This Week at Work

This Week At Work invites you to a captivating event featuring Dee Ann Turner, a renowned 3-time best-selling author, international speaker, and former VP of Talent at Chick-fil-A. Join us as she shares her expertise on the "3 Verified Demands from Today’s Top Talent."

In this enlightening session, Dee Ann Turner will delve into the core desires of today's top talent, particularly the Generation Z workforce. Highlighting the essentials of remarkable workplace culture, the significance of contributing to a larger purpose, and the value of leadership development, Turner will provide invaluable insights based on her extensive experience.

Don't miss this opportunity to gain valuable insights into unlocking the full potential of your organization by meeting the demands of today's top talent.

Discover the surprises hidden within the findings as Phil Brandt guides us through key takeaways from the 2024 National Business Trends Survey. This comprehensive survey engaged 1049 organizations across the U.S., resulting in a detailed 1,234-page report that breaks down national, regional, and state workforce data. Gain valuable insights into the business outlook on the economy, recruiting strategies, retention practices, and more!

Two esteemed guests join Phil in this enlightening discussion: Michael Maciekowich, a renowned compensation expert and National Director at Astron Solutions, and an AAIM Senior Compensation Analyst/Consultant. Additionally, we are honored to have Tanya Zion, J.D., AAIM Business Manager for Engagement Services, an expert in employee engagement.

Kris Gfell joins us today to report “The Top Concerns from AAIM Members, and What’s Working for Them”.

6:08 - Lawyer on the Clock: Where did union membership numbers end up in 2023? Burt has the latest statistics from the Bureau of Labor Statistics.

8:44 - Ban the box, or clean slate laws are starting to pop up in a few states, outlawing asking if a person has ever been convicted of a felony on job applications.

14:27 - Wage transparency and equal pay laws are also becoming more common across the country. Many employers are considering introducing transparency rules regardless of what state they are hiring in.

17:32 - In 1966 Time Magazine ran an article predicting the future of work... how much did they get right?

21:00 - Kris Gfell, Business Manager, HR Services for AAIM Employers' Association joins the show to discuss the top concerns of AAIM members.

25:59 - Recruiting is a lifeline for an organization. How do we spend our time knowing we have to bring in people to keep the business open and going forward?

29:53 - A common, often silent concern among HR teams is the inability to say "I can't do that" or "I need help."

31:37 - Nobody can be an expert in everything.

Phil & Burt’s guest this week is Jeff Harry, keynote speaker, Positive Psychology Play coach, and consultant at Rediscover Your Play. Jeff discusses how organizations can address their biggest challenges by embracing a play-oriented approach to work.

Harry has presented at multiple SHRM conferences and has worked with companies to infuse more play into the day-to-day. Over the past 15 years of facilitation and speaking, Jeff's main goal has been to help work suck less by assisting leaders in building a playground workplace atmosphere that motivates their staff to do their most vibrant work.

Phil & Burt are back and excited for another great year ahead!

In this episode, Phil and Burt will look ahead at compliance updates for 2024. Plus, they will share a checklist of monthly tasks to complete to ensure you stay on track.

This Week At Work episode highlights CL Smith's HR Director, Doug Kremer. Doug has navigated the challenges of people management, weathered the storms of COVID-19, and successfully adapted to ownership changes. His insights and experiences mirror those many of us face in our professional journeys.

Doug believes it's not just about knowing it all but having the right resources to accomplish it all. Join us as he shares his perspectives and strategies for overcoming workplace challenges.

But that's not all! We are excited to welcome Tanya Zion, stepping in for Burt, who's filling in for Phil. Tanya is one of the invaluable resources Doug has depended on, and she'll provide unique insights and perspectives during what promises to be the fastest 30 minutes at the office.

Don't miss this opportunity to gain valuable insights, connect with fellow professionals, and celebrate the accomplishments of CL Smith and Doug Kremer.

Over the years, the employment terrain has undergone significant shifts, prompting businesses to grapple with the vital question of attracting and retaining quality employees. We are honored to host Paige Arnold, the esteemed Senior HR Business Partner at Liberty Steel in this episode. Paige, renowned for her dedication to enhancing employee experiences through compassionate and humble service, will share invaluable insights on how businesses can effectively identify and address retention and engagement issues.

Get ready to explore the dynamics of the contemporary workforce and discover actionable solutions to the pressing challenges of retention and engagement. Your seat awaits – don't miss out on this enlightening episode!

In this episode of "This Week at Work," Phil Brandt, the president and CEO of AEM Employers Association, discusses the latest developments in the workplace. The episode highlights the importance of staying updated on payroll tax and fringe benefits and features Amanda Dusseld, a CPA and instructor who shares her expertise in this area. The episode also includes a "Lawyer on the Clock" segment delves into the intersection of unions and AI in the workplace.

For over 50 years, 9-1-1 has been the backbone for Americans during tough times. But here's the kicker – it's not federally funded! This week, Jason Nettles, the maestro behind Central County Emergency 911, joins us to bust myths, tackle challenges, and shine a light on the real MVPs behind the emergency hotline.

Plus, we're spotlighting simple yet powerful moves that can redefine your workplace vibes. From epic celebrations to schedules that fit like a glove, discover the magic of creating a workspace that radiates positivity and breeds success.

This week on "This Week at Work" we delve into the challenging landscape of workplace conflicts and their solutions. Join us as we unlock the secrets to fostering growth in organizations with our special guest, Tanya Zion.

In this week’s episode, we're excited to bring you some critical updates that will directly influence the work environment and safety protocols. An intriguing development on the horizon is OSHA's recent proposal for a new rule, potentially reshaping the way businesses prepare for workplace inspections if union representation is allowed. Tom Chibnall, Associate Attorney at Ogletree Deakins, joins us to discuss what this and other OSHA news means for employers.

In this episode of This Week at Work, host Phil Brandt is joined by special guest Michael Maciekowicz, a compensation expert. They discuss the mysteries of wage increases, pay band adjustments, and pay equity, offering practical insights for employers. The episode also features a surprise appearance by producer Nick’s daughter and some light-hearted banter. Tune in to better understand crucial workplace dynamics as we approach Halloween and the new year.

Ep254

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Burt Garland, Shareholder, Ogletree Deakins

Special Guest(s):

Michael Maciekowicz

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

Get Ready for a Political Rollercoaster Ride!

D.C.'s Chaos Meets Your Cubicle - A "Hot Mess in the House"

Buckle up, folks! In our next episode of "This Week at Work," we're diving deep into the whirlwind of D.C. politics, and the chaos is spilling over into your workspace!

But what's in it for you? We're breaking down the impact of these political fireworks on your daily grind. From federal funding to global matters, we're decoding how the nation's capital influences your professional life.

Join us as we unravel the intricacies of this political hot mess. It's a must-listen for anyone navigating the intersection of work and politics. Don't miss out – it's gonna be a wild ride! ️ #ThisWeekAtWork #DCPolicyShifts #HotMessInTheHouse

Traps to Avoid When Updating Your Employee Handbook

📚 Is your employee handbook up to date? Discover why it matters in our latest episode of #ThisWeekattWork with special guest Christine Crews.

We're diving deep into 2023 employment law changes, including accommodating pregnant employees, dissecting NLRB updates, and much more!

Get the inside scoop on keeping your workplace compliant and thriving. It's time to level up in the ever-evolving world of work - don't miss out! 🔥💼 #WorkplaceCompliance #EmployeeHandbookRevamp #TWAW2023

From the glitz of Hollywood to the veins of transportation, the pervasive influence of Artificial Intelligence is undeniable. Yet, it's not merely a contentious buzzword. Artificial Intelligence is reshaping the contemporary business landscape and holds the power to revolutionize the way we work, create, and innovate. However, achieving successful A.I. integration is the key to unlocking its full potential.

This week, we are honored to have Ryan Kohler as our distinguished guest, a visionary entrepreneur who has spearheaded a revolution in the hiring and recruiting industry. As the CEO of Refer.io, the mastermind behind ApplicantPro, and the driving force propelling GPT4Work, Ryan's unwavering enthusiasm for A.I.'s potential is palpable.

Join us on "This Week at Work" as Ryan shares his profound insights, effective strategies, and actionable steps for seamlessly integrating generative AI into your teams. He'll encapsulate this transformative journey in what he calls the "3 P's": Policies, Priorities, and Practicality. Discover how A.I. can be harnessed to optimize your organization's future success.

Today, the fight for good people continues to be fierce. After that first battle is won and a new recruit joins the team, the journey to deliver on the promises you made to earn that commitment begins. The question is how intentional are you about the direction that journey will go? Our guest might say your answer to that question is a good indicator of how effective of a leader you'll be. Andrew Adeniyi, CEO and Founder of AAA Solutions, is a figure creating buzz across the country with his talks on culture, talent and leadership.

Our special guest this week is Kevin Keller. Keller is a professional statistician and quality professional with over 30 years of experience teaching, coaching, and leading Lean Six Sigma project teams from the shop floor to the enterprise levels. He has spent his entire career in consumer goods and technology sectors. He is going to revisit his breakout session topic from the AAIM Leadership Conference in May, “Using Reliability Statistics to Predict Employee Tenure and Attrition.”

Don't miss out on this groundbreaking conversation that promises to reshape the HR landscape. Get ready to ignite your curiosity only on #TWAW!

Our Guest today is Frederick G. Falker, an entrepreneur, a visionary, and a thought leader who has not only revolutionized the way we think about business but has also dedicated his life to empowering others to achieve their full potential.

Lawyer on the Clock 5:43 United Auto Workers Union prepares targeted strikes as talks with the three major automakers (GM, Ford, and Stellantis) have stalled. 9:23 Department of Labor (DOL) has proposed substantial increases to the salary threshold for white collar exemptions.

Employers' Lounge 13:00 Fred explains his statement, "Current DEI practices will never work because they are fundamentally wrong." 14:50 The four groups of employees inside organizations that run DEI programs; the frustrated, the angry, the ambivalent, and the weary and the dynamics of culture. 22:28 Leaders are feeling pressure to create an inclusive culture. 27:39 Senior leaders must commit to inclusion and take responsibility for it as much as they do safety in the workplace. 29:07 Anything that separates people into groups is doomed to fail. 30:19 Exclusion is not the big enemy of inclusions, it's failing to include people.

ep247: Join us in this informative podcast episode where Tiffany Coburn of Ogletree Deakins and Stephanie DiBlasio of ApexBenefits discuss the latest trends in employment law and employee benefits. Gain a deep understanding of the implications of the new I-9 form and Florida's recent SB1718 law and how these changes directly impact employers. Discover the innovative health and pharmacy cost savings solutions offered by ApexBenefits and learn how to design benefit packages that meet the needs of a diverse, multi-generational workforce. From pet insurance to paid parental leave, this episode is packed with insights and strategic approaches to employee benefits. Tune in and stay ahead in the world of employee benefits.

Key Takeaways from the episode:

4:29 Lawyer on the Clock: I-9 Forms and Remote Verification Changes (18 Minutes) In this segment, Tiffany Coburn from Ogletree Deakins provides detailed information on the new I-9 form, the remote I-9 alternative verification process, and the new Florida law SB1718. She provides a deep dive into the changes in I-9 forms and the importance of ensuring compliance for employers. Tiffany also discusses the alternative procedure for remote verification and the implications of Florida's new law for employers with over 25 employees.

17:24 The Employers’ Lounge: ApexBenefits In this section, Stephanie DiBlasio, Vice President of HR and Administration at ApexBenefits, discusses the range of services ApexBenefits provides. She touches on their approach to designing benefit packages that cater to a multi-generational workforce and the importance of understanding employee needs. She also discusses current trends such as pet insurance, paid parental leave, and travel incentives, emphasizing the importance of balancing program expenditure with employee feedback.

Host(s): Phil Brandt, President and CEO, AAIM Employers’ Association

Special Guest(s): Stephanie DiBlasio, Vice President of HR and Administration, ApexBenefits Tiffany Coburn, Immigration Attorney, Ogletree Deakins

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

ep246: We bring the show to you from The 45th Annual HR Florida Leadership Conference and Expo #hrfl23! Phil Brandt invites Rita Manny SPHR, SHRM-SCP and Christine Crews onto This Week at Work to discuss what they're hearing on the #HRhotline, what to expect from

ep245: Today, we unveil the unexpected twists in Social Security projections and what that means for you when planning your compensation budget for 2024. Dive into the world of economic forecasts with insights from Phil Brandt and compensation expert Michael Maciekowich. And don't miss the revealing insights from Mikey Mac's renowned cardboard box index.

Lawyer on the Clock

5:21 - Is the TSA reinstating mask mandates? With a new COVID variant out there, rumors are flying it could be as early as mid-September.

7:11 - The Fifth Circuit court issued a decision eliminating a legal test for evaluating Title Seven claims.

10:36 - A St. Louis case headed to the Supreme Court could further delve into what is considered adverse employment action.

The Employers’ Lounge

18:40 - Michael Maciekowich is here with a 2024 compensation forecast.

20:45 - Economic think tanks are pulling back on recession projections.

22:30 - The cardboard box index is shifting in part due to environmental conservation efforts.

24:20 - Starting pay is increasing, which is affecting compensation budget projections. 28:19 - The growing realization that human resource professionals are having to serve more as financial advisors as they become responsible for helping manage a huge portion of an organization's budget with pay and benefits.

31:16 - Compression! In the rush to compete for new talent, it's important to now reflect on your internal equity and remain competitive among existing workers.

34:25 - The current state of lump sums, bonuses, and spot awards.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Burt Garland, Shareholder, Ogletree Deakins

Special Guest(s):

Michael F. Maciekowich, National Director, Astron Solutions

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

ep244: Today, we welcome Joe Sallustio, Sr VP of Strategic Enrollment Management at Lindenwood University to help us look critically at the relationship between the workforce and academia. For example, while businesses face the great resignation, universities similarly face the great enrollment cliff. Also, as AI is changing how we operate our businesses, it’s just as rapidly transforming how institutions operate.

And sure, when hiring, a college degree shaves some risk, but what is it really worth? And how does that value compare to skill stacking?

Lawyer on the Clock

3:34 - The Supreme Court recently struck down affirmative action policies in higher education. Could companies’ voluntary diversity and inclusion efforts be in legal jeopardy?

Philburt’s Phorum

14:08 - Student loans, due dates, and seventh year seniors.

The Employers’ Lounge

16:08 - Joe Sallustio discusses going from hating school, to a career in academia, his podcast The EdUp Experience, and his book Commencement: The Beginning of a New Era in Higher Education.

19:28 - How is the great resignation affecting the university setting? Teachers and professors are leaving the industry and there are not going to be as many 17 and 18 year olds enrolling.

22:38 - Once concern as businesses look to take on the newest technology is, it takes four years to get a degree, and your curriculum could already be outdated by the time you graduate.

25:00 - How do we protect IP in the age of AI? How do you work with students and employees who come in expecting to be able to use AI as a tool.

29:32 - What is skill stacking? How can employers evaluate skills without a degree backing it up?

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Burt Garland, Shareholder, Ogletree Deakins

Special Guest(s):

Joe Sallustio, Senior Vice President, Strategic Enrollment Management, Lindenwood University

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

ep243: If you're looking for meaningful information about how #leadership and #operations are perceived at your organization, it's important to ask the right questions. Tanya Zion, JD joins This Week at Work to share her thoughts on how to understand employee opinions about how effective their #leaders and #processes are. Phil joins us from Indiana's SHRM conference, and Burt gets to talk about news that broke just before last week's show.

Lawyer on the Clock

2:57 - NLRB and DOL are clamping down on anti-union activities. Are captive audience meetings going to be illegal?

6:28 - DOL released a final rule that requires employers to submit when they hire consultant firms to discourage union organization efforts.

7:24 - The NLRB issued a new decision on the standard for analyzing the legality of employer rules, handbooks, and policies.

Philburt’s Phorum

14:151 - Opinion and engagement surveys!

The Employers’ Lounge

16:01 - It’s important that these surveys are actually anonymous, and employees can feel confident sharing their real opinions. Confidentiality and people understanding the data can be trusted go hand-in-hand. The purpose is to build trust and elevate the employee voice.

18:16 - An easy to take survey gets taken, and builds engagement.

19:47 - It’s important to compare engagement survey results across a national norm to see what the market is doing in general.

20:27 - Executive leadership effectiveness and operational effectiveness had a sharp decline coming out of 2020 through 2022, but are beginning to bounce back.

28:00 - Direct supervisor effectiveness is consistently rated higher than that of executive leadership.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Burt Garland, Shareholder, Ogletree Deakins

Special Guest(s):

Tanya Zion, JD, Strategic Business Consultant

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

ep242: Phil and Burt team up to offer guidance when it comes to preparing for, and documenting difficult conversations at work. Follow a few simple tips to be an HR All-Star, like PhilMario and LuigiBurt. Plus, our Lawyer on the Clock has several weeks of HR news to get off his chest.

Lawyer on the Clock

3:00 - Kalpana Kotagal has been confirmed to be one of the commissioners at the EEOC.

6:23 - The Department of Homeland Security has issued new I-9 forms and an alternative for verifying remote workers.

9:25 - The Americans with Disabilities Act just turned 33.

10:27 - What is the “No Robot Bosses” Act?

Philburt’s Phorum

14:10 - What’s everyone overhearing at the watercooler?

The Employers’ Lounge

16:05 - How, when, and what should you document when having difficult conversations?

20:08 - Should HR professionals have employees sign documentation of difficult conversations?

25:30 - The key to difficult conversations in the workplace is to prepare.

26:56 - Don’t forget the compliment sandwich!

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

ep241: In case you haven’t heard, AAIM and EAF Employers Associations have merged in an effort to continue to progress, grow, and ultimately serve members better. So we’re dedicating the half hour to share our excitement, and give a glimpse into the added expertise and solutions now at members’ fingertips.

In The Employers’ Lounge with Phil and Rita

1:17 - Rita Manny, president of EAF Employers Association, now President - Florida, AAIM Employers’ Association, joins the program to discuss how the merger between AAIM and EAF came to be, and what to expect going forward.

10:12 - The merger is about a better future: better innovation, better technology, and more efficient, expanded resources.

19:57 - EAF members wills till have the services they rely on, including the hotline, which is one of the key services. There will be more training and development.

22:37 - AAIM services new to EAF members will include live online training, applicant tracking, and background verification.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Special Guest(s):

Rita Manny, President - Florida, AAIM Employers’ Association

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

Ep240: Recruits and star employees have choices, and they demand work-life balance and flexibility, but what does that look like? We introduce AAIM Member Lane Heaney, an HR Generalist at Child Care Answers. Lane watches firsthand how her organization empowers employers to provide the support their employee’s demand. Also, Lane discusses how she keeps her head above water as a one-person HR department.

Lawyer on the Clock:

4:07 - Do current OSHA standards for high hazard industries require you to submit 300 logs, 301 logs, or both?

9:11 - How do you determine if you are in a high hazard industry?

11:01 - Mandatory lunch meetings: clocked-in or clocked-out?

Philburt’s Phorum:

13:25 - Monique, our AI contributor tests out new looks.

The Employers’ Lounge: Child Care Answers

16:31 - Lane Heaney discusses moving away from the “employees’ child care issues are not my issues” mentality.

21:09 - Employer provided solutions for employee childcare can vary greatly: splitting shifts, job sharing, flexible spending accounts, childcare subsidies, PTO, or even just including information about available local programs in your onboarding.

25:55 - Remote work has brought up new issues when it comes to childcare while parents are working from home.

Poll Results

26:38 - Flexibility in hours and location was the number one response to “which of the following do you think impacts work life balance the most?”

28:15 - Our listeners overwhelmingly have not implemented any type of child care support for employees and do not feel it is a fit for their organization.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Tom Chibnall, Associate, Ogletree Deakins

Special Guest(s):

Lane Heaney, HR Generalist, Child Care Answers

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

Ep238: We continue our conversation around a multi-generational workforce with tips for developing culture that drives collaboration and healthy relationships. We welcome Tanya back to offer ideas on how to provide employees a common “why”, while at the same time being flexible with the “how”.

Lawyer on the Clock:

3:36 - The Supreme Court issued a significant decision in a case between an LGBTQ+ couple and a website designer.

7:54 - Some clarity is offered on the Supreme Court decision from last week regarding affirmative action.

The Employers’ Lounge: Multi-Generations at Work

21:12 - Multiple generations have grown up with different experiences as relates to technology, laws, etc.

22:26 - What, as an organization, is your purpose, your vision, your values?

25:13 - Mission, vision, and values often come from a consultant, and don’t get integrated into what we are actually doing.

Poll Results

27:23 - Who defines a company’s culture? Poll says leadership at 55%.

30:42 - What is the biggest determining factor for work ethic? Our viewers say it’s how you were raised.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Burt Garland, Shareholder, Ogletree Deakins

Special Guest(s):

Tanya Zion, Business Manager, Engagement Services, AAIM Employers’ Association

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

Ep238:

We turn the spotlight towards another impressive AAIM member company, Bunzl Distribution, an organization with a global reach that calls St Louis home for their North American operations. We welcome a special guest, John Lyday, Senior Vice President and Chief Human Resources Officer for Bunzl North America. From a concerted dedication to leadership training and personal development, to inspiring an enthusiasm for diversity, you’ll surely walk away with insights you can apply to your area of focus. Plus, the spotlight’s on Tom Chibnall too as he’s this week’s Lawyer on the Clock.

Lawyer on the Clock:

4:21 - The Supreme Court has changed direction on whether it is considered undue hardship when it comes to how coworkers are adversely impacted when it comes to religious accommodations.

7:23 - The Supreme Court also ruled it is unconstitutional to consider race as a factor in admissions practices for universities and colleges.

Philburt’s Phorum:

n/a

The Employers’ Lounge: Bunzl Distribution

11:31 - Bunzl’s growth comes from acquisitions, and our largest challenge comes from finding the right companies, and integrating them into Bunzl and our culture, but keeping the best of who they are.

16:06 - Post-pandemic, Bunzl has invested in a specialized talent acquisition team, onboarding, and engagement of new hires.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Nick Barton, Vice President, Feature Group USA

Tom Chibnall, Associate, Ogletree Deakins

Special Guest(s):

John Lyday, Senior Vice President and Chief Human Resources Officer, Bunzl North America

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

Ep237:

It’s a multi-generational workforce, and to unlock the potential that these different perspectives can offer, it’s going to take actively understanding the diverse skills, experiences, and values of our people. We welcome to the show, Strategic Business Consultant, Tanya Zion. Tanya will bring insights that she’s gained from both research and real-world situations to help you elevate your organization.

Lawyer on the Clock:

6:24 - The US Supreme Court issued a split decision that allows Coinbase (a cryptocurrency company) to pause a lawsuit while it appeals a dispute over sending claims to arbitration.

12:24 - An investigation has begun into 23 companies that appear to have committed wage theft.

14:29 - The Pregnant Workers Fairness Act is officially in effect.

Philburt’s Phorum:

18:06 - Phil attempts to understand a dramatic recreation of a GenZ breakup.

The Employers’ Lounge: Multi-Generational Workforce

21:19 - When it comes to younger generations, we have to meet them where they are and cultivate a curiosity of why we function differently in the workplace. The expectations and differences that we have to deal with are real.

Host(s):

Phil Brandt, President and CEO, AAIM Employers’ Association

Burt Garland, Shareholder, Ogletree Deakins

Special Guest(s):

Tanya Zion, Strategic Business Consultant - Executive Coach, AAIM Employers’ Association

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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+

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

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’ Association Burt 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

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’ Association Burt 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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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’ Association Burton 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

Unions’ backs are against the wall. In the case of Home Depot, they have employees coming out swinging. This week we cover the BIG NEWS coming out of Philadelphia as Home Depot faces their first ever union petition despite their significant efforts to remain union free.

Difficult employees - WHY keep them, WHEN to terminate them, WHERE to protect yourself, and HOW to make it a positive for your organization. This probably causes the most headaches for HR professionals, because the workplace would be better without them, but there might not be good enough reasons to get rid of them. Join Phil and Burt as they discuss ways to encourage performance or properly handle situations that require separation.

• 3:03 - Poll - do you have a net negative contributor in your office?
• 3:52 - Moving from annual to quarterly performance reviews
• 9:24 - Employment at will and how that can help you get rid of a difficult person
• 12:29 - Necessary documentation in a termination process
• 16:17 - What to do when the employee doesn’t want to leave
• 20:41 - How do you handle the high performer who creates problems in the workplace?
• 23:50 - Are people retaining problem employees because it’s hard to find more talent?
• 30:20 - Home Depot’s first ever union petition - teaser for next week

Most HR professionals have never managed an inflationary period like we face today. So Michael Maciekowich, National Director, Astron Solutions, is joining us to talk about inflation and compensation. Michael has experienced inflation cycles like this before, and his expert advice can help you meet your employees where they are.

• 1:56 - Poll - How are other companies helping their employees cope with inflation?
• 3:10 - Past inflation cycles and what we can learn from them
• 9:39 - Are we heading into a recession?
• 12:33 - Creating realistic budget projections
• 18:31 - Why so many companies seem to not be addressing inflation
• 20:50 - Best practices to address inflation for your employees
• 24:03 - The pros and cons of hire-on bonuses

Gender dysphoria is ruled a disability in a federal appeals court. What should you take away from it? The answer may be simpler than you think, even if you’re already confused about how it relates to the ADA’s exclusion of gender identity disorders. Also, Quiet Quitting is shifting to Loud and Proud! A TikTok video is inspiring a new wave of employees to “Act Their Wage”. Phil pumps the brakes on this “new” phenomenon. People managers have been dealing with it for years.

• 1:21 - Poll - will recruiting get easier or harder in the next 3-5 years?

• 2:22 - Gender dysphoria is ruled a disability in a federal appeals court and what that means for employers

• 12:53 - Dissenting opinion on the gender dysphoria case

• 27:05 - Quiet quitting - what it really is and what you can do about it

• 29:50 - The data behind the quiet quitting movement - where did it start?

Kris Gfell, Business Manager, HR Services at AAIM joins Phil today to talk about recruiting, employee engagement, and take-aways from the Wayfinder HR Summit.

Between the student loan forgiveness and Apple employees petitioning to protest against returning to the office, there’s so much to cover! On the show today, Burt and Phil discuss how the student loan forgiveness will affect the job market and potentially your contract with employees. Also, the show offers guidance on how to respond if your employees begin organizing to petition against workplace policies, like returning to work. Listen to the show today for Phil and Burt’s take.

• 4:41 - Thoughts and facts on student loan forgiveness

• 10:41- How will student loan forgiveness affect employers?

• 14:07 - Using the correct language in offer letters to avoid future issues

• 17:22 - Poll question: how owners vs staff feel about working remotely

• 18:53 - BREAKING NEWS - Apple employees are protesting the return to office

• 25:13 - How to handle tensions between employees and management

Employees and candidates control the job market in 2022, and in order to be competitive, companies are being pressured into offering hybrid or remote working setups. At the same time, CDC recommendations are relaxing, and there is pressure from executives to get people back into the office. Phil and Burt discuss how to navigate the return to the office for organizations that are recruiting new talent, or who are working to retain and engage existing talent.

1:20 - Poll - Getting a read on how employers are feeling about their current ability to recruit, retain, and engage their workforce 1:53 - Analyzing the attitudes towards remote and hybrid workforces 3:14 - Thoughts on compromising with your employees in light of current CDC recommendations as nearly everyone prefers the option to work remotely 11:08 - How to move a fully remote team to a hybrid or in-person work set up 14:00 - Considerations to take with pay and hiring practices with remote workers 22:09 - Is remote work a reasonable accommodation according to the ADA?

Phil and Burt discuss everything you need to know about the recent deal between Senators Manchin and Schumer (also known as the “Inflation Reduction Act” or the “Reconciliation Bill”). We take away sensationalism and politics, giving you the straightforward truth on the bill. But before diving into the bill in detail, they talk about some of the main topics being discussed at this year’s SHRM conference.

• 1:00 - Takeaways from the SHRM conference

• 2:53 - Why has it been so hard to attract talent lately?

• 12:46 - What are other companies doing to improve their retention

• 16:59 - The highlights of the Manchin and Schumer bill

• 22:03 - Underlying intentions of the bill - supporting unions and clean energy

The NLRB's partnership with the DOJ and FTC, will bolster the focus on the 'gig economy', noncompetes, and other practices determined to harm workers. Are you at risk? Do you need to make changes? We come to you live from a fishing boat to share this breaking news, and to analyze what it might all mean for your organization.

• 4:14 - Behind the scenes of the DOJ and NLRB partnership
• 7:18 - Polling the listeners on the DOJ and NLRB partnership - are other HR professionals concerned?
• 8:34 - Can employers deduct from an employee's paycheck if they don’t return equipment?
• 13:08 - Is it ok to treat remote employees differently from on-site employees?
• 17:06 - The NLRB and DOJ memorandum and the protections it offers for workers of the ‘gig economy’
• 21:05 - The precedent this sets for other regulatory agencies and how to protect yourself from potential litigation
• 30:42 - The true intentions behind this memorandum - protecting the unions

Do you monitor your employees, and if so why?

Erin Miley joins the podcast today to discuss background checks.

The overturning of Roe v Wade could have implications in your workplace.

"I don't see color, I just see people." This phrase is often used as a way to indicate a lack of racism, but is in itself a microaggression. Luther Wright, Jr. joins the program to discuss.

Microaggression is becoming a major issue to workers. For some, it gives a name to something that has harmed them for years. For others, it's another opportunity to point out how overly sensitive people have become. Whichever side of the coin you flip, it's coming up as conflict.

Bullying, harassment, and discrimination... what is the difference and what should you do when they occur in your workplace?

Today we discuss workplace conflict: has it risen, gotten more severe? Also, a judge dismissed a case filed by a Home Depot employee who alleged the company wrongly banned employees from wearing BLM slogans on their aprons.

As Elon Musk requires working from the office, we are beginning to see the return of some mask mandates as infection rates rise. OSHA has also been making more visits.

Elon Musk has declared all employees must come back to the office full time. Meanwhile, unions are on the rise across the country.

We will discuss what your workplace can do to help keep employees safe in the event of an active shooter or other workplace violence.

Is your company planning an increase in compensation in response to inflation? Find out what other companies are doing.

Today Phil and Burt discuss what Starbucks is doing about unions, how a proposed Colorado bill would affect non-compete clauses, and the EEOC heading back to the office in 2 weeks.

Phil shares his favorite takeaways from yesterday's AAIM Leadership Conference.

Is the pandemic over? And what is happening in Missouri legislature in regards to employers who required vaccinations for employment?

Today Burt and Phil discuss retention bonuses. Plus, who's ready to travel more now that masks aren't required?

This morning we cover mask mandate extended on public transport, unions, retention bonus structure, and tracking apps.

Union interest is on the rise, Phil and Burt will discuss what this means for employers. Also, in the aftermath of the Covid-19 pandemic, Ogletree Deakins has developed a Covid-19 Litigation Tracker.

Jim Plunkett with Ogletree Deakins joins Burt today to discuss labor issues in Washington DC, including upcoming change in FLSA to increase the overtime salary threshold.

Today we discuss the new AAP requirements from the DOL in 2022, as well as the new OFCCP online platform to collect information from covered federal contractors (including covered subcontractors) about their AAPs.

St. Louis County is about to pass a new bill that ends Marijuana screening for STL County job applicants. This is a recent national trend for states, cities, municipalities, and even private employers to eliminate screening for marijuana. The reason: So many adults now use marijuana in a medical purposes. In addition, the measure is meant to eliminate a hurdle to employment for county residents who use marijuana medicinally and make it easier for the County to recruit and hire workers amid labor shortages.

The last two years have placed tremendous pressure on employers to not only HIRE talent – but also to RETAIN talent. At the center of the debate - during this period of the Great Resignation… is “CULTURE.” Our special guest today is Sean Glaze, a 4-time author and a nationally recognized speaker on Culture & Team Building.

Michael Maciekowich is in the studio to discuss compensation strategy, inflation and the impact on wage structure, and when to use internal and external wage benchmarking.

Mask mandates are ending, but CDC guidelines remain the same. We discuss what our viewers are doing in their own companies in regards to requiring masking or vaccination.

Phil and Burt talk a little about the waning COVID crisis conversation. Then delve into discussing bullying, harassment, and discrimination.

Is that hope we are feeling as mask mandates begin to relax around the country? Phil and Burt discuss what relaxing rules mean for employers.