Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more
Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more
7/27/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
Most savvy employers know all too well the dangers of ignoring whistleblowers. Financial and reputational penalties can be steep.
Originally published in Law360 on April 25, 2023....more
High performers are crucial to organizational success but often are accompanied by challenges and sometimes even legal risks. Listen in as Partners Tracey Diamond and Evan Gibbs chat with Shiftsmart Senior Vice President of...more
What effects can employee burnout have on your company? Does your productivity, work product, and overall employee morale suffer when there is employee burnout? Can employee burnout lead to safety issues and a potential...more
Summary -
On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more
7/3/2023
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Q: Can sexually graphic, misogynistic music played in the workplace be considered sexual harassment even if it is not directed at a particular employee and found offensive by employees of both sexes? ...more
George Costanza, a character from the classic sitcom "Seinfeld," is the original "quiet quitter," a term used for employees who do the bare minimum at work. Hear from the master himself...
Originally published in Law360 -...more
Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more
What does your management style say about you? Do you demand perfection from your team? Is perfectionism a double-edged sword? Partners Tracey Diamond and Evan Gibbs sit down with Elise Holtzman, founder of The Lawyer's Edge,...more
Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more
6/16/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Disability Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Title VII
Sometimes it’s not what you say, but how you say it. What’s the best approach to managing and getting the most out of your employees? Are there gender and generational challenges to administering performance management...more
How do you determine when an employee is impaired at work? How do you detect drug use in a remote work environment? When can you ask an employee to take a drug test? Partners Tracey Diamond and Evan Gibbs sat down with...more
The TV drama miniseries “WeCrashed” follows the rise and fall of what was once one of the most valuable startups, WeWork Inc., founded by Adam Neumann with the assistance — and occasional hindrance — of his wife,...more
Most companies know that they can't demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with...more
Earlier this month, President Joe Biden signed into law the Protecting American Intellectual Property Act, which aims to protect U.S. intellectual property by imposing sanctions on companies and individuals involved in trade...more
What risks do companies face for failing to timely and sometimes appropriately investigate workplace complaints? In the first video recording of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down...more
What responsibilities do managers and coworkers have to prevent or stop harassment in the workplace? Is silence just as bad as the harassment itself? Partners Tracey Diamond and Evan Gibbs sit down with Megan Bigelow,...more
George Costanza was the master at “quiet quitting” — the latest term for employees who do the bare minimum. Have your employees joined this trend? Is production down in the office? Partners Tracey Diamond and Evan Gibbs sit...more
On January 10, Governor Murphy signed Assembly Bill No. 4768, paving the way for a series of previously enacted amendments to New Jersey’s WARN Act, N.J.S.A. 34:21-1, et seq., (“NJ WARN Act” or the “Act”) to finally take...more
What could possibly go wrong with firing employees for having "bad energy" or not being "a good fit?" Join Partners Tracey Diamond and Evan Gibbs as they sit down with Fulton Bank Director of Organizational Effectiveness...more
Q: Does the Speak Out Act affect employer nondisclosure and nondisparagement agreements?...more
How does a company keep its trade secrets secret? What can companies do to protect their confidential information? In Episode 10 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sat down...more
The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more
Should you be friends with your coworkers outside of work? What should employers consider when they learn about a relationship outside of the workplace? In Episode 9 of the Hiring to Firing Podcast, Troutman Pepper Partners...more