AGG Talks: Solving Employers’ Problems

In this episode, AGG Employment partners Theresa Kananen and Rick Mitchell discuss significant changes in the federal government’s approach to Title VII of the Civil Rights Act of 1964 and what this means for employers.

The conversation examines DOJ's Office of Legal Counsel’s recent position on disparate impact liability and the Equal Employment Opportunity Commission’s decision to rescind its longstanding affirmative action guidelines. They also analyze recent decisions from the Supreme Court of the United States and what employers should consider when reviewing hiring practices, diversity initiatives, and other workplace programs involving protected characteristics. 

In this episode, AGG Employment partners Ed Cadagin and Megan Mitchell unpack new Equal Employment Opportunity Commission ("EEOC") guidance on telework and reasonable accommodations.

Although the guidance is directed at federal agencies under the Rehabilitation Act, it offers important insight into how the EEOC is likely to evaluate similar issues under the ADA for private employers. Ed and Megan discuss when telework may be required, how employers can reassess pandemic-era remote work arrangements, and best practices for handling accommodation requests in the workplace. The team shares actionable guidance to help organizations navigate telework decisions with confidence. 

In this episode, AGG Employment attorneys Ashley Kelly, Theresa Kananen, and Lindsey Locke share what employers need to know about political speech in today’s workplace.

They address common misconceptions about the First Amendment, explain how the NLRA can protect certain employee discussions — even when politically charged — and highlight how discrimination laws and state protections may come into play. Through practical examples, the team shares smart, balanced strategies for managing workplace conduct while minimizing legal risk.

In this episode, AGG Employment partners Ashley Kelly and Theresa Kananen explore Florida’s CHOICE Act, new legislation that takes a distinctly different approach to non-compete agreements.

While most states have recently moved to restrict or ban non-competes, Florida has made them easier to enforce under specific conditions. Ashley and Theresa break down what the law means for employers, including which employees and agreements are covered, the expanded time limit, and the law’s mandatory injunctive relief provisions.

They also share guidance for employers seeking to update their restrictive covenant agreements and explain how existing non-competes will be treated under the state's new legal framework. 

In this episode, AGG Employment partners Henry Perlowski and Theresa Kananen tackle one of the most prevalent workplace challenges: managing employee performance issues when illness or disability is a factor.  

While every situation is unique, Henry and Theresa outline legal principles and considerations to help employers balance performance management with compliance under the ADA, FMLA, and other laws. They share strategies for recognizing risks, avoiding retaliation claims, and developing a path forward when approaching these sensitive situations. Henry and Theresa also walk through three real-world scenarios to address practical considerations for employers facing similar issues.

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed ban in 2024 garnered a lot of attention, it remains stalled and the real action is now happening at the state level. 
 
Megan, Rick, and Lindsey walk through key questions employers should ask before entering into restrictive covenants, highlighting the wide variation in state laws, and explaining how some jurisdictions are taking unique approaches — including salary thresholds, notice requirements, and “garden leave” obligations. The conversation also covers the increasing regulation of non-competes in the healthcare industry and how courts evaluate scope and reasonableness in enforcement. 

In this episode, AGG Employment partner and co-chair, Ashley Kelly, speaks with leaders of the firm's new Civil Rights & False Claims Act Risk & Response Team, Gabe Scannapieco and Sara Lord, about the DOJ’s recent move to expand False Claims Act ("FCA") enforcement to include diversity, equity, and inclusion ("DEI") initiatives. The conversation covers the structure of the FCA, takeaways from the DOJ’s May 19 memo, and how whistleblower incentives and public reporting may fuel increased scrutiny. 
 
Gabe and Sara also offer practical insight into how government contractors and organizations receiving government funding can mitigate risk and maintain compliance as DEI policies come under closer federal examination. 

In this episode, AGG Employment partners Ed Cadagin and Megan Mitchell discuss considerations for employers addressing leave and reasonable accommodation requests from employees. In particular, Megan and Ed focus on the interplay between FMLA leave and the ADA interactive process. They also cover how the Pregnant Workers Fairness Act impacts the interactive process. 

In this episode, AGG Employment partners Ashley Kelly and Theresa Kananen and AGG Government Contracts partner Tenley Carp discuss the significant changes to DEI programs under the Trump administration. Together, they explore recent executive orders affecting federal contractors and grant recipients, potential enforcement actions, and how private companies are responding to these policy shifts. They also share compliance considerations and the legal challenges affecting the future of DEI initiatives. 

In this episode, AGG Employment partners Ashley S. Kelly and Theresa Y. Kananen and Employee Benefits & Executive Compensation of counsel Tia L. Martarella discuss a strategy that many employers feel may encourage employees to receive the coronavirus vaccine and reduce health plan costs: health plan premium surcharges. The discussion includes an overview of the (many) rules and regulations governing health plan premium surcharges, as well as potential legal roadblocks.