This Week at Work

From Process Improvement to Supersonic Success

ep222: 
The 9th Annual AAIM Leadership Conference is coming up, and on today’s program, our keynote speaker, Jack Becker, joins Phil and Burt as we discuss process improvements in your organization.
Jack Becker is the leading speaker on process improvement. After a distinguished career as a combat proven F/A-18 Super Hornet Fighter Pilot, Jack has now merged the aviation skills of Crew Resource Management (CRM) and the Top Gun process to provide Supersonic Success in Business! Jack not only inspires daily improvement, but just like fighter pilots, equips his audiences with the strategy and tactics to get better every day!
Lawyer on the Clock:
4:03 – The job status of gig workers is making the rounds through California courts again, this time related to Proposition 22. The high-stakes results could up-end the gig economy. This becomes relevant in the Midwest because former California Labor Secretary Julie Su has been nominated as the new Secretary of the Department of Labor.
8:26 – Out of the Third Circuit Court of Appeals, it was decided that PTO is not a part of an employee’s salary under the Fair Labor Standards Act.
10:38 – The Illinois Paid Leave for All Workers Act will go into effect January 1, 2024, which will allow most Illinois employees up to 40 hours of paid leave per year for any purpose.
13:57 – North Carolina recently upheld an employee’s termination due to a failed drug test. We have a program coming up at the end of the month, which you can find on AIMMea.org, on investigating impairment in the workplace and providing some good resources as well.
The Employer’s Lounge
19:26 - Jack Becker reviews our poll results on what first comes to mind when discussing process changes, and why it’s important to focus on continuous improvement.
24:07 - Human factors that go into continuously monitoring and improving processes are soft skills that allow the more technical factors to improve.
26:06 - The wingman mentality grows trust and confidence in each other, which allows us all to achieve peak human performance.
 
 Host(s): 
Phil Brandt, President & CEO, AAIM Employers’ AssociationBurt Garland, Shareholder, Ogletree Deakins
Guest(s):
Jack Becker – former combat fighter pilot, process improvement consultant, and keynote speaker at the upcoming AAIM Leadership Conference
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

FLSA: The Wage & Hour Forecast

ep221: 
We continue a conversation that started last week when discussing recent court rulings in the space of wage and hour and exempt/non-exempt status. And just as a meteorologist offers guidance on whether to dig out the umbrella, Phil and Burt offer what’s on their radar when it comes to forecasting the impact of the FLSA. Wouldn’t clear skies ahead be nice?
 
Lawyer on the Clock:
6:24 - Many companies are transitioning from having a difficult time finding employees to doing layoffs, and one thing being seen at many of them is targeting diversity programs first, which is being noticed by the media.
 
11:24 - May 11, 2023 is the day emergency declarations implemented during the COVID-19 pandemic will expire. This means starting July 10, certain things are going to end that affect COBRA. Businesses should consider sending communications to inform participants about the deadline changes. 
 
13:40 - Julie Su has been nominated to lead the Department of Labor, but faces some strong opposition from the International Franchise Association lobby.
 
Philburt’s Phorum: 
16:19 - Have you heard about body doubling for those who work at home? Remote workers are meeting with others on TikTok or Zoom to keep them company while they work. It provides a sense of community and helps them stay on task.  
 
The Employer’s Lounge
22:15 - Poll results: How do you stay up to date on changes to wage and hour laws and regulations? How do you communicate your policies?
 
24:41 - Exempt vs nonexempt for FLSA: DOL fact sheet number 17a covers exemptions for executive, administrative, professional computer, and outside sales employees. And giving an employee a fancy title does not provide exemption, the DOL sees through that.  Fact sheets 17a-17u cover all the details.
 
Host(s): 
Phil Brandt, President & CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Guest(s):
na
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production

Severance Agreements in Spotlight! Are you in the Dark?

On February 21, the NLRB ruled that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act.
 
The decision looks to toss out non-disparagement clauses for non-management employees. Will it hold up in courts? How should employers tread in the meantime? You have questions, Phil and Burt have answers, well, we suppose “that depends”.
 
Lawyer on the Clock:
4:23 - A recent case filed under the Fair Labor Standards Act brings to light how exemptions work in regards to paid overtime. There are many exemptions under this law for salaried employees, but there are limitations employers should be aware of. The results of this case offer a roadmap for employers to comply.
 
11:49 - President Biden has nominated Julie Su as the new Secretary of Labor. She previously led the California Labor and Workforce Development Agency, so we can expect to see many of the labor standards in California brought to the national level. 
 
Philburt’s Phorum: 
14:01 - Genbot the AI guest host, actually named Monique, visits again to plead her case to remain as permanent cast member. Phil shares some vacation photos. 
 
The Employer’s Lounge
18:12  -  Phil and Burt discuss severance agreements, and the big changes coming from the NLRB to what can be included in them and how confidential they can be. Future agreements will likely need to include language about not restricting an employee’s Section 7 rights under the National Labor Relations Act, meaning they have the right to engage in protected activity of discussing terms and conditions of employment with coworkers. 
 
28:45 - Poll results: Most of our listeners have not had an employee sue over a severance agreement. Those who have offered severance mostly offer compensation or stock options and have liability waivers. 
 
Host(s): 
Phil Brandt, President & CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Monique
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Artificial Intelligence is HeRe!

ep219: 
With AI-powered tools like chatbots, predictive analytics, and facial recognition, HR professionals are now able to make data-driven decisions that optimize productivity, reduce bias, and improve overall business outcomes. But those benefits don't come without risks! Burt and special guest Jenn Betts, also a Shareholder at Ogletree Deakins, discuss how AI is transforming your workplace.
 
1:37 - Special guest Jenn Betts joins the show!
 
Lawyer on the Clock:
4:50 - Yesterday, the NLRB came out with a very significant decision that confidentiality non-disparagement provisions are illegal in severance agreements presented to Section 7 employees. The genesis of the case was an employer furloughing employees, presenting them with severance agreements and allegedly not negotiating with the union. While court challenges of this case are expected, what do employers do in the meantime? Do they continue to put confidentiality and nondisclosure or non-disparagement provisions in their severance agreements? Should you talk to your legal counsel about savings clauses and how does the  Section 211 indicia of supervisory responsibility relate?
 
Philburt’s Phorum: 
16:26 - In Phil’s absence, our show is hijacked by JennBot, the show’s number 1 fan, and Burt must talk her down from work domination.
 
The Employer’s Lounge
20:22  - ChatGPT benefits and ChatGPT risks in the workplace.
 
23:47 - Who is using Artificial Intelligence in business and in what ways is AI automating HR processes?
 
25:51 - Legal guidance for AI at work, including an executive order from President Biden regarding artificial intelligence and how the current legislation and guidance is mostly telling employers to give people notice when using these tools.
 
Host(s): 
Burt Garland, Shareholder, Ogletree Deakins
Jenn Betts, Shareholder, Ogletree Deakins
 
Guest(s):
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

When Things Go Wrong: Building Trust in Investigations

ep218: 
As an HR professional, you know that conducting thorough and fair investigations is critical to maintaining a positive work environment, while ensuring that your organization complies with legal requirements. But workplace investigations can be complex, sensitive, and time-consuming, so it's essential to approach them with a clear plan.
Whether you're a seasoned HR pro or just starting in your role, don’t miss this informative and practical discussion on how to navigate the investigation process effectively.
 
Lawyer on the Clock:
6:18 - The FAIR Arbitration Act was signed into law on March 3, 2022, and amended the Federal Arbitration act to make predispute arbitration agreements for sexual harassment and sexual assault claims invalid and unenforceable. Meanwhile in California, a law has been struck down that limited the use of all arbitration agreements in the workplace.
 
13:25 - The DOL released new guidance on telework or remote work under the Fair Labor Standards Act and the FMLA regarding hours worked, meal periods, and breaks. 
 
Philburt’s Phorum: 
18:54 - What’s your walkup song? Here’s ours. Walkup songs for all our HR professionals!
 
The Employer’s Lounge
21:49  - Poll results: Burt and Phil discuss the results about investigations in the workplace. Don’t miss our workplace investigation training next month, which you can join in person or simulcast.

All This Data But No Information

ep217: HR Tech sounds great: applicant tracking, automated processes, quantified feedback... But what's the point? If our points don't connect and draw lines towards better employee experiences and business outcomes. Phil, Bert, and special guest Erin Miley, AAIM’s business manager for member and pre-hire services, discuss what to do with all that fragmented data.
4:10 - What to expect at the Wayfinder Event this Friday, February 10, 2023.
 
Lawyer on the Clock:
6:58 - First up is a COVID-19 related case out of New Jersey involving a restaurant that terminated an employee for quarantining after an exposure to COVID-19 and developing symptoms. This is ongoing, but similar cases are coming.
 
10:11 - Two new laws are coming down the pike. The first is the Pregnant Workers’ Fairness Act, which requires employers to offer reasonable accommodations to employees who are expecting and bars companies from punishing a pregnant worker who seeks an arrangement to help them safely do their job.
 
12:32 - The second is the Pump Act, which expands workplace protections for lactating employees by requiring employers to provide all employees who are nursing with reasonable time and private space to express breastmilk.
 
12:59 - The EEOC announced its enforcement priorities for the next several years. They're really going to be looking at systemic issues and things that are systemwide that impact more people.
 
17:15 - NLRB numbers are out and union membership is now 6.6% of the private sector workforce.
 
Philburt’s Phorum: 
20:57 - Phil places some Superbowl vs. Workplace bets. 
 
The Employer’s Lounge
23:58  - Poll results are in, and expense management is by far the application most of our viewers would exclude from a suite of HR applications. 
 
24:53 - Erin Miley discusses using an integrated HR solution, which connects various platforms together to create a streamlined process of flow of information, and what we need to consider about the tools that we're using as far as collecting, storing, and retaining data. 
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Erin Miley, AAIM Business Manager, Member & Pre-Hire Services
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production

Navigating Your Way to the Right Talent

ep216: Today we talk about sourcing. The perfect fit for your opening is out there, but every wrong turn wastes time, burns resources, and increases your chances of getting lost along the way. Kris Gfell, HR Business Manager at AAIM, joins us to offer insights into what methods our HR by the Hour team is implementing to successfully source talent. Plus, Burt's back and he’ll let us peek inside his briefcase which is full of breaking news in employment law.
 
Lawyer on the Clock:
5:59 - In Illinois, the Paid Leave for All Workers Act goes into effect January 1, 2024, which gives employees up to 40 hours of paid leave during the 12 month period that they can take for any reason.
09:49 - OSHA has announced a very aggressive plan to address employer workplace safety in 2023, making it easier to issue citations for individual situations.
12:45 - Congress is easing criminal offense restrictions for employment with financial institutions. 
13:51 - There is a case in front of the Supreme Court right now regarding religious accommodations.
 
Philburt’s Phorum: 
18:09 - Let’s play Hired or Not Hired!
 
The Employer’s Lounge
22:54 - What is the biggest problem recruiters face?
24:21 - The population growth in those in the 15 to 64 age group has flattened since 2020, and that’s going to continue.
25:17 - Sourcing is going out and finding candidates, rather than just posting and hoping to get candidates. 
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Kris Gfell, AAIM HR Business Manager
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Does Your Data Work for You?

ep215: Data is power, and that kind of power needs to be driven by your “WHY”. Tanya Zion provides real examples to show how simple questions can lead to meaningful change. Plus, Tom Chibnall goes deeper into the impact data can have on difficult decisions like the mass layoffs we're seeing in the tech industry.
 
Lawyer on the Clock:
6:11 - Adverse impact analysis - With mass layoffs at big employers like Microsoft and Salesforce, we’re reminded to evaluate the risks involved with workforce reductions, like unintended bias.
 
Philburt’s Phorum: 
15:46 - A funny look at intuition vs. data.
 
The Employer’s Lounge
18:04 - How do you get the CEO to listen to the data? Make sure your “Why” is the driving force.
22:00 - When management says, “We communicate effectively, but the employees just don’t care.”
24:32 - Poll results - How likely would an employee at your organization be able to accurately state their contribution to the strategic mission?
26:00 - The importance of training supervisors, closing the loop, and asking the right questions.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Tom Chibnall, Associate Attorney, Ogletree Deakins
 
Guest(s):
Tanya Zion, Senior HR Consultant
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

People Analytics: From Data to Decisions

ep214: We bring insights into people analytics and opportunities to back up your decisions with metrics. At the same time, we discuss the EEOC's plan to target employers using AI to make employment decisions.
 
Lawyer on the Clock:
4:17 - The EEOC released its 2023 Strategic Enforcement Plan and specifically targets artificial intelligence programs that are designed to help the recruitment, hiring, and promotion processes of personnel decisions. It is your responsibility to unearth any inherent bias in your processes, even if provided by a vendor.
10:28 - Next week we’ll get into large group layoffs and using the right data to help defend personnel decisions.
 
Philburt’s Phorum: 
12:57 - Fun with data no matter which side of the analytics fence you’re on.
 
The Employer’s Lounge
15:53 - Do you use people analytics in your organization?
18:49 - The importance of asking, “Why?”, to get the best results.
20:33 - The risks and opportunities of people analytics.
26:40 - Real world examples of people analytics.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Tom Chibnall, Associate Attorney, Ogletree Deakins
 
Guest(s):
Tanya Zion, Senior HR Consultant
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Set Your Successes to Loop

ep213: 
0:15 - Meet Jack Becker, US Navy Fighter Pilot and one of our featured keynote speakers presenting at our 9th Annual AAIM Leadership Conference. He shares valuable insights on how to repeat success, not failure. Plus Tom Chibnall fills in for Burt as the Lawyer on the Clock to cover the FTC's recent non-compete announcement.
 
Lawyer on the Clock:
 
4:14 - The Federal Trade Commission (FTC) released a statement saying it was going to issue a formal notice to essentially ban non-competes. This is currently in the rulemaking process, when the agency hears from the public.
 
8:40 - Disney CEO Bob Iger issues a return to office decree to employees.
 
11:33 - Back to non-compete news. Expect Lawsuits.
 
Philburt’s Phorum: 
 
13:48 - Examples of the 4 Types of Humor. Which are the right ones and wrong ones for the office?
 
The Employer’s Lounge
 
17:44 - Poll results: Sports Coach gets the most votes of confidence to be a great leader.
 
19:30 - Meet our mystery guest, Jack Becker.
 
23:10 - Jack takes audiences on a mission to repeat your successes and not repeat your failures by learning from your wingmen through debriefing.
 
25:43 - The Top Gun process that Jack brings to his engagements - brief, execute, debrief.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Tom Chibnall, Associate Attorney, Ogletree Deakins
 
Guest(s):
Jack Becker, Former US Navy Fighter Pilot and Keynote Speaker at the 9th Annual AAIM Leadership Conference on May 3rd
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production