This Week at Work: An HR and Employment Law Show

Fire that Tweet! HR’s Role in Social Media

ep208: 
0:15 - Today on This Week at Work: What is HR’s Role in Social Media? How far can you stretch online to protect your reputation? Is it your job to sniff out posts of abuse or safety and security concerns? The topic can be overwhelming, but stick around until the end, and if Phil and Burt don’t make you smile, drop us a note and we’ll make it right!
Lawyer on the Clock:
 
4:44 - The Department of Labor has at least 52,644 comments to comb through regarding a new proposed rule on independent contractor classification. 
 
7:40 - National Labor Relations Board news. The NLRB has a new weapon in its arsenal for going after employers and to discourage unfair labor practice charges. Plus, the NLRB also has proposed rule changes that are going to make union organizing a little bit easier.
 
11:35 - News Year, New Laws in Illinois, including expanding the protections afforded under what was called the Child Bereavement Leave Act, and broadening the scope of the Illinois Human Rights Act.
 
Philburt’s Phorum: 
 
16:51 - Fun with social media memes. 
 
The Employer’s Lounge
 
19:15 - Poll results: What is your number one concern related to social media and the workplace?
 
22:45 - Employer rights when it comes to social media.
 
24:33 - Question from Paul: Am I obligated to investigate a questionable post brought to me by an employee about another employee? In other words, what do I want to know versus what I need to know?
 
28:50 - Burt’s rule of thumb: If you are a supervisory employee, a managerial level employee, do not be friends with your subordinate employees on social media.
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins

Bad Documentation Kills: Tips on Proper Employee Documentation

ep208: 
0:15 - Today on This Week at Work: Bad Documentation Kills! Good employment documentation can help you, but bad documentation can end you. Phil and Burt are here for you offering tips and tricks to cover your assets. 
 
Lawyer on the Clock:
 
3:32 - Missouri officially becomes a “Right to Weed” state, but you can’t just walk into a dispensary and purchase marijuana, at least not yet. 
Texas verdict requires Southwest Airlines to pay $4.15 million, and the union another $1.15 million in a religious expression case. 
U.S. Supreme Court hears case 303 Creative v Elenis regarding a website designer challenging Colorado state law that she says would violate her religious beliefs.
 
Philburt’s Phorum: 
 
15:53 - Helping decipher “the code” on performance reviews. What the recorded traits of employees really means. 
 
The Employer’s Lounge
 
19:10 - Burt talks about improper employment documentation and what to watch out for, with the real goal to help you as the employer, manage employee expectations during your quest to make a profit or for non-profits, make a real difference.
 
23:50 - The objective of proper documentation is to provide reliable information recorded at a time when a dispute or litigation is not yet present.
 
29:26 - How should you get the employee’s side of the story when they are accused of wrongdoing?
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins

Managing Workers’ Right to Weed

ep207: 
What does the legalization of marijuana for recreational use mean to you and your workplace? Should you update your policies? Change background check procedures? Anticipate increased workers comp and unemployment claims? Master Sergeant Tyler Jenkins from the Missouri State Highway Patrol revisits the show to share tips on recognizing common signs of being under the influence of weed at work. And as always, we cover all the breaking news you need to know as you manage your business and people.
 
0:15 - Today on This Week at Work.
3:15 - Steamy evidence that perhaps Phil didn’t follow his own suggestions from episode 206 on office parties.
 
Lawyer on the Clock:
 
5:51 - Biden's pick for the top EEOC attorney, Karla Gilbride, gets Senate panel approval. The Senate Health, Labor and Pensions Committee voted to advance the nomination of Jessica Lumen. 
 
9:25 - Burt challenges Federal Reserve Chair Jerome Powell’s claims that the shortfall in labor force participation in the US, mostly due to excess retirements, is going to turn around soon. And the House passed legislation to preempt a nationwide rail shutdown.
 
Philburt’s Phorum: 
 
16:08 - “You’ve Got a Friend in (Weed).” Cheech/Chong, Snoop/Martha, and Elon.
 
The Employer’s Lounge: Holiday Office Party Risk vs. Reward
 
19:00 - Master Sergeant Tyler Jenkins from the Missouri State Highway Patrol joins Phil and Burt to discuss Weed at Work as Missouri passes legislation to legalize the recreational use of marijuana.
 
21:09 - Tips on how to spot workers when under the influence of marijuana (Indicia of Impairment).
 
24:30 - Is there a reliable medical test to determine if someone is under the influence of marijuana?
 
26:15 - Exceptions to the recent change in marijuana law and how to manage the workplace from an employer’s or human resource professional’s perspective.
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Master Sergeant T. R. Jenkins, Drug Recognition Expert with the Missouri State Highway Patrol - Zone 9, St. Charles County
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Holiday Office Parties: Risk vs. Reward

ep206: 
The holiday season is quickly approaching…a time of planning, reflecting and celebrating…and HR is at the center of it all! Concerned that your holiday party might expose you to legal risks? You may be unsure about what legalizing the recreational use of marijuana means to your organization. Heck, have you thought about what to do if employees are high at your office party? Burt joins live from Jerusalem to offer tips on keeping your risk low and your fun “high”. Plus, we cover the breaking news affecting your workplace today.
0:15 - Today on This Week at Work.
2:15 - Burt joins live from Israel.
 
Lawyer on the Clock:
 
7:12 - Weed at work has HR in a buzz, same sex marriage bill passes in the Senate, and the House passes a bill that would nullify some nondisclosure agreements when alleged sexual harassment or assault is involved.
 
Philburt’s Phorum: 
 
15:08 - Funny office holiday party memes.
 
The Employer’s Lounge: Holiday Office Party Risk vs. Reward
 
17:05 - Burt breaks it down the do’s and don’ts to one simple commandment, “Do not engage in career limiting behavior.”
 
21:25 - Poll results show most listeners think the biggest benefit of an office party is to foster conversations between employees who typically don’t interact, and to reward and recognize employees.
 
23:05 - Cautionary tales about gift giving and party games at the office.
 
25:53 - What’s Elon Musk doing with his ultimatum to Twitter employees?
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

No One Dies Today! How to Lead Employees During a Crisis

ep205: 
Crisis is not an event on a calendar, but it doesn't mean you can't plan for it - or that you haven't already.  Special guest Dave Sanderson was on the plane that crashed into the Hudson River, best known as "The Miracle on the Hudson." With no specific training on crisis management, Dave and others stepped up instantly to lead an emergency mission. He joins us and shares the two resources all great leaders have.
 
0:15 - Today on This Week at Work
 
Lawyer on the Clock:
 
3:25 - Results are in (mostly) for the Midterms. Red wave, or red puddle? How things are shaping up for both parties in the Senate and the House of Representatives.
 
6:19 - With Manchin and Sinema still in the Senate, Biden’s agenda is likely to continue in the EEOC, DOL, and NLRB.
 
7:00 - Missouri, not a “Right to Work” state, but is now proudly a “Right to Weed” state. Amendment 3 passes allowing individuals age 21 or older to legally possess, purchase, consume, and cultivate marijuana recreationally beginning December 8th. 
 
Philburt’s Phorum: 
 
11:12 - A list of events that are more likely to happen to you than winning the Powerball, like being injured by a toilet.
 
The Employer’s Lounge: No One Dies Today
 
15:35 - Poll results show most of our audience are only moderately confident in their ability to lead during a crisis.
 
16:15 - Dave Sanderson, survivor of the “Miracle on the Hudson”, tells the story of that day and the days since.
 
24:11 - Two things that great leaders all have in common, being resourceful and making decisions.
 
29:15 - AAIM offers training to help supervisors and managers identify impairment in the workplace.
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Dave Sanderson, Speaker and Author
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

How to Budget for HR in a Recession

ep204: 
Prices are soaring, signs are pointing to a recession, and now you need to budget for staff and programs in a very tight job market.  How do you attract and retain your people? How do you improve their skills? And how do you help keep the financial integrity of your company?   Special guest Mike Maciekowich joins to help with your toughest HR budgeting questions.
 
0:15 - Today on This Week at Work
 
1:32 - One word, many issues, it’s the Tripledemic
 
Lawyer on the Clock:
 
3:57: National day of unity (or division) state election laws http://statelawmaps.ogletree.com, DOL extends deadline to submit comments regarding the independent contractor rule, Department of Labor issues fact sheet 280 on mental health conditions in the FMLA
 
Philburt’s Phorum: 
 
14:29 - Funny HR department memes that we can relate to when budgeting for HR
 
The Employer’s Lounge: How to Budget for HR in a Recession
 
15:45 - Poll results: Talent acquisition is the top response of what HR managers are least confident about planning for
16:40 - Social Security increase to match inflation drives employers to match the increase of 5%, according to the Bureau of Labor Statistics
18:05 - HR budgeting all ties back to talent acquisition
25:10 - HR budgeting also ties into employee wellness and mental health
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Michael Maciekowich, National Director, Astron Solutions
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

OSHA: Ignorance is Not BLISS!

Massive fines, unneeded scrutiny, and NOW, you could be put on public display!
Whether your business has 10 or 10,000 employees, understanding and complying with OSHA reporting and recordkeeping rules could save you tens of thousands of dollars and avoid putting your business in the government's crosshairs. Now OSHA is seeking to make injury and illness records public. Tom Chibnall from Ogletree Deakins joins and shares simple steps you can take to comply with OSHA reporting rules and save your company time, money, and potentially public embarrassment. 
 
0:15 - Today on This Week at Work
 
1:36 - A moment of sympathy for those suffering and affected by the recent school shooting in St Louis
 
Lawyer on the Clock:
 
7:35: New poster requirements for “Know Your Rights”, is available for download from the EEOC website. The midterm elections AKA, “The Day of National Unity”, interactive map with voter laws downloadable from Ogletree Deakins. Department of Labor, DOL, independent contractor rule updates.
 
Philburt’s Phorum: 
 
16:30 - The scariest costume employers are dealing with this Halloween
 
The Employer’s Lounge: Performance Reviews
 
19:05 - Safety minded leadership and culture is the top answer to today’s poll on worker safety and OSHA
22:00 - Does OSHA have an active shooter policy or requirement?
25:40 - OSHA is seeking to make injury and illness records public with massive fines
29:22 - Know your rights when it comes to OSHA
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Shareholder, Ogletree Deakins
 
Guest(s):
Thomas Chibnall, Associate Attorney, Ogletree Deakins
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Psychological Safety: Balancing Worker Psyche, Rights, and Engagement

ep202: 
We welcome excellent guests this week and delve into a term some will not have heard of, but everyone with a job is familiar with. Psychological Safety is another attempt to package the complicated workplace into a simple idea. When it comes down to it, Psychological Safety is a delicate balance between worker psyche, personal rights, and their engagement with the organization.
 
0:15 - Today on This Week at Work
 
Lawyer on the Clock: 
 
3:29 - Melissa Pesce from Ogletree Deakins steps in for Burt to discuss Don’s question about an amendment for union organization change in Illinois, DOL’s attempts to revamp independent contractor text causing confusion, and Amazon rejects unionization 2 to 1 in Albany, NY, while Apple organized in OKC.
 
Philburt’s Phorum: 
 
10:02 - Phil get’s help with his new mantra “be nice to people” from Patrick Swayze’s performance in MGM’s Roadhouse
 
The Employer’s Lounge: Performance Reviews
 
12:20 - What is Psychological Safety?
14:30 - You have to help supervisors learn to create employee engagement
16:56 - Poll results - 67% say a Psychologically Safe workplace is a place where it is okay to fail and share opinions, and it’s a new term to 7%
18:45 - The First Amendment is not a license for employees to say whatever they want
24:18 - Looking through a generational lens and realizing HR professionals are challenged now  to understand worker psyche
29:28 - It starts with your interview process
 
Host(s): 
Phil Brandt, President and CEO of AAIM Employers’ Association
 
Guest(s):
Melissa Pece, Senior Counsel, Ogletree Deakins
Tanya Zion, JD, Strategic Business Consultant and Executive Coach
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Performance Reviews: Now and How?

ep201: 
Phil and Burt discuss why, even now, performance reviews are a must, but they must be done wisely. 
0:15 - Today on This Week at Work
Lawyer on the Clock: 
4:50 - Florida's ban on COVID-19 vaccine passports validated, a Starbucks lawsuit will determine if shareholders or employees can successfully challenge a company's diversity, equity and inclusion policy, and AMEX class action lawsuit weighs in on whether or not white employees are subject to racially discriminatory policies that fostered a hostile work environment
Philburt’s Phorum: 
11:45 - Strippers at Star Garden Topless Bar are voting to unionize
The Employer’s Lounge: Performance Reviews
16:30 - Yes, do Performance Reviews
20:35 - Grade inflation - the number one legal problem with performance reviews
25:45 - Should you share the results of reviews?
26:52 - Poll results - What is the top reason you do performance reviews? 9% say they don’t
Hosts: 
Phil Brandt, President and CEO of AAIM Employers’ Association
Burton Garland, Jr., Shareholder, Ogletree Deakins
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Employees Crave Recognition: Businesses Feed on Culture

ep200: 
What!? 200 episodes? We celebrate our 200th episode by digging deep into what employees are craving with Tanya Zion, Strategic Business Consultant and Executive Coach. Plus, Burt goes over his 6-minute allowance to bring insights into recent news from the NLRB, DOL, and minimum wage increases.
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 
0:16 - Today on This Week at Work
3:08 - Throwback: Tom Chibnall with Ogletree Deakins discussed how to prepare for a visit from OSHA during the pandemic 
4:42 - Throwback: Luther Wright, Jr. with Ogletree Deakins encouraged people to see color, but understand how the words we use land on the receiving end
6:53 - Throwback: Jim Plunkett with Ogletree Deakins reports impending legislation from the front line in Washington D.C.
Lawyer on the Clock: 
7:55 - NLRB revises its mail-in ballot standards, a DOL memo warns of pandemic unemployment insurance fraud, minimum wage increases for federal government contractors, California and New York City require employers to include pay scale in job postings, and Burt closes with Ken and Barbie? 
Philburt’s Phorum:
16:00 - A layoff gone terribly...hysterical?
The Employer’s Lounge with Guest Tanya Zion
19:50 - Throwback: Michael Maciekowich with Astron Solutions explained why sign on bonuses aren’t working and how past tactics are making a return
20:55 - Culture and working from home
25:16 - Employees are craving recognition
28:02 - KPI’s are key to process, people, and communication
Hosts: Phil Brandt, President and CEO of AAIM Employers’ AssociationBurton Garland, Jr., Shareholder, Ogletree Deakins
Guests:
Tanya Zion, Strategic Business Consultant and Executive Coach
Tom Chibnall, Ogletree Deakins
Luther Wright, Jr., Ogletree Deakins
James Plunkett, Ogletree Deakins
Michael Maciekowich, Astron Solutions