This Week at Work: An HR and Employment Law Show

AI is quickly moving onto the factory floor through cameras, monitoring systems, productivity tools, and automated decision-making. While these technologies can improve safety, efficiency, and workforce management, they can also create significant privacy, employment law, and compliance risks. The challenge for manufacturers is understanding that the legal requirements often depend on what the technology does and how its information is used.
Phil Brandt and Burt Garland discuss what manufacturers should consider before deploying AI—and how to use it responsibly once it’s in the workplace.

Comp time sounds like a simple, employee-friendly benefit—but for many employers, it's actually one of the most misunderstood and legally risky practices in the workplace. Today, we'll separate fact from fiction and explain what every HR professional and business leader needs to know before offering time off instead of overtime pay. Phil Brandt and Burt Garland discuss the legal implications.
Five Common Misconceptions
"Employees agreed to it."
Employee agreement does not eliminate FLSA obligations. Protected wage rights generally cannot be waived simply because both parties prefer another arrangement.
"We're a small company."
Many smaller employers remain subject to federal overtime requirements. Organization size alone does not determine coverage.
"They're salaried."
Salary alone does not determine exempt status. Job duties, salary basis, and applicable legal tests determine whether overtime rules apply.
"Flexible schedules are illegal."
Not at all.
Employers can often adjust schedules within the same workweek to avoid overtime while remaining compliant. The key is that overtime calculations are based on the workweek—not future weeks.
"We've always done it this way."
Longstanding practice does not create legal compliance. Many wage-and-hour investigations begin after an employee complaint reveals an informal policy that has existed for years.

This episode covers one of the biggest developments we've seen from the EEOC in several years.  If you think the EEOC's new National Enforcement Plan is just another government policy update, think again—it could significantly change how employers are investigated and held accountable.

What happens when employees claim they worked hours they were never paid for? In this episode of This Week at Work, Phil and Burt unpack a landmark federal court ruling that limits FLSA overtime gap-time claims and explore critical lessons employers need about wage-and-hour compliance, recordkeeping, overtime calculations, and employee classifications.

Who’s really the employer? The U.S. Department of Labor’s proposed Joint Employer Liability rule could significantly impact how businesses work with staffing agencies, subcontractors, franchisees, and other third-party partners. In this episode, employment law attorney Burt Garland breaks down the proposed four-factor test, explains the difference between vertical and horizontal joint employment, and outlines what employers should be doing now to prepare.
For business leaders, HR professionals, and owners, this discussion provides practical guidance on reducing risk, reviewing key business relationships, and staying ahead of regulatory changes that could affect compliance, liability, and workforce strategy. If your organization relies on any type of contingent labor or partnership model, this is a conversation you can’t afford to miss.

Compensation is no longer just an HR function, it's a business strategy that directly impacts recruiting, retention, performance, and employee trust. In this episode of This Week at Work, Phil Brandt sits down with compensation expert Michael Maciekowich to explore how pay transparency is exposing hidden weaknesses in compensation programs, why organizations must align pay with business goals, and the critical role managers play in communicating compensation decisions. If your leaders can't clearly explain how pay works, your compensation program may be creating risk instead of building trust—and this conversation will show you how to fix it.

Meta Ray-Bans, translation earbuds, AR headsets — recording-capable wearables are already showing up in workplaces every day, often before anyone in HR realizes it. The policies most employers rely on were written for a world where recording meant pulling out a phone. That world is gone.
Phil Brandt sat down with employment attorney Burt Garland of Ogletree Deakins to unpack the legal exposure most employers haven't thought through yet — consent laws, BIPA, NLRA Section 7, ADA accommodation, and the records problem nobody's talking about.
If your handbook hasn't been updated for what's already walking through your door, this is the one to watch or read before the next policy review.

Military leave is quickly becoming a frontline issue for employers as global tensions increase the likelihood of National Guard and Reserve activations. HR leaders may face short-notice deployments, extended absences, and complex reemployment obligations — all governed by strict compliance requirements. In this episode of This Week at Work, we break down what employers need to know now, including military leave fundamentals, common compliance risks, policy best practices, and practical steps to prepare your organization. You’ll gain real-world insight to help support employees serving in the military while protecting your business from avoidable risk. If military leave hasn’t been on your radar, it should be now. This conversation helps HR leaders move from uncertainty to readiness with clear, actionable guidance.

Everyone’s staying, but are they still showing up?Turnover is down, but so is energy. From hybrid fatigue to economic caution, employees may be staying put, but not leaning in. Learn why today’s disengagement looks different, how to spot the early signs, and what leaders can do to re-ignite focus before top talent quietly checks out. Phil and Burt are joined by leadership strategist Tanya Zion for a timely conversation about the signals employers can’t afford to miss. Using the latest Gallup data, she explains why employees are staying put yet feeling disconnected, how unclear expectations are fueling burnout, and what managers must do differently to develop today’s workforce.
Timestamps: 00:00 – Welcome02:59 – Lawyer on the Clock begins 03:09 – EEOC rescinds 2024 harassment guidance explained07:00 – State-by-state DEI and affirmative action rollbacks10:06 – EEOC sues Nike over race discrimination investigation12:23 – FTC targets law firms and Mansfield Certification19:38 – AIM updates and transition to Tanya Zion21:01 – Engagement down while retention rises – Gallup insights26:31 – Rethinking the manager’s role and clear expectations29:10 – AI, cognitive offloading, and critical thinking risks35:01 – Celebrating incremental wins and practical leadership takeaways
Be sure to "Like" and Subscribe! Learn more about becoming a member of AAIM at https://aaimea.org

Send in your questions to hrask.org/account/questions/aaim/128or leave your questions in the chat!
In Episode 360, Phil is joined by Melissa Pesce of Ogletree Deakins and executive coach Leslie Mizerak to break down the workplace issues leaders and HR professionals need to understand right now.
Our panel covers timely legal guidance on FMLA and snow day closures, what employers should know about remote work as a disability accommodation, and how clear policies can reduce risk. Then the conversation shifts to the growing role of executive coaching in leadership development, managing change, and preparing high-potential employees for succession.
Timestamps: 00:01:36 – Phil welcomes Melissa Pesce back to the show00:02:46 – Introduction of executive coach Leslie Mizerak00:03:22 – Leadership trends and upcoming AIM events update00:04:22 – Lawyer on the Clock00:04:49 – FMLA guidance on snow days and unexpected closures00:10:16 – Remote work and ADA accommodation case update00:17:01 – Coaching misconceptions and modern purpose00:28:44 – Coaching for succession planning and high-potential leaders
Subscribe for weekly workplace insights on HR strategy, leadership development, and employment law updates.
Learn more about becoming a member of AAIM at https://aaimea