This Week at Work

HR Ready for AI at Work?

Ep236: 
There's no debate that Artificial Intelligence is impacting Human Resources. However, while some fear we’re on a reckless path towards an Extinction-Level event, we’re going to slow it down, take a breath, narrow our focus, and concentrate first on avoiding a Career-Ending event. Back by popular demand is Jenn Betts, an expert in the impact of technology in the workplace. We discuss what AI tools are being embraced, what legal snags to consider, and what's already in the works when it comes to legislation.
Lawyer on the Clock:
3:29 - The senate Chambers Health, Education, Labor and Pensions Committee advanced legislation to overhaul labor laws governing unionization, paid sick leave, and wage discrimination. 
10:25 - Employees at the Afton Starbucks in St. Louis have petitioned with the Service Employees International Union to organize. 
Philburt’s Phorum:
13:23 - Fun with AI apps that make Phil and Burt sing and dance.
The Employers’ Lounge: Is HR Ready for AI at Work?
16:47 - There is an interesting gap in what different people and organizations consider Artificial Intelligence when reporting on if they use it in their HR processes. It can be as simple as a chat bot. 
23:16 - The EEOC has concerns about disparate impacts when using these technologies in the hiring process, and has issued some guidance. 
27:05 - New York City has a blockbuster law, which is the first to place detailed, robust requirements related to employer use of AI in the workplace. 
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Jenn Betts, Office Managing Shareholder, Co-Chair of Technology Practice Group - Ogletree Deakins
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Congress at Work in 2023: First-Half Report, Second-Half Predictions

Ep235: Today, we welcomed back our Washington D.C. insider Jim Plunkett, Shareholder and Senior Government Relations Counsel at Ogletree Deakins to connect the dots between regulation news and your organization.
Lawyer on the Clock:
5:11 - Starbucks has been hit with a $26 million verdict in discrimination case.
8:45 - NLRB has revived an Obama-era standard for looking at who is an employee versus an independent contractor.
11:29 - Congress is considering extending legislation that excludes sexual harassment from arbitration agreements to discrimination claims. 
Philburt’s Phorum:
15:18 - It’s tough to share a name with a celebrity!
The Employers’ Lounge: Congress at Work
16:48 - Jim Plunkett discusses current and upcoming legislation that may affect your workplace, including affirmative action, arbitration, independent contractors, and child labor. 
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Jim Plunkett, Shareholder and Senior Government Relations Counsel, Ogletree Deakins
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 
 

The State of HR: Insights from over 1,000 Key Decision-Makers

Ep234: We know your workplace has its own special brew of challenges and opportunities, but like you, we also understand the value of knowing what others in your position have in their mug! 
With that in mind, we're excited to bring you insights from Ogletree Deakins' freshly tabulated benchmarking survey with responses from nearly 1,100 in-house counsel and key decision-makers. And to present the findings is Jim McGrew from Ogletree Deakins. In his role, Jim is constantly talking with business professionals trying to succeed in the same arena as you. Having also served as in-house legal counsel and as director of human resources for Chef Emeril, he's the guy to lean on when translating tallies to the workplace.
Lawyer on the Clock:
5:30 - The Pump Act guidance has been issued by the DOL. 
9:30 - A Supreme Court ruling will allow employers to sue unions for damages under certain circumstances for damages incurred during a strike, but it was in a very specific case.
11:22 - The Ninth Circuit Court on the West Coast issued a decision that said sexually demeaning and violent language in rap music may sustain a sexual harassment complaint.
Philburt’s Phorum:
15:16 - Express lanes, vegetarians, and dog lovers.
The Employers’ Lounge: The State of HR
17:46 -  Jim McGrew discusses the results of the Ogletree Deakins’ benchmarking survey, including hiring and retention, multijurisdictional compliance, and remote work.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
James M. McGrew, Chief Client Services Officer, Ogletree Deakins
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

Workplace Stress: Wellness Rules

Ep233: Like a balloon filling up with air to the point it explodes, your workforce just might be filling up with stress. So how can employers prevent employees from blowing up? Good question.
To help with answers, we welcome Dr. Cathy Daus, Professor at SIUE, and an expert in stress management and emotional intelligence. Police organizations, hospitals, and AAIM members alike look to her for guidance when it comes to improving wellness and enjoying the positive results that follow.
 
Lawyer on the Clock:
4:04 - The NLRB’s General Counsel, Jennifer Abruzzo, has issued a memorandum that non-compete agreements in employment contracts and severance agreements violate the NLRA except in limited circumstances. This does not cover management, and does not stray from advice or recommendations that non-compete really should be narrowly tailored to those employees who really can impact or hurt the organization just simply by leaving to go to a competitor. 
7:30 - The nomination of Julie Su to Secretary of Labor is currently held up in congress. 
8:42 - The EEOC has announced it will be cracking down on the construction industry for anti-bias enforcement, particularly as it relates to gender and race. 
9:16 - The NLRB, Division 14 in Missouri has concluded that workers at a Missouri cannabis dispensary can move forward with unionization without including two other stores because they are categorized as a health care employer under the MO Department of Health and Senior Services. 
Philburt’s Phorum:
13:01 - An empty test email was accidentally sent out to the HBO Max mailing list by an intern. The people of the internet responded with the biggest (and most amusing) mistakes they had made in their careers. 
The Employers’ Lounge: Workplace Stress
16:40 -  Dr. Cathy Daus, Professor at SIUE, and an expert in stress management and emotional intelligence, joins the program to discuss stress, and provide tips on emotional management and stress response in the workplace. 
23:33 - Workers in the US have been stressed for many decades, and we have seen the trend increase over time.
25:19 - One of the biggest, most consistent buffers for stress is social support.
28:50 - People bring themselves into the workplace, and all aspects of themselves need to be nurtured and supported. 
32:37 - It is unsurprising that micromanagement came up as one of the biggest stressors in our poll. Being micromanaged makes people feel like they don’t have control. 
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Dr. Cathy Daus, Professor and Director of the I/O Psychology Program at SIUE, and Trainer at AAIM
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production

Pay Equity and Transparency

Ep232: Our friend and compensation aficionado Michael Maciekowich joins the program to offer insights into Pay Equity and Pay Transparency.
Is your organization conducting pay equity audits? How much of the results should be shared with the staff? And how can you make pay transparency part of your compensation strategy? All this and more on This Week at Work.
Lawyer on the Clock:
6:11 - A new law was signed last year to begin the middle of this year called the Pump Act: Provide Urgent Material Protections for Nursing Mothers Act. Here’s a link to the updated DOL poster: Fact Sheet #73: Break Time for Nursing Mothers under the FLSA | U.S. Department of Labor (dol.gov)
8:15 - The EEOC has issued new guidance on employer use of artificial intelligence, and making sure AI does inadvertently discriminate. 
13:14 - The Eighth Circuit Court issued a ruling regarding ADA accommodations as it relates to service animals.
Philburt’s Phorum:
15:55 - Monique surprises us with a less-than-compelling argument on why she can be used for unbiased recruiting… and become a cohost. You’ll have to watch to see if Phil and Bert are swayed. 
The Employers’ Lounge
19:56 - As pay transparency laws are going into effect, if you haven’t already been transparent with your ranges, it’s time to really look at if you have issues with pay equity. Are your pay ranges based on performance or experience or other factors? 
24:33 - If you do find any discrepancies in your pay structure, it’s best to work with your labor attorney who will work with us to immediately start a more detailed audit and provide a report.
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Michael Maciekowich, National Director, Astron Solutions
 
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production 

How to Earn Employees for Life with Julio Govreau of LaunchCode

Ep231: In an AAIM Member Spotlight, we ask Julio Govreau of LaunchCode how he has built such an engaged and purpose-driven workforce on his way to being recognized by St. Louis Business Journal as a 2023 HR Award Honoree. 
Lawyer on the Clock:
2:55 - A new salary range disclosure law will go into effect January 2025 in Illinois, similar to those recently enacted in New York and California, among others. Illinois employers will need to include salary ranges in their job advertisements. 
6:19 - EEOC is taking the lead in governmental agencies on the use of AI. 
Philburt’s Phorum:
12:42 - It’s not what you say… it’s how you say it. 
AAIM Member Spotlight: Julio Govreau with LaunchCode
14:33 - Julio Govreau is the Vice President of People Operations at LaunchCode, where they provide free technical training for individuals with the passion, drive, and aptitude to launch a career in IT. 
18:23 - Coming out of the pandemic, there are many challenges regarding anxiety and stress. We try to be cognizant of supporting not just professionals, but the individual as a whole. 
24:31 - One of the things that came out of our employee opinion survey was that we wanted to continue to be very transparent throughout our organization. We make sure employees know what leadership is talking about.
27:00 - A focus going forward in a competitive market is making sure our employees are reskilling or upskilling. 
 
Host(s): 
Phil Brandt, President and CEO, AAIM Employers’ Association
Burt Garland, Shareholder, Ogletree Deakins
 
Special Guest(s): 
Julio Govreau, Vice President of People Operations, LaunchCode

Know This Before Disciplining Abusive Employees

Ep230: 
The #nlrb has changed the protections employees have when engaging in abusive or profane behavior. Every employer, both #union and #nonunion, needs to know the standards they'll be judged on when determining if #discipline or #discharge is warranted.
Lawyer on the Clock:
8:27 - The Supreme Court has agreed to hear a case to reconsider the case of Chevron vs. National Research Resources which could change the power of federal regulatory agencies. 
16:33 - The proposed FTC rule which would ban most non-compete clauses. Voting on this has been deferred until next year. 
New Standards Developments from the NLRB:
27:57 - Almost every employee (non-managerial/non-supervisory) has Section 7 rights under the NLRA, and under this new ruling, it applies even in cases of employees engaging in profane or abusive conduct. 
 
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 

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
Powered by AAIM Employers’ Association and Ogletree Deakins, a Feature Group USA production