The XpertHR Podcast (US)

With the Supreme Court blocking the Biden administration's vaccine-or-test mandate for large employers from taking effect, what happens next? And, does the ruling leave companies on their own when it comes to vaccine-related safety measures? XpertHR Legal Editor David Weisenfeld breaks down this monumental ruling striking down the COVID-19 Emergency Temporary Standard (ETS) that would have affected an estimated 84-million employees, and a separate opinion upholding a vaccine requirement for health care workers. Meanwhile, XpertHR Legal Editor Melissa Boyce, who leads our vaccination resource coverage, discusses how employers can proceed now that the Supreme Court has spoken.

Littler employment shareholders Bruce Sarchet and Emily Patajo join XpertHR Legal Editor David Weisenfeld for an in-depth look at the many new developments affecting California employers in 2021. Some of the more notable developments include the: Expansion of the California Family Rights Act to apply to employers with five or more employees; New pay data-reporting requirements for employers with 100 or more employees; Emergency COVID-19 workplace safety regulations; Changes to the California Consumer Privacy Act; and Added diversity requirements for the boards of publicly held corporations.

On this podcast, Littler employment attorney Natasha DeCourcy joins XpertHR Legal Editor David Weisenfeld to discuss what happens if the Families First Coronavirus Response Act and its federal paid leave provision is allowed to expire on December 31. DeCourcy takes employers through all the potential contingencies, including whether an expiration also means the end of an employer's ability to continue claiming tax credits. She also advises that employers should not mention the FFCRA, or anything related to COVID, at all in their employee handbooks because of the fleeting nature of these requirements.

This podcast explores the various changes employers should expect after President-elect Biden takes office on January 20, as Proskauer employment attorneys Anthony Oncidi and Laura Fant join XpertHR Legal Editor David Weisenfeld. Oncidi heads the labor and employment group at Proskauer's Los Angeles office while Fant practices with the firm's New York City office. While there would have been more developments had the Democrats taken control of the Senate (at best they can achieve a 50-50 split), Oncidi and Fant agree there will be significant action at the regulatory level. 

Long-time employment attorneys Jonathan Hyman and Robin Shea, both accomplished bloggers on workplace issues, join XpertHR Legal Editor David Weisenfeld for a wide-ranging discussion about employee social media use. Generally speaking, employers can hold an employee responsible for posts on their personal social media accounts. But there are lots of exceptions to the rule. "Employers can't get too draconian or employees will perceive them as Big Brother," said Hyman. "The message shouldn't be 'don't post political stuff.' It should be 'let's be respectful.'" Shea asserted that employers must avoid content-based judgments. "You can't allow pro-Biden posts and not pro-Trump posts." Both agree there may be situations where employers may need to hold employees accountable for what they post on their personal social channels (e.g. harassment or calls for violence).

A new school year has started, and it is presenting unprecedented challenges for working parents and employers. Many schools are physically open on a reduced schedule or 100% remote. The US Department of Labor recently tried to clear up confusion regarding an employee's eligibility for leave under the Families First Coronavirus Response Act (FFCRA) when a child's school is on a hybrid or remote schedule. On this podcast, Littler employment shareholder Jeff Nowak joins XpertHR Legal Editor David Weisenfeld to discuss a host of back to school leave issues. Nowak is sympathetic to the plight many parents are facing, but said they cannot take leave under the FFCRA for the hours or days that their child's school is open. However, he advises employers to look for creative solutions when possible in noting that they will help them to be an "employer of choice" when the coronavirus pandemic is over.

HR is at a tipping point, and must take a fresh look at how it approaches job candidates and employees. That's according to Ira Wolfe, author of "Recruiting in the Age of Googlization: When the Shift Hits Your Plan," who joins XpertHR Legal Editor David Weisenfeld to discuss recruiting challenges during this time of uncertainty. Wolfe is the president of Success Performance Solutions and often presents at SHRM conferences.

In our continued look at diversity and inclusion issues, corporate culture consultant Joy Stephens joins XpertHR Legal Editor David Weisenfeld to discuss the importance of having serious conversations about racial inequality to create greater understanding among your employees. That includes raising questions with your management team. "If black people make up 10% or 11% of the country, why don't they make up 10% or 11% of the leadership team?" asked Stephens. "If you have an all-white executive board, ask yourself why." Noting that diversity is no longer an expendable line item, Stephens said she would like to see these conversations extend to other marginalized groups. "The differently abled, LGBT employees and others also suffer from microaggressions," noted Stephens. "All of them need that same attention."

Employers have had to adopt a host of new policies and procedures during the COVID-19 crisis and must continue weighing changes that were unthinkable just a few months ago. This podcast features unique insights on ways to answer employee questions and prepare for future challenges from Ogletree Deakins employment attorney Kathy Dudley Helms, who heads her firm's Columbia, South Carolina office and Lin Hearne, Director of HR Operations for Acute Care at Prisma Health. Helms and Hearne share perspectives from the compliance side and the practical side on: Remote work policies; Visitor and mail policies; Bonus pay; Childcare issues; and Communicating changes to employees.

The Supreme Court broke new ground with its 6-3 ruling that an employer that fires someone merely for being gay or transgender violates Title VII of the Civil Rights Act. The Court's decision is a major victory for LGBT employees, who had lacked basic job protections in more than half of the states. Anthony Oncidi, head of the labor and employment group for Proskauer's Los Angeles office, joins XpertHR Legal Editor David Weisenfeld to discuss the ruling's significance, what it means for employers and what the next big workplace issue will be at the nation's highest court.

The co-author of a Harvard Business Review article on why US businesses must take meaningful action against racism, Laura Morgan Roberts, and the co-chair of Littler's EEO and Diversity Practice Group, Cindy-Ann Thomas, join XpertHR Legal Editor David Weisenfeld for a discussion about the nationwide response to George Floyd's suffocation death at the hands of police in Minneapolis. Roberts and Thomas discuss the importance of candor in corporate messages. It's especially important not to couch terms or tiptoe around the realities of the situation, said Thomas. "Employers need to show they understand by using words in their statements like: Murder; Racism; Injustice; and Marginalization." "You have to talk about it," said Roberts. "It's not a time to be silent." Both said this crisis illustrates more than ever the need for long-term investment in diversity and inclusion initiatives.

Employers are facing numerous dilemmas as they prepare to reopen their worksites. New York City employment attorney Jason Habinksy joins XpertHR Legal Editor David Weisenfeld to discuss how to handle these return-to-work challenges without violating employment laws. Habinsky chairs the labor and employment practice group at Haynes and Boone. "HR professionals will be additionally busy as we return to the workplace," said Habinsky. "A big part of that is going to be reassuring employees that their employer is taking steps to protect them." Habinsky notes that the next phase after returning to work will likely be the complaint and litigation phase. Some key issues for employers to be aware of include: How to accommodate at-risk employees; Privacy concerns involving employee temperature checks; OSHA considerations; Discrimination claims involving furloughs; and Potential wage and hour claims.

Employers are facing many challenges as they weigh what a return to work will entail, and how it can be done safely. On this podcast, Global Workplace Analytics President Kate Lister joins XpertHR Legal Editor David Weisenfeld for a wide-ranging conversation about the future of work and what offices may look like in the years ahead. "The genie is not going back in the bottle with telework," said Lister. "The surveys we've done show the large majority of people who hadn't worked from home before want to continue doing it." Meanwhile, amidst the business downturn, she noted that many employers are taking a fresh look at whether they really need all of their office space.

On this podcast, Brower joins XpertHR Legal Editor David Weisenfeld to discuss the crisis and offer tangible ways to reduce stress. She also addresses how managers can help, including understanding mental illness under the Americans with Disabilities Act. Brower has written a book about creating work-life fulfillment and has engaged with many Fortune 500 companies during her career. Some tips include: Maintaining a daily routine; Being grateful for the little things; Setting boundaries (e.g. not talking coronavirus over dinner); and Limiting time reading or watching the news.

Millions of US workers are able to receive federally mandated paid leave for the first time under the Families First Coronavirus Response Act (FFCRA). But with few employers unscathed by the COVID-19 crisis, many are wondering what this emergency law means for them. Littler employment attorney Jeff Nowak, a leading authority on leave law issues, joins XpertHR Legal Editor David Weisenfeld to break down the FFCRA. "This new law is fraught with compliance issues," said Nowak. What concerns him the most is how employers will take paid leave into account in conjunction with the Family and Medical Leave Act and state and local leave laws. But Nowak said the availability of immediate tax credits eases the burden on employers somewhat.

On this podcast, Laner Muchin employment attorney Peter Gillespie addresses several key issues affecting businesses in the new COVID-19 landscape, including: Whether relief is available to businesses that disagree with having been deemed "nonessential"; How multistate employers should handle discrepancies regarding who are essential workers; Whether it is enough for an employer to give out gloves and surgical masks in an effort to stay open; and Other key employer obligations under OSHA.

The news has been rather bleak on the employment front of late to say the least. A record 6.6 million Americans filed unemployment benefits claims last week, after nearly 3.3 million unemployment benefits claims were filed two weeks ago, up from just 200,000 one month ago. At the heart of this has been the spiraling number of business closings and temporary shutdowns taking place amid COVID-19. On this podcast, Ford Harrison employment attorney Amy Turci joins XpertHR Legal Editor David Weisenfeld to discuss what employers need to know about the Worker Adjustment Retraining and Notification (WARN) Act, plant closings and temporary furlough issues. Turci is a member of her firm's Coronavirus Taskforce and practices with its Jacksonville, Florida, office.

Working from home is one thing, but working from home with children in the house 24/7 or elderly relatives to care for is quite another. On this podcast, XpertHR Managing Director Scott Walker discusses those challenges, how this crisis has affected him personally and specific steps he has taken to maintain staff morale. "We don't know when this is going to end. All of our offices are in a form of lockdown," said Walker. "You need to strike that right balance between creating a sense of fun and engagement when people are working at home disconnected from their team members."

This podcast features one of the nation's leading experts on unconscious bias at work, Dr. Sondra Thiederman. Having worked with Fortune 500 companies, Thiederman noted that positive biases can be just as damaging as negative ones when it comes to damaging an organization's recruiting efforts. For instance, Thiederman said the following "positive" biases can prevent HR from seeing candidates as they really are: Millennials are always good with technology; Older workers tend to be reliable; and Asians bring strong math skills to the table.

With the coronavirus (or COVID-19) permeating every aspect of American life, much of the focus is on workplace implications. This podcast takes a deep dive into the issues as longtime Ogletree Deakins employment attorney Kathy Dudley Helms, managing shareholder of the firm's Columbia, South Carolina, office, shares her insights in a wide-ranging conversation with XpertHR Legal Editor David Weisenfeld.

On this podcast, Seyfarth Shaw partner Gerald Maatman discusses the record rate for employment law class actions in 2019 with XpertHR Legal Editor David Weisenfeld, a trend employers cannot afford to ignore. Maatman authored the firm's 16th Annual Workplace Class Action Litigation Report, which pointed to "seismic shifts" in the employment law class action landscape.

When Amazon threatened to fire employees for speaking out about the company's need to do more on climate change, it created a public relations quagmire. This podcast examines Amazon's ill-fated crackdown and other topical employee speech issues with Kate Bischoff, who runs the Minneapolis-based tHRive Law and Consulting, and Cleveland employment attorney Jonathan Hyman, of Meyers Roman. Hyman noted that PR issues often trump legal ones. In this case, threatening a couple of employees with termination led to more than 350 Amazon workers speaking out publicly in an online critique.

On this podcast, Littler shareholder Meredith Shoop provides her annual look at the key items organizations need to include in their employee handbooks. With new state and local employment laws sprouting up on a fairly regular basis, Shoop notes that regular updates are critical.

On this podcast, Littler shareholder Bruce Sarchet takes a deep dive into the many new California employment laws effective January 1, 2020, with XpertHR Legal Editor David Weisenfeld. Sarchet highlights AB 5, which would reclassify an estimated 2 million workers in California from independent contractors to employees.

On this podcast, longtime North Carolina employment attorney Robin Shea joins XpertHR Legal Editor David Weisenfeld to discuss workplace parties and how employers can ensure their annual holiday celebration steers clear of legal risks.

US Immigration and Customs Enforcement (ICE) agents carried out what's been called the largest statewide workplace enforcement action in the nation's history in arresting 680 undocumented workers at several Mississippi food processing plants this summer. ICE also seized records from the companies that employed these workers. This podcast examines what's next for employers amidst this heightened enforcement climate with Littler shareholder Jorge Lopez, who chairs the firm's Global Mobility and Immigration Practice Group. Lopez discussed what HR can do to stay prepared for I-9 audits and stressed the importance of being proactive in showing good faith regarding compliance issues. According to Lopez, the industries most at risk of similar raids to what occurred in Mississippi include but are not limited to: Agriculture; Construction; Hospitality; and Manufacturing.

This podcast features a unique look inside the Supreme Court as XpertHR Legal Editor David Weisenfeld reports on whether Title VII of the Civil Rights Act protects employees from being fired based on their sexual orientation, transgender or transitioning status. The justices heard oral arguments on October 8, with rulings not expected until 2020. The Court appeared deeply divided in what figures to be the most closely watched employment law controversy of its term. Bostock v. Clayton County, Georgia and Altitude Express v. Zarda involve a pair of gay men who claimed they lost their jobs because of their sexual orientation while R.G. & G.R. Harris Funeral Homes v. EEOC involves the first transgender civil rights employment case to reach the Supreme Court.

On this podcast, Society for Human Resource Management (SHRM) CEO and President Johnny C. Taylor Jr. speaks with XpertHR Legal Editor David Weisenfeld about the importance of second chance hiring of individuals with a criminal history. Taylor said employers cannot afford to ignore this untapped talent pool, especially amidst the growing labor shortage. Since taking the helm at SHRM nearly two years ago, Taylor has made this issue a top priority for the 300,000-plus member organization. One CEO told Taylor, "We are flush with cash. Our problem is human capital. We can't find enough of the right people with the right skills." That comment leads Taylor to call it "simply good business" for employers to tap into the formerly incarcerated.   An added benefit to this talent acquisition strategy is that it can increase an organization's diversity as well. But despite SHRM's push for second chance hiring, Taylor noted that the organization does not support a national "ban the box" law affecting private employers, but he does strongly advocate that employers not automatically disqualify applicants with a criminal history from consideration.

Reverse mentoring, a concept first popularized by former General Electric CEO Jack Welch, is when a senior leader takes on a much younger employee to be their "mentor." The rationale is to ensure the leader remains connected with technological advances and other key developments affecting their workforce.

Many employers continue to get tripped up with compliance issues involving pregnancy. That's why long-time employment attorney Robin Shea, of Constangy, Brooks, Smith & Prophete, joins XpertHR Legal Editor David Weisenfeld on this podcast to discuss pregnancy discrimination pitfalls and how to avoid them. Light-duty programs are a real trap with pregnant employees, according to Shea. "I'm still seeing employers who offer "make-work" light duty for work-related injuries but do not offer it for anybody else. And that could be a problem under the [Supreme Court's] Young vs. UPS standard," she said. In that case, the employer accommodated employees who were injured on the job but refused to do so for a pregnant employee.

Artificial Intelligence (AI) is playing an increasingly significant role in recruiting and hiring, cybersecurity, payroll and other employment areas. This podcast takes an in-depth look at AI issues with Garry Mathiason, who spearheaded a first-of-its-kind practice area in forming the Robotics Practice Group at Littler Mendelson.  

On this podcast, New Hampshire employment attorney Jim Reidy discusses with XpertHR Legal Editor David Weisenfeld whether employers should still be testing for marijuana on their drug screens. With 33 states having legalized some form of medical marijuana and 10 more plus the District of Columbia having legalized recreational use, the issue is growing in importance. New York City recently passed a groundbreaking preemployment drug testing ban for marijuana, and Maine has a similar ban. Reidy called these laws, "The wave of things to come." But he expects that safety-sensitive positions will always be exceptions.

This podcast takes an in-depth look at key developments from this year's Supreme Court term affecting employers with Anthony Oncidi, head of the Labor and Employment Group for Proskauer's Los Angeles office, and XpertHR Legal Editor David Weisenfeld. Most notably, the Court held 5-4 in Lamps Plus, Inc. v. Varela that employees may not compel their employer to face classwide arbitration when an arbitration agreement is ambiguous as to whether the parties agreed to submit disputes to class arbitration. It marks the latest in a series of close decisions permitting companies to bar class actions in court as well as in arbitration. In light of the ruling, Oncidi said employers that carve out arbitration exceptions for sexual harassment claims are making a mistake.

On this podcast, Littler employment attorney Cindy-Ann Thomas, co-chair of the firm's EEO & Diversity Practice Group joins XpertHR Legal Editor David Weisenfeld for a deep dive into diversity and inclusion issues. "Diversity is really not the problem for most employers, it's inclusion," said Thomas. This means taking a good, hard look at the organization's systems and practices. Nonetheless, Thomas noted that it is important for employers to ensure their interviewing panels are diverse. Otherwise, she asserted, "You end up with a team of mini-me's."

While the US is the only industrialized country that does not guarantee its citizens paid family leave, there is a growing push to change that. On this podcast, the Society for Human Resource Management's (SHRM's) Lisa Horn joins XpertHR Legal Editor David Weisenfeld to discusses how the various proposals might fare amidst gridlock in Congress. Horn is SHRM's vice president of policy engagement. Speaking at SHRM's Employment Law and Legislative Conference in Washington, DC about the possibility of paid family leave, Horn said, "It absolutely has to be bipartisan to get anywhere in this town." Horn added, though, that she is more optimistic than in the past because both parties are offering up what she called "solid proposals" so she sees things moving in the right direction.

On this podcast, the Trump administration's recent proposal to raise the minimum salary for overtime-exempt employees to $35,308 takes center stage in a conversation between former Department of Labor Wage and Hour Administrator Tammy McCutchen (now VP & Managing Director of Strategic Solutions at ComplianceHR) and XpertHR Legal Editor David Weisenfeld. Speaking with Weisenfeld at the Society for Human Resource Management's annual Employment Law and Legislative Conference in Washington, DC, McCutchen stressed that time is of the essence with the new regulations. In noting that 2020 is an election year, she said a failure to finalize the proposed rules by the end of 2019 could result in a revival of the Obama administration's much higher minimum salary level of $47,476.

From a bottom-line perspective, few things are as costly as watching talented employees walk out the door. On this podcast, employee engagement expert David Lee speaks with XpertHR Legal Editor David Weisenfeld about common mistakes managers make to push people away, and ways to avoid them. Lee focuses in on what turns employees from "happy campers" into job seekers. Too often, he says, employers fail to act as if human capital is their number one asset. He called it "very important" for organizations to consider what is within their circle of control to create a positive work experience and improve engagement.

A growing number of companies are turning to technology to keep track of employee biometric data, such as fingerprints. But the use of this data is also creating a host of privacy issues. On this podcast, Chicago employment attorney Greg Abrams, of Faegre Baker Daniels, and Kate Bischoff, who runs the Minneapolis-based tHRrive Law and Consulting, join XpertHR Legal Editor David Weisenfeld for a deep dive into employer biometrics use and how it is leading to increased litigation and concerns.

Despite what one might see on Law & Order and other shows, there is no foolproof way to tell when an employee who is the subject of an internal investigation is lying. But while there may not always be a "smoking gun," there are steps HR professionals can take to increase their odds of spotting deception. On this podcast, investigations expert Michael W. Johnson tells XpertHR Legal Editor David Weisenfeld that many people stumble when questioning witnesses because they are looking for the wrong body language cues and operating on a number of misconceptions, including: Good eye contact means it's more likely a witness is telling the truth; Lots of fidgeting means someone is probably lying; and Tough questioning will lead to the truth.

With many new employment laws taking effect in various states, the new year is a perfect time to take a fresh look at your organization's employee handbook. On this podcast, Littler shareholder Meredith Shoop speaks with XpertHR Legal Editor David Weisenfeld about what employers need to know when updating their handbooks. "If you've been allowing your company handbook to fall down the to-do list, then it's time to really consider bringing it back up to the top," said Shoop. "It's a critically important document for any and all HR functions, and it's something that should be taken very seriously," especially with state and municipal legislation continually changing. That's why she stressed the importance of annual updates.  

On this podcast, Philadelphia employment attorney Jonathan Segal joins XpertHR Legal Editor David Weisenfeld to discuss what's wrong with the annual performance review process and how to fix it. Segal is managing principal of the Duane Morris Institute and a popular speaker at Society for Human Resource Management (SHRM) conferences. While some have called for abolishing annual performance reviews altogether, Segal is not among them. "We should fix it [the process] rather than nix it," he said. "There is a lot of checking off boxes and writing comments, but no conversation." If employers focus more on performance development and have a dialogue where a manager tells employees where they can grow, the process is far more likely to increase engagement.

Voter turnout for the 2018 midterm election hit a 50-year high, as the fate of both the House of Representatives and the Senate hung in the balance. But with attention focused on several hotly contested races, there were some notable state ballot initiatives that employers should not overlook. On this podcast, XpertHR Legal Editors David Weisenfeld and Beth Zoller discuss several key measures that passed in the election's aftermath, including: Expanded transgender rights in Massachusets; Minimum wage increases in Arkansas and Missouri; Recreational marijuana legalization in Michigan; and Medical marijuana legalization in Missouri and Utah.

This podcast examines the dizzying array of new employment laws that have been signed recently affecting California employers with Bruce Sarchet, a shareholder with Littler Mendelson's Sacramento office. The highlights discussed included a: First-of-its-kind law requiring Golden State-based corporations to have at least one woman on their board of directors; Significant expansion of California's sexual harassment prevention law; Ban on most confidentiality clauses in sexual harassment settlement agreements; New law limiting an employer's ability to use non-disparagement clauses; and Breastfeeding breaks expansion of employee rights.

New York has passed new sexual harassment policy and training requirements affecting all employers, from Mom-and-Pop stores to Wal-Mart. With other states beginning to follow suit, this podcast examines the new laws with New York City employment attorney Michael Schmidt, vice chair of the Labor and Employment Department at Cozen O'Connor. "Even if you've got just one employee in New York, you've got to comply with the training requirement," said Schmidt. Another notable requirement is that an employer must comply with these requirements as each new hire is brought into the company. Companies have until October 9, 2019, to comply with the mandatory training but should have a sexual harassment prevention program in writing immediately.

This podcast features outside-the-box insights about the HR role and how to improve it from Steve Browne, the author of "HR on Purpose" and acclaimed speaker. Browne, vice president of HR for the LaRosa's Pizzeria chain, often shows up incognito at his employer's various restaurants so employees are not on edge and do not change their approach. Browne shares many useful tips that may change the way you think about HR. Chief among them, Browne stresses that HR must be "a regular part of the mechanism" and not just a place people go to when there is a problem. That means, above all, being accessible to employees, being a good listener and showing that you care about them.

Many companies trumpet their zero-tolerance discipline policies as evidence of their strong stance against bad workplace behavior. But this podcast examines how these policies might actually do more harm than good with Robin Shea, a partner with Constangy, Brooks, Smith & Prophete, and the author of the firm's Employment and Labor Insider blog. "They're way too strict," said Shea. "Most employees view these policies as meaning that if you commit an offense, you will be fired with no consideration of mitigating circumstances." According to Shea, the result is that some employees will not report certain misconduct because they do not want to see a coworker fired for something that likely falls short of a terminable offense.

With #MeToo now a household name, sexual harassment is undoubtedly one of the most significant issues affecting employers today. That's why it was front and center at the annual conference of Society for Human Resource Management (SHRM) in Chicago, which featured a presentation by Philadelphia employment attorney Jonathan Segal, partner and managing principal of the Duane Morris Institute. This podcast features a wide-ranging conversation with Segal at the conference about sexual harassment and workplace relationships, including: The role HR can play in investigations; Why love contracts are not a good idea; Gray areas involving what's socially acceptable; and Unintended consequences.

The gig economy has been described as a "game changer" for the relationship between companies and their workers. But a recent Bureau of Labor Statistics (BLS) report actually shows a slight decline in the number of US workers employed in alternative work arrangements between 2005 and 2017. So is all of the gig economy talk more hype than reality? This podcast takes an in-depth look with Fisher Phillips employment attorney Rich Meneghello, who co-chairs his firm's Gig Economy Practice Group. "If you're an HR professional, this report is not good news," says Meneghello. However, he notes that the report failed to include certain categories of workers, including online workers and those with full-time jobs who perform gig work on the side to supplement their income.

SHRM's President and CEO Johnny C. Taylor Jr. has made several changes since taking the helm at the beginning of 2018. This podcast features a wide-ranging conversation with Taylor at the SHRM 2018 Conference and Exposition in Chicago on key challenges affecting HR professionals today. Chief among them is the oft-voiced complaint that, too often when people go to HR, nothing happens. "A lot happens, but people just don't know it's happening," said Taylor. "And that's the part that we've got to do a better job as a profession of reacting to." Taylor explains that much of what HR does must be kept confidential, and people don't always realize that.

The Supreme Court has ruled that companies may force their employees to arbitrate their workplace disputes individually, rather than as part of a class action. It's a ruling that could affect an estimated 25 million employment contracts and has a host of other implications. This podcast examines the closely watched case of Epic Systems vs. Lewis and what it means for employers with Seyfarth Shaw employment attorney Gerald Maatman, who chairs the firm's class action defense group.

Between the nation's growing opioid crisis and the increasing number of marijuana legalization laws, employers may need to revisit their drug-testing programs if they have not already done so. Secretary of Labor Alex Acosta said during a 2018 speech about occupational licensing that employers should "rethink the practice of drug testing every applicant" because it could keep qualified people out of the workforce. On this podcast, management-side employment attorney Jim Reidy discusses pressing issues affecting this evolving area. Reidy chairs the labor and employment group at Sheehan Phinney in New Hampshire, and said several of his clients no longer test for marijuana at the preemployment stage. He noted that Maine has prohibited such tests prior to employment, and thinks that could be a bellwhether for other states.