This Week at Work: An HR and Employment Law Show

AAIM Leadership Conference TAKEAWAYS

Ep229: 
We recap what will go down as one of the best AAIM Leadership Conferences to date with special guest conference attendee Barry Engelhardt, SHRM-SCP. Barry helped us recap the event which focused on #leadershipdevelopment, #employeeengagement, #employeeretention, #talentmanagement, #corporateculture, and other #hrtrends2023 and #hrstrategies. Plus, get the latest #hrnews affecting your #workplace.
Thanks to all the breakout presenters and keynote speakers Emily Martin, Donnie Campbell (aka the real #tedlasso), and Jack Becker for helping energize our region's workplaces. #beagoldfish
Lawyer on the Clock:
6:05 - The NLRB issued a decision that changes the standards relating to discipline or discharge of workers who cross the line with offensive or abusive conduct while engaging in protected activity under the National Labor Relations Act. This is of interest to both unionized and nonunion employers with the board reversing a 2020 ruling that stated employees do not have a right to engage in harassing or profane conduct toward other employees and toward supervisors and customers.
11:52 - The NLRB also ruled that some employees have the right to wear Black Lives Matter or BLM insignia on their uniforms while at work.
15:23 - A federal judge in Connecticut acquitted six executives in a Department of Justice (DOJ) lawsuit alleging that the defendants conspired together in an illegal no-poach agreement, avoiding criminal actions against six executives.
Philburt’s Phorum:
18:04 - #TWAW, Selfie images of attendees posing on This Week at Work
9th Annual AAIM Leadership Conference Takeaways:
20:50 - Overall thoughts about the conference from attendee, Barry Engelhardt
22:00 - Review of morning keynote speaker, Emily Martin, COO of Guarantee Electrical
24:20 - Notable breakout sessions on leadership and reliability statistics from Lisa Nichols and Kevin Keller, respectively
28:15 - Review of 2nd keynote speaker Donnie Campbell, aka the real Ted Lasso
31:05 - Review of anchor keynote speaker Jack Becker, retired US Navy Super Hornet Combat Pilot and leading process consultant
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Barry Engelhardt, Human Resources Director, SHRM-SCP, Store Supply Warehouse
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production

The Road to I-9 Compliance: Changes Ahead

Ep228: 
We're hearing reports of employers being haunted by the upcoming changes to the I-9 form, which is set to expire on October 31st. The DHS will have it dressed up in time for Halloween, but the big question is, how might it affect your hiring processes in the future?
Tune into This Week at Work as we bring you the latest in Form I-9 compliance.
Lawyer on the Clock:
4:34 - The confirmation of Julie Su for Labor Secretary is underway in Washington. There are a few holdouts, so stay tuned to see if she passes.
8:23 - In California, some Amazon delivery drivers have joined the Teamsters Union, under a tentative agreement, which will be voted on by members over the next couple of weeks. 
11:44 - The EEOC, the DOJ, and the FTC released a statement highlighting their commitment to enforcing existing civil rights and consumer protection laws as they apply to AI in the workforce and hiring process.  
Form I-9 Compliance:
17:54 - The new I-9 form will be released later this year, in a simplified, 1-page version.
20:01 - The virtual inspection process put in place during COVID will become permanent. They are talking about making E-Verify a mandatory piece of that process. 
22:29 - The government is trying to balance out the risk of identity theft with a workforce that is largely fully remote.
29:51 - In the case of a contractor, it is the responsibility of the direct employer, whoever is doing payroll, to complete the I-9.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Jennifer Roeper, Attorney, Ogletree Deakins
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

This Weed at Work

Ep227: 
It’s 4/20, a date that lives in hempfamy… 
What started in the early 70’s as a meetup time for a group of high schoolers to smoke weed, is now a symbol of marijuana merriment. And with more states legalizing recreational use, HR professionals are trying to get their heads around the safety risks, impact on productivity and performance, legal implications, and its effects on employee relations and public image.
Lawyer on the Clock:
8:49 - There is currently a case in front of the supreme court taking up the issue of what employers have to do to accommodate religious requests. 
15:05 - Confirmation hearings are about to begin for Julie Su, the nominee for Labor Secretary, who is a proponent of the California ABC test to determine whether a person is an independent contractor or employee. 
Philburt’s Phorum:
21:03 - Monique is back, celebrating 4/20, and giving Phil and Burt a chance to test their reasonable suspicion skills. 
This Weed at Work:
25:26 - At yesterday’s Reasonable Suspicion program, someone asked, can we designate all of our manufacturing jobs safety critical? Phil and Burt go into detail on how, why, and when a position is safety sensitive.
30:31 - The legalization of marijuana for medical and recreational purposes does not give an employee the right to be at work under the influence of marijuana.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
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TWO SIDES OF THE COIN: HIRING AND LAYOFFS

Ep225: 
What's driving all these layoffs? Could it make hiring easier for you in 2023? And what expectations do top candidates have and how can we meet them? We have Randy Simms with us from Simms Search to help answer these questions.
Philburt’s Phorum:
6:12 - Going viral over the past week, a job posting from a tech company in Texas included a note for the recruiting team asking for only “US citizens (white).” While the posting is legitimate, the company in question is claiming a former employee actually edited the posting to include the discriminatory language. 
Special Guest Ryan Sims
10:09 -  A large part of what we do is research and use data to provide a good benchmark of what’s going on in the market. 
13:42 - Big tech layoffs aren’t necessarily shifting the sales in recruiting because those candidates are quickly snatched up. There’s still more opportunities and openings that companies are struggling to fill. It should be at least another three years before it balances out.
16:49 - Candidates are being much more upfront asking about compensation and remote work. They have more confidence and don’t want to waste anyone’s time if the position isn’t right, as they have multiple opportunities going at once. 
18:00 - Companies that aren’t able to offer a remote or hybrid role are at a disadvantage and losing candidates. 
23:05 - Companies that are staying with their same recruiting practices saying there is a lack of qualified candidates, yet other companies are getting those candidates. Organizations with good competitive compensation strategies are not struggling to bring candidates to them. 
 
Guest(s):
Randy Sims, President, Sims Executive Search
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FROM BUD TO BOSS: LEARNING TO LEAD PEOPLE

Ep225: This Week at Work we talk about how to develop supervisors and managers that perform well as people leaders. We’re joined by special guest Matt Wideman, AAIM’s Business Manager of Training and Development, as we discuss the benefits of providing new leaders the skills and confidence to succeed when transitioning to roles with added responsibilities.
Lawyer on the Clock:
5:06 - The DOJ has taken a renewed interest in what are called no poach cases, where one company agrees with another company not to hire the other’s employees. Specifically looking at wage fixing, which is a violation of the Sherman Antitrust Act.
9:47 - OSHA has adopted a new rule under the Taxpayers First Act that outlines whistleblower protections in regards to testifying about tax violations.
11:45 - The NLRB is now seeking to regulate discussions of race in the workplace, protecting employees from retaliation for having workplace discussions about racism.  
Special Guest Matt Wideman
24:34 - Demand is up for training supervisors. Top skills needed are communication, the ability to coach, and the ability to provide feedback to their teams.
30:00 - Poll results are in: the most important traits supervisors need are being supportive, tenacious, and communicative. Once we have those core basic skills, it’s important to layer on things like delegation skills, the ability to manage change, and dealing with conflict.  
 
Guest(s):
Matt Wideman, Business Manager of Training and OD, AAIM Employers’ Association
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Meet Donnie Campbell, The Real Ted Lasso

Ep224:  Coach Donnie Campbell went from teaching math problems to solving paparazzi problems when award-winning actor Jason Sudeikis revealed on late night TV that the lovable character Ted Lasso and his witty leadership style was inspired by his high school basketball coach, Coach Campbell.
Campbell joined us LIVE on the This Week at Work HR Podcast to touch on this whirlwind experience, share thoughts on the most important characteristics good leaders have, and reveal who inspired him to succeed as a coach and leader!
Lawyer on the Clock:
7:54 – Last week Michigan repealed their Right to Work law for private sector employers. 
12:28 - There has been a decline in private sector unionization in the US over the last 30+ years. 
Special Guest Donnie Campbell 
17 :05 - Coach Campbell is the inspiration for the TV series Ted Lasso, and will also be our keynote speaker at lunchtime at our leadership conference tomorrow. 
22:32 - In leadership, example isn’t the main thing, it’s the whole thing. If you want people to be kind and honest, then you have to be kind and honest.
25:30 - As John Wooden said, doers make mistakes. If you're not doing anything, you're not making any mistakes. 
31:21 - “Every morning, I wake up, looking in the mirror, and I just start laughing.” - Coach Campbell
 
Guest(s):
Coach Donnie Campbell, Keynote Speaker and Inspiration for Ted Lasso on Apple TV+
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Is Cash King? Attracting and Rewarding Mission Critical Workers In 2023

Ep223:  It’s another Mikey Mac attack! Our resident compensation expert will help us discover ways to stand out in the increasingly cautious job market as recession looms. All the while, available jobs still outnumber unemployed workers. What’s an employer to do?
Also, we’ll bring more clarity to the muddled Illinois PTO ruling we shared last week.
Lawyer on the Clock:
5:45 – Further clarified guidance has been released on the NLRB guidance that confidentiality and non-disparagement clauses in severance agreements for section seven employees is illegal. 
9:04 - OSHA has been emphasizing heat-related illnesses in employees whose jobs put them at risk for this. They will also now be prioritizing personal protective equipment and trenching. 
12:16 - We further clarify the new law in Illinois regarding required PTO, which applies to any employee working in Illinois, regardless of where the company is based. The DOL will likely offer further guidance on how this applies to employees working from home in Illinois while assigned to a Missouri or Indiana office. 
Philbert’s Phorum
20:08 - Our trio discusses great trios in popular culture. 
The Employer’s Lounge
23:01 - Guest Michael Maciekowich talks about competitive compensation, the implications of bringing in new people at or above current employees, inflation bonuses, and the disadvantages of clawbacks. Defining mission critical employees, and how to retain them. 
 Host(s): 
Phil Brandt, President & CEO, AAIM Employers’ AssociationBurt Garland, Shareholder, Ogletree Deakins
Guest(s):
Michael Maciekowich - National Director Astron Solutions, LLC
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production

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