Cybersecurity has long been viewed as a “tech” issue that only concerns a company’s IT department. Not anymore! In this episode, Ron Sarian, Chair of Constangy's Digital Workplace & Data Privacy Practice Group, shares his unique background in handling cybersecurity issues as both in-house and now outside counsel, discusses emerging threats to businesses of all sizes in this area, and explains how cybersecurity requires management from different departments within a business – even Human Resources - to work together cohesively.

Cybersecurity has long been viewed as a “tech” issue that only concerns a company’s IT department. Not anymore! In this episode, Ron Sarian, Chair of Constangy's Digital Workplace & Data Privacy Practice Group, shares his unique background in handling cybersecurity issues as both in-house and now outside counsel, discusses emerging threats to businesses of all sizes in this area, and explains how cybersecurity requires management from different departments within a business – even Human Resources - to work together cohesively.

In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade secret law. The first part focuses on the trade secret law basics, while the second part looks at best practices for trade secret protection and unfair competition prevention. You will find this Trade Secret Two-Step from our Dallas subject matter expert to be both helpful and informative.

In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade secret law. The first part focuses on the trade secret law basics, while the second part looks at best practices for trade secret protection and unfair competition prevention. You will find this Trade Secret Two-Step from our Dallas subject matter expert to be both helpful and informative.

This is a two-part series where we are doing a deep dive into noncompete agreements and traps for the unwary. Noncompete agreements have a reputation for being technical, but what is it exactly that makes them so tricky? Join host Bill McMahon and guest Ken Carlson as they cover the most common drafting and enforcement traps with noncompete agreements and the best ways to avoid them.

Immigration Law has a reputation for being something only multinational companies are concerned with, but is that true? How can companies use immigration law to identify the best talent for their organizations? Join host Bill McMahon and guest Piyumi Samaratunga as they break down what immigration law is really about and how it is more accessible than it may seem at first glance.

Can business be a force for good? What happens when you have a noble purpose, put people at the center, embrace all stakeholders, treat profit as an outcome, and push your suppliers, vendors and partners to embrace key values along the way? Join Susan Bassford Wilson and guests Piyumi Samaratunga and Hubert Joly for this enlightening discussion. Piyumi is co-chair of  Constangy's Immigration Practice, Partner and head of Constangy’s Minneapolis office. Hubert is former Chairman and CEO of Best Buy credited with the company’s overwhelmingly successful transformation and sustained success, Additionally, he is the author of The Heart of Business – Leadership Principles for the Next Era of Capitalism, which was published on May 4th by Harvard Business Review Press and can be ordered via Hubertjoly.org. Hubert is currently a Senior Lecturer at Harvard Business School, where he teaches on issues of business transformation, corporate sustainability, and diversity, equity and inclusion. In this Podcast, Susan, Piyumi, and Hubert discuss the importance of embracing a new set of people-centric principles for this new post COVID19 era in business.

Can employers mandate COVID-19 vaccinations? Should they? Do employees’ sincerely held religious or moral beliefs alter that analysis? What about employees’ pre-existing medical conditions or pregnancy? How should employers communicate with employees about vaccinations? What litigation can employers expect related to COVID-19? Join Susan Bassford Wilson and Guest Jon Yarbrough for a discussion of your vital vaccination questions!

Should every employee sign an arbitration agreement? When are non-competition and non-solicitation agreements appropriate? Do you really need to hire an employment lawyer to respond to a charge of discrimination or wage claim? Are annual performance reviews on the way out the door? Join us as we talk through more scenarios where reasonable minds and reasonable companies can differ!   

What the best progressive discipline plan? Is unlimited PTO a good or a bad idea? What should your handbook cover? Is teleworking great or grim? What’s the best legal TV show of all time? Join us as we talk through scenarios where reasonable minds and reasonable companies can differ!

Join us as we count down and recap some of the big developments in 2020, impart some critical public service announcements, and share a few predictions about what 2021 may hold for employers! 

By a show of hands: Ever sent an email you immediately regretted? Ever seen something at work that you wished you could unsee?

Holding the company holiday party in an adult venue – yes or no? How can we serve booze while minimizing risk? What reasonable religious accommodations might be available to an employee under Title VII?

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act?  When do political social media posts or comments cross the line? Is buying voters booze a valid campaign strategy? Join us for a discussion of these burning questions!

Is asking about applicant arrests or convictions a good practice? Should you grade an applicant based on his or her hairstyle during the interview? What does the Fair Credit Reporting Act require of employers running a third-party background check? 

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating medical marijuana use.  

Is it discriminatory to discipline employees for wearing #BLM face masks?  When does Supervisor Karen cross the line from rude into discrimination?  And join us to count down the top eight things you should never, ever say in the workplace – particularly to a pregnant woman.  Spoiler alert: Animal-related comparisons are rarely welcome.    

COVID-19 forced many companies to quickly jump into the realm of teleworking or to drastically expand existing programs. What policies should employers institute and enforce to discourage off-the-clock work? Do employers need to reimburse remote workers for reasonable business expenses like cell phones and internet? When is teleworking a reasonable accommodation? And how many times should you check that the video is turned off before taking your Zoom meeting into the bathroom?

Does size matter? Should your handbook cover underwear and love notes? Does using a random handbook you found online create problems? This episode delves into the good, the bad, and the ugly of employee handbooks.

So far in 2020, COVID-19 has forced businesses to do everything from redesigning their facilities to taking the temperature of every employee on a daily basis, and from furloughing the workforce to shutting down the workplace entirely. But where are we now? Listen for a discussion of updated FFCRA regulations, changing CDC and OSHA recommendations, the advisability of mandatory vaccines and employee waivers, and the comic stages of COVID-19.   

In this podcast, we examine examples from popular TV shows like NCIS, Gilmore Girls, and The Office to find the good, the bad, and the ugly of employment law on TV.  Warning: May contain content that is painful to human resources professionals and employment lawyers.

Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative social media publicity? Join us as we discuss everything from the First Amendment to The Princess Bride.

Do you want to get sued by your employees? Probably not. If you’ve ever pondered what steps you can take to reduce your company’s legal exposure, then this episode is for you. Join us as we discuss six practical tips that you can put into effect immediately at your company. You will thank us later!

Game show fans everywhere will love “Work & Play,” the newest Fair Labor Standards Act game show to hit the air! We laugh, we answer common questions related to exempt and non-exempt employees, and we reminisce about ‘80s music. What’s not to love? Join our *imaginary* live studio audience and learn how you can ask Cherie to sing on the podcast!

How should you handle the Mouthy Blogger? What’s the best approach for Body Odor Bobby? How do you keep up with all of Sensitive Sally’s complaints? Dedicated to our friends in human resources, this episode talks about some of the difficult personalities and situations that HR professionals may encounter, the potential employment law risks for each, and practical solutions worth exploring. 

What legalities and logistics do companies need to consider when returning employees to the physical workplace in a post-coronavirus world? Listen in for practical tips about minimizing your company’s potential liability, hypotheticals in the state of Disbelief, advice on COVID-19 testing, and nominations for the best coronavirus meme.

What is the Illinois Biometric Information Privacy Act, and what does it mean for employers? And, because we can’t seem avoid discussing COVID-19 right now, practical tips for managing data security (like requiring passwords other than “password” or “Fluffy”) while working remotely.     

As state, federal, and international laws protecting consumer data multiply, employers need to know about the applicable restrictions and obligations related to employee data. Part 1 of this miniseries will cover the Stored Communications Act and the California Consumer Privacy Act, as well as touching briefly on the European Union’s General Data Protection Regulation.

Fact is often stranger than fiction. The last episode covered the logistics of the Family and Medical Leave Act – who, what, when, and how long – while this episode will discuss real cases in which employers faced some challenging (and sometimes funny) situations.

What does the Families First Coronavirus Response Act mean to employers?  What federal agencies have issued guidance?  Are there state- and locale-specific orders in place related to the coronavirus?  Finally, what do employers need to know in order to furlough employees, reduce employee hours, or lay off employees? 

Can an employer take an employee’s temperature at work? Would an employee with coronavirus qualify for leave under the Family and Medical Leave Act? If companies prevent employees from working at the office and require them to work from home, do employers have to pay any employees who are unable to work from home?  (Recorded on March 13, 2020.)

Navigating the intricacies of the Family and Medical Leave Act can be daunting.  Who is an eligible employee and an eligible employer?  How long does FMLA leave last?  What does intermittent FMLA mean?  How can you take steps to ensure that FMLA leave is being used appropriately?     

The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist?  After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are legal traps that businesses should be aware of and precautions they can take to minimize their liability.

In the #MeToo era, accusations of workplace misconduct must be taken seriously and investigated thoroughly. A good investigation can result in effective resolution of a harassment complaint, winning an unemployment claim, and even a successful defense of a discrimination charge or wrongful termination lawsuit.  On the other hand, a bad investigation can have the opposite effect. 

Our increasingly connected world presents tremendous opportunities for employers as well as considerable confusion and risk. Should you Google a job applicant?  Allowing employees to use their own mobile devices for work (BYOD) has its benefits, but how can employers mitigate the risks to company data that it presents? Likewise, what can employers do to curb concerns presented by social media?