ABA Labor and Employment Law Podcast

The relationship between Canada and the United States has made headlines over the summer, but the two countries also pose some unique, cross-border labor challenges. Guests Christopher Deehy and Cody Yorke are international labor and employment lawyers specializing in Canada/U.S. relations who deal with these differences daily.

Independent of the political climate, interactions on the labor and employment front create their own issues. One big difference is that unlike the United States, in Canada each province has its own labor laws, and in some cases such as banking, federal rules may also apply. It’s imperative to understand these variances when dealing with cross-border labor relations. 

Oh, then there’s the French civil law code in Quebec and the use of the French language. Canada is not just “United States North,” it has its own laws and what may apply in the U.S. may not apply in Canada. For example, the “at-will” employment rules of the U.S. may not apply in Canada, where advance notice may be required. If you’re doing business across the border, this could be a factor. 

No podcast can fully explore every aspect of the differences in labor and employment law between the U.S. and Canada, but if you’re working with a client with employment issues across the border, this intriguing episode with get you thinking about the questions you’ll want to ask.

REFERENCES MENTIONED:

National Labor Relations Act (Wagner Act, 1935)

“Fast Facts About the At-Will Employment Doctrine,” Thomson Reuters

“Reasonable Notice of Termination: Overview,” Practical Law Canada Employment, Thomson Reuters

“Restrictive Covenant,” Government of Canada

“FTC Announces Rule Banning Noncompetes,” Federal Trade Commission

“Successor Liability,” Practical Law, Thomson Reuters

“Workplace Impairment Questions and Answers,” Government of Canada

Association of Labor Relations Agencies

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC

ABA Labor and Employment Law Section

How is AI finding its way into the legal arena of labor and employment law, and how well do you understand this emerging field and the potential perils? Guests Nina T. Pirrotti and Daniel A. Schwartz are both experienced labor and employment attorneys who have encountered AI in the scope of their work and are sorting through the federal legal vacuum and emerging state laws.

What they’ve found are AI programs that take inputs, analyze them, and provide recommendations in employment and labor relations. This can include scanning resumes, drafting job descriptions, performance reviews, summarizing documents, and even sending rejection letters. Are computers replacing human judgment?

And it’s not just employers using AI. Job seekers are learning to use AI to create resumes and cover letters that match job descriptions, even burying coding inside applications designed to convince the AI screener to select them for an interview. “It truly is an AI arms race,” Pirrotti says. Job seekers use AI to flood the market with applications, and employers are so overwhelmed they use AI to screen them.

But AI isn’t perfect. In a drive for efficiency, AI has the potential to discriminate against people who may be qualified but have a disability, be neurodivergent, or simply not meet the “norms” a program has been trained to see. There are legal minefields (and potential liabilities) out there. Is there a class action suit just itching to be filed?

REFERENCES MENTIONED: 

“Title VII of the Civil Rights Act of 1964”

“Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” U.S. Department of Justice Civil Rights Division

“Griggs v. Duke Power Co.” Wikipedia

“Derek Mobley v. Workday Inc.,” Findlaw

“Connecticut’s AI Responsibility and Transparency Act: Key Impacts on the Workplace,” Shipman & Goodwin

 “Automated Employment Decision Tools (AEDT),” New York City government

“The Harper v. Sirius XM Lawsuit: What the US Legal Case Means for UK and EU Organizations” Hair.Ventures

 The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC

Social media is everywhere today. Ever wonder how the role social media plays into the employer/employee relationship? In this episode, guests Aaron Holt and SaNni M-K Lemonidis, both experienced labor and employment attorneys, join host Matt Greer for a deep dive into the murky waters of who said what where and to whom.

Can employers regulate what an employee says on a social media channel – say Facebook or X? It depends. The “manner and method” of our free speech outside of work still matters. It’s about content and context.

Harassment and discrimination matter still matter. Try the “water cooler principle,” if  a comment was made on social media, ask if the same comment was made at work around the water cooler, would the boss feel obligated to act. If the answer is yes, then action is likely required.

This is a fascinating field, nuanced and sometimes dependent on the size of a company and capacity for control as well, as the company’s own use of social media in outreach and marketing.

The laws, and EEOC guidance, haven’t changed. But the environment we live and work in has. Basic principles still apply. For employees, be nice to each other. For employers, do your best to ensure no one is being harassed or bullied. If someone says there’s a problem, employers can protect themselves by investigating complaints and developing and adhering to consistent policies.

REFERENCES MENTIONED:

 Title VII of the Civil Rights Act of 1964

NLRB v. Pier Sixty, Justia Law

Equal Employment Opportunity Commission 

Okonowsky v. Garland, Justia Law 

Connick v. Myers, Justia Law 

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC

ABA Labor and Employment Law Section

What are irreconcilable workplace differences, and are they on the rise? Trickier issues are coming up these days and are challenging the status quo. As how and where we work changes, when do misunderstandings become a disruption, and what do we do next?

 Fact is, the workplace is a social situation as much as a labor issue, and learning how we interact with each other is more important than ever. Friendships, relationships, cliques, supervisory roles, and generational gaps factor into the workplace environment. And then there’s the law. It’s a lot to digest.

Working from home, a return to work in the office, and an increasing understanding of mental health and workplace balance are all creating frictions and new challenges. Remote work since the pandemic has only complicated issues. Communication is more important than ever. And it’s not easy. 

Workplaces are made of humans. And we’re all human. When all you have is a hammer, all problems look like a nail. When we’re litigators, maybe litigation looks like the solution. But sometimes, understanding the bigger picture and the humanity, and addressing issues before they become lawsuits, come into play. This discussion may change the way you think.

REFERENCES MENTIONED:

Title VII of the Civil Rights Act of 1964

National Employment Lawyers Association

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC

ABA Labor and Employment Law Section

Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers. 

Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws.

A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter.

This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon? 

Mentioned in This Episode:

Title VII of the Civil Rights Act of 1964, EEOC

“Ninth Circuit Rules in Favor of Employers in Two Recent Religious Discrimination Cases,” New York University School of Law

“LeBoon v. Lancaster Jewish Community Center Association,” U.S. Third Circuit Court

“McMahon v. World Vision,” Ninth Circuit Court

“Union Gospel Mission of Yakima Washington v. Brown,” U.S. Ninth Circuit Court

“Conway v. Mercy Hospital St. Louis,” Justia.com

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC 

ABA Labor and Employment Law Section

Coming to us from the November ABA Labor and Employment Section’s annual conference, we bring together two employment law experts with unique perspectives on the nexus of immigration and employment law. Representing workers, guest Monica Guizar works with the Service Employees International Union, while Marcia Longdon of the firm Kingsley Napley brings an employer – as well as an international – perspective. 

Dramatic policy shifts crafted by the Trump Administration’s immigration policies are shaking up both immigration and employment law. Recently, Guizar says, we’ve seen immigration raids at workplaces, along with mass deportations. In some cases, the U.S. government has even removed legal status from workers who previously had permission to work. Even workers on skilled labor visas are impacted. 

Based in the United Kingdom, Longdon sees some similarities in policy shifts both there and in the U.S. as politics plays a role in immigration and labor issues. She explains international guidelines for hiring workers across borders to fill specific needs. 

One thing is clear, workers, employers, and employment lawyers are left to untangle swirling regulations and enforcement policies. Now throw in individual state laws and union representation issues. It’s a new world. 

Mentioned in This Episode:

U.S. Department of Labor, Project Firewall

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC 

ABA Labor and Employment Law Section

Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission). 

Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law. 

When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity. 

Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing. 

Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others.

Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission). 

Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law. 

When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity. 

Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing. 

Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others.

Mentioned in This Episode:

Equal Employment Opportunity Commission

Meritor Savings Bank v. Vinson, Wikipedia

EEOLeaders.org 

EEOC Title VII

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC 

ABA Labor and Employment Law Section

The 2025 ABA Labor and Employment Section annual conference is scheduled for Nov. 12-15 in Denver. In this episode, get a preview of the conference from planning committee co-chair Jeremy Glenn, host committee co-chair Anne Shaver, and Section chair Jason Marsili. 

This is the 19th annual signature conference for the Section. It’s a great chance for members to earn a year’s worth of CLE credit at one location and a great place to network (plus, Denver is a fantastic city). 

Brush up and hear the latest developments in your own niche area of specialization or get a feel for areas where you might not regularly work. There’s been a seismic shift in federal employment oversight this year making it an interesting time to work in labor and employment law. 

Plus, hear how artificial intelligence, AI, is working its way through the legal community. Where does it make your life easier, and where does it create ethical issues? 

Resources:

ABA Labor and Employment Law Section Annual Conference Nov. 12-15

ABA Labor and Employment Law Section

History Colorado Center

History Colorado Sand Creek Massacre

History Colorado “The 90s: Last Decade Before the Future”

Denver Art Museum

Meow Wolf

Casa Bonita (you really do need a reservation)

Diversity, equity, and inclusivity initiatives, DEI, have been under scrutiny in the past year. Is DEI “dead” or simply “evolving under pressure?” Guests Stephanie Jones and Joan Willaims – with decades of scholarship and experience in the field of inclusive, fair labor, and employment issues – dig into recent shifts in the landscape. 

Executive orders, political agendas, and public opinion have challenged advances made under DEI initiatives. These efforts to maintain fairness and build diversity face being dismantled faster than they can be instituted in some cases. 

In this episode, we’ll explore the future of DEI, including the program “buzzwords” that often attract negative attention, as well as the most effective DEI programs that focus on data, evidence, consistency, and fairness.

Hear how DEI programs can be reshaped, implemented, and sustained in a shifting cultural, legal, and political environment. 

Mentioned in This Episode:

ABA Leadership Development Program

“I’m Just a Bill,” Schoolhouse Rock

“Target was one of the most outspoken supporters of DEI. It’s changed its tune,” CNN Business

W.K. Kellogg Foundation

“The New Class Bubble Quiz”  

ABA Labor and Employment Law Section

 The National Labor Relations Act recently turned 90 years old, but there appear to be a series of new “what’s old is new again” challenges to the constitutionality of National Labor Relations Board’s powers, a replay of arguments harking back to the New Deal. 

Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president’s power over the board. 

The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades. 

But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president’s power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again. 

Mentioned in This Episode:

“Relitigating the New Deal: The Stakes of Current Constitutional Challenges to the NLRB” by Diana Reddy, Duke University, Labor

National Labor Relations Act

“Is the NLRB Unconstitutional? The Courts May Finally Decide, by Alexander T. MacDonald, Federalist Society

“National Labor Relations Board v. Jones & Laughlin Steel Corporation,” Oyez

“Space Exploration Technologies Corp. v. National Labor Relations Board,” Justia

“Donald J. Trump, President Of The United States, Et Al. V. Gwynne A. Wilcox, Et Al. On Application For Stay,” U.S. Supreme Court

National Labor Relations Board 

Equal Employment Opportunity Commission

ABA Labor and Employment Law Section

ABA Labor and Employment Law events