The newest episode of The Employment Law Counselor Podcast, hosted by Jeff Stewart, Counsel, and Tanya Salgado, Partner, covers the topic of violence in the workplace and potential claims that employers face surrounding these incidents. The discussion covers the steps that employers can take when conducting their background checks, ban the box laws, understanding the laws in your jurisdiction, and policies employers should have in place that address workplace violence.Continue Reading
This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and Casino. In advance of the upcoming presidential election, Jeff and John discuss what restrictions employers can put in place about discussing politics in the workplace, what protections employees have and how some political discussions can lead to liability under discrimination statutes.
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In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Scott Casher, Partner and Co-Chair, Labor and Employment Practice Group, joins host Jeffrey Stewart for a discussion on what the future holds for Non-Compete Agreements in the United States after the ban proposed by the FTC. Jeff and Scott briefly discuss the history of non-competes in the country, the details of the proposed, the potential challenges that have already been filed, and how employers should respond.
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In the newest episode of The Employment Law Counselor in collaboration with the Professional Liability Underwriting Society, Jeff is joined by Tanya Salgado, Partner, to discuss how religious discrimination and religious harassment claims are expected to rise dramatically in the next year. With religious protests around the country being a topic of discussion in the workplace, it is imperative for employers to understand what constitutes religious discrimination and religious harassment, as well as to train supervisors to handle these issues.
In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Laura Corvo, Counsel, joins host Jeff Stewart for a discussion of AI in the workplace and the potential liabilities employers face. Jeff and Laura cover AI in the hiring process, recent laws trying to address it and how employers are utilizing the tool. They also talk about the importance of employers having a policy to provide guidance for AI usage in the workplace.
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On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented a more relaxed standard under which indirect—and even unexercised—control over another employer’s employees could qualify an employer as a “joint employer” with respect to application of the National Labor Relations Act (NLRA). If the new Joint-Employer Rule had gone into effect, it would have brought significantly more employers within the reach of the NLRA and the oversight of the NLRB.
In Chamber of Commerce of the United States et al. v. National Labor Relations Board et al., No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024), the Chamber of Commerce and other entities sued the NLRB to enjoin the implementation of the new rule as unlawful on the grounds that it was contrary to common law and was arbitrary and capricious. The Court agreed and held that the rule could not take effect.Continue Reading
In this episode, host Jeff Stewart sits down with Tom Hams, Managing Director, National EPLI
Practice Leader at Aon, to discuss all things EPLI in The Employment Law Counselor podcast.
Among the topics covered are recent nuclear verdicts, attacks on DEI initiatives and wage and
hour lawsuits. Jeff and Tom also preview the upcoming Professional Liability Underwriting
Society EPLI Symposium.
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In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart sits down with Chris Williams from Travelers to understand how insurers underwrite EPLI policies, including what information they need, what factors they look at most, and even what industries they may stay away from. In addition, Chris and Jeff preview PLUS’s upcoming EPLI symposium.
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With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the following:
State Minimum Wage Changes
The federal minimum wage ($7.25/hour) has not changed in over a decade, but state and local laws pertaining to minimum wage rates are constantly changing. Employers should consider reviewing applicable minimum wage laws in their jurisdiction and evaluate their workforce (standard/seasonal/tipped/minor workers, etc.) to determine employee rate of pay.Continue Reading
In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart interviews Mitch Terk, Vice President of Claims for Nexus Specialty, to explore how insurers and panel counsel work together. They have an insightful discussion on how an insurance company selects and assigns panel counsel, building relationships, and avoiding surprises as a matter progresses through litigation.
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In this episode of the Employment Law Counselor, hosted by Jeff Stewart in collaboration with
Professional Liability Underwriting Society, Jeff is joined by Nancy Conrad, Managing Partner,
Lehigh Valley Office, for a discussion about how a new lawsuit is assessed and handled in the
first days after receiving the case. They look at how different parties – a business, an attorney
and an insurance company – work together to gather information and create an initial plan.
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Documents are important for employers and supervisors to obtain and control the narrative to avoid litigation in layoffs or terminations. In many cases, documentation will stop a claim before it starts. In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, Laura Corvo, attorney at White and Williams, joins Jeff for a discussion on documentation and how employers can create effective documents before problems arise.
On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements.
Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours in a workweek at a rate not less than one and one-half their regular rate of pay. The proposed rule substantially revises the salary threshold applicable to executive, administrative, and professional (EAP) employees, as well as “highly ... Continue Reading
In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, John Baker, Attorney, joins the chat titled “Retaliation Claims are on the Rise. Jeff and John cover various instances of retaliation complaints and provisions, while also presenting examples of protected activity of employees and adverse employment actions and consequences.
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