This Week at Work: An HR and Employment Law Show

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 

The GREATEST RISK to Your Career

ep212: 
0:12 - What is the greatest risk to your career? The status quo. Sure, there’s a risk to change, but the bigger risk just might be changing nothing. Plus, the new hybrid…workers and their pets, LOL!
Lawyer on the Clock:
 
3:38 - Pregnant Workers Fairness Act, who it affects, and what is required of employers.
 
8:36 - The Federal Trade Commission is cracking down on the use of non-compete clauses for lower level employees. 
 
13:07 - A new amendment in Illinois, going into effect 1/1/2023 provides that there is a mandatory, unpaid, 20 minute meal break for any employee who works for seven and one half continuous hours or longer, which must be provided within the first 5 hours worked.
Philburt’s Phorum: 
 
13:52 - The dog ate my homework! Working with pets
 
The Employer’s Lounge
 
17:32 - Planning and goal setting for the new year: Phil provides his favorite form for this process, which helps break it up into trackable sections and timeframes.
 
22:27 - Poll Results: What do you see as the greatest risk to achieving success in your career?
 
25:03 - Employment numbers have returned to pre-pandemic levels, but even the Fed says they see unemployment rising in 2023.
 
28:15 -  We want to invite everyone to participate on January 12th when we cover the national report of predicted trends of 2023.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins (St. Louis office)
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production

10 MUST-WATCH Clips from This Week at Work

Clip 1 - 0:36 - The challenges of engaging and recognizing employees in a hybrid workforce
 
Clip 2 - 4:40 - The #1 legal issue created with performance reviews: Grade Inflation!
 
Clip 3 - 7:23 - HR professionals are challenged now to manage worker psyche without enabling an open door policy for employees to say and do whatever they want.
 
Clip 4 - 10:52 - Admittedly not the sexiest portion of OSHA law, having your OSHA 300 logs prepared and at the ready is essential to your protection.
 
Clip 5 - 11:57 - HR budgeting all ties back to talent acquisition.
 
Clip 6 - 14:42 - Two things that great leaders all have in common, being resourceful and making decisions.
 
Clip 7 - 15:56 - Do not engage in “career limiting behavior” at office parties
 
Clip 8 - 18:04 - Phil caught in the act? And is there a reliable medical test to determine if someone is under the influence of marijuana?
 
Clip 9 - 21:12 - The objective of proper documentation is to provide reliable information recorded at a time when a dispute or litigation is not yet present.
 
Clip 10 - 24:11 - Burt’s rule of thumb: If you are a supervisory employee, do not be friends with your subordinate employees on social media.
 
Clip 11 - 25:56 - BONUS! Minimum wage adjustments, the Respect for Marriage Act, and the $2.7 TRILLION spending bill
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins (St. Louis office)
 
Guest(s):
Tanya Zion, Strategic Business Consultant and Executive Coach
Melissa Pece, Senior Counsel, Ogletree Deakins
Michael Maciekowich, Astron Solutions
Tom Chibnall, Ogletree Deakins
Jim Plunkett, Shareholder, Ogletree Deakins (Washington D.C. office)
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 
 

Breaking News from D.C.

ep210: 
0:15 - From Lame Duck to New Paddlers: What Employers Can Expect From Congress. Special guest Jim Plunkett, This Week at Work’s Washington D.C. insider, gives us the scoop on efforts from the House Democratic majority prior to handing control over to Republicans, and also what might be the first order of business for the newly sworn in. Plus, we have a little fun at the expense of the office politicians we all know. 
Lawyer on the Clock:
 
4:37 - Minimum wage adjustments, the Respect for Marriage Act, the $2.7 TRILLION spending bill ($13.8 BILLION of which is devoted to the US Department of Labor and $299 MILLION for the NLRB).
 
9:57 - New study from Bloomberg Law suggests substantially weaker job growth in 2022 than official figures suggest.
 
Philburt’s Phorum: 
 
13:52 - 7 office politicians according to Quill.com.
 
The Employer’s Lounge
 
17:30 - Lame Duck: Congress hammers out an agreement to avoid the National Freight Rail strike, the National Defense Authorization Act, and signs point to avoiding a federal government shutdown.
 
24:06 - Current Activity: NLRB very busy with John Ring exiting the board, Bernie Sanders is the new chair of the Senate Health Committee.
 
30:10 - New Paddlers: Republican control means little chance of major labor and employment legislation passing and holding the NLRB’s feet to the fire. If you like political theater, get the popcorn ready!
 
Host(s): 
Burton Garland, Shareholder, Ogletree Deakins (St. Louis office)
 
Guest(s):
Jim Plunkett, Shareholder, Ogletree Deakins (Washington D.C. office)
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production