Employee Survival Guide®

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Are non-compete agreements holding back American workers? Join me, Mark, for a deep dive into the FTC's groundbreaking rule banning these contentious clauses and the fierce legal battles ignited by it. We'll dissect the pivotal Texas court decision that seeks to block the rule and its far-reaching implications for millions of employees. Understand how the Administrative Procedure Act and conflicting judicial opinions from Texas and Pennsylvania are shaping this debate, and what it all means for the upcoming presidential election. We'll also explore the economic consequences for employers and why the rule's enforcement date of September 4th, 2024, is crucial, pending appellate and Supreme Court reviews.

But that's not all. We also tackle the issue of default management agreements that unduly control employees' financial and income affairs. Discover why these agreements are so problematic and how the FTC's new rule aims to protect worker rights. Take a look at Silicon Valley as a shining example of how businesses can flourish without restrictive non-compete clauses. This episode is packed with critical updates and insights that will keep you ahead of these evolving developments. Don’t miss out on this important and timely discussion!

Links Mentioned in Episode:

Ryan LLC v. FTC (Texas decision) 

FTS Tree Service v. FTC (Pennsylvania decision)

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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Ready to test your employment law knowledge and uncover critical distinctions in the workplace? Join Mark for a pop quiz to test your knowledge. We promise you'll gain valuable insights into the differences between employees and independent contractors, understand the key protected classes under federal anti-discrimination laws, and grasp the essentials of the Fair Labor Standards Act (FLSA). From the nuances of at-will employment to the requirements of the Family Medical Leave Act (FMLA), we cover it all to ensure you're well-versed in these crucial topics.

But that's not all. This episode goes further by dissecting the complexities of workplace discrimination and harassment. By distinguishing between disparate treatment and disparate impact, we offer practical advice on handling harassment and discrimination. Learn the importance of internal reporting and the pivotal role of the Equal Employment Opportunity Commission (EEOC). We also stress the need for proactive measures from employers, including training and establishing robust reporting procedures. To wrap things up, we tackle the frustration with ineffective solutions and advocate for stronger actions like filing complaints and public shaming to create a safer work environment. Tune in and stay vigilant!

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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"Employee Power" has evaporated. Join us as we explore the dramatic shift in workplace dynamics, from the leverage employees once held to the regained control of employers. We scrutinize the initial factors that boosted employee confidence, such as the pandemic and social unrest, and delve into how the stabilization of economic conditions has allowed employers to roll back wage increases, remote work options, and promotions. We'll also dissect the FTC's new rule banning non-compete agreements, the rise and fall of DEI initiatives, and the rise of MEI (Merit, Excellence, and Intelligence) as the new corporate mantra.

We tackle the potential for a new wave of employee activism. Reflecting on historical moments that catalyzed social change, we ponder what kind of unifying spark could ignite a collective movement among today's workforce. Can employees rally together for peaceful protests and significant social change, or will employer resistance stifle these efforts? We invite you to reflect on these possibilities and consider the broader trends in employer-employee relationships and negotiation principles. Tune in for an insightful discussion that sheds light on the shifting sands of employee power, the challenges ahead, and the potential for a new movement.

Links:
https://www.wsj.com/economy/jobs/the-hottest-job-market-in-a-generation-is-over-92f61452?st=4g4fzsjujwfduy2&reflink=desktopwebshare_permalink

https://www.wsj.com/lifestyle/careers/white-collar-college-educated-workers-jobs-c594c29a?st=urximh9eecqyvgd&reflink=desktopwebshare_permalink

https://capclaw.com/corporate-dei-causes-racism-and-reverse-discrimination/

https://www.wsj.com/lifestyle/workplace/dei-catches-on-merit-intelligence-excellence-mei-27839a3c?st=2i1j4ggtyh8w46n&reflink=desktopwebshare_permalink

https://www.shrm.org/front-door

https://capclaw.com/employnomics/

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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What if you could transform your EEOC complaint into a powerful tool to negotiate a severance/settlement with your employer?  Join me, Mark, as I unlock the secrets to filing successful complaints with the EEOC and state agencies. With my extensive background in employment law, I’ll guide you through the essential steps, from understanding the crucial 180 or 300-day filing windows to the importance of completing and notarizing Form 5 accurately. Discover how dual filing with both federal and state agencies can be a game-changer, especially in states like California and New York, where employee protections and financial outcomes are more favorable.

Crafting a compelling affidavit can make or break your case. In this episode, learn how to present a thorough, precise, and fact-based narrative while strategically including embarrassing facts about your employer to pressure for settlements. Avoid the pitfalls of over-emotional language and focus on delivering a professional, persuasive account. I'll walk you through the practical steps of drafting, organizing, and submitting your affidavit, ensuring it’s notarized and formatted correctly. Get ready to empower yourself with practical advice designed to streamline your EEOC process and enhance your self-advocacy efforts.

Links:
https://publicportal.eeoc.gov/Portal/Login.aspx 

eeoc.gov

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

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Can employers really push for arbitration in sex discrimination cases, flouting federal laws? Join me, Mark, as we dissect this pressing concern and shed light on the ramifications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Signed into law by President Biden, this legislation was supposed to be a beacon of hope, but in reality, many employers and their legal teams continue to demand arbitration, blatantly violating the law. We'll also unravel the expansive definition of sexual harassment under the Act, which covers all forms of sex-based and gender-based discrimination, including sexual orientation and pregnancy discrimination. Through my personal encounters and legal confrontations, I underscore the importance of understanding and asserting your rights.

The hidden complexities and inherent pitfalls of arbitration often turn it into a daunting ordeal for employees. Corporations are not shy about leveraging arbitration to protect bad actors and manipulate outcomes in their favor. This episode is your guide to recognizing these corporate tactics, so you're better equipped to navigate these challenges. By staying informed and vigilant, we can collectively challenge unlawful practices and ensure that justice prevails. Tune in to gain the knowledge and empowerment you need to protect your rights in the workplace.

Links:

https://capclaw.com/how-to-manage-sexual-harassment-cases-after-the-federal-ban-on-forced-arbitration/
https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2022cv06669/584300/70/

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

Prepare to be liberated from the shackles of non-compete agreements! This episode peels back the layers of the Federal Trade Commission's revolutionary ban that's set to empower approximately 30 million workers by September 4, 2024. We're not just talking about the end of these restrictive agreements—get ready to explore the strategic legal chess game that's unfolding as the U.S. Chamber of Commerce gears up for a significant challenge. With high-stakes implications for labor mobility and innovation, we dissect the rule's nuances, its special provisions for top executives, and concrete steps for employers to stay compliant.

Shift the balance of power back into your hands as we unravel the ineffectiveness of non-competes for most employees and the bolstered protection non-disclosure agreements and trade secret laws provide without overextending. You'll gain insights into the FTC's anticipatory moves to secure favorable legal grounds and the anticipated decrease in litigation for workers wishing to advance their careers unimpeded. This episode isn't just a discussion; it's a clarion call for employees to navigate the new employment landscape with confidence.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

Discover the legal game-changer that's levelling the playing field for employees in our latest episode, where we unpack the monumental Supreme Court decision in Muldrow v. City of St. Louis, Missouri. Celebrate with us the unanimous ruling that revamps the burden of proof on workplace discrimination, shifting from "significant harm" to just "some harm." This landmark case swings open the doors for employees to challenge discriminatory acts without the daunting task of proving extensive damage to their careers. Tune in to understand how this pivotal adjustment can potentially alter every facet of employment law, and arm employees across all sectors with a more potent weapon against workplace injustice.

Peek behind the curtain of the Supreme Court with us to decode the implications of Justice Kagan's strategic opinion writing, suggesting a more nuanced internal negotiation process than meets the eye. This episode doesn't just reveal the mechanics of court politics, but it also signals a transformative moment for employee rights in the dynamic landscape of modern work relations. We shed light on the importance of such legal advancements, supporting employees in an employment atmosphere that is often skewed against them. Join us for a compelling discourse on how this judicial shift promises a fairer fight for justice in the workplace.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

Could the very tools designed to enhance our productivity in the workplace be silently shaping a future of bias and invasion of privacy? Join me, Mark, as we delve into the profound impact AI is having on employment, from the boardroom to the break room. Along with insights from industry consultants, we unpack the transformative effects on hiring practices, highlighting the unseen biases lurking within AI algorithms. We confront the unsettling reality of how these systems could perpetuate discrimination and examine their role in employee surveillance, questioning the trade-off between efficiency and ethical practice.

In a world where AI's judgment can influence your career trajectory, understanding its reach into performance evaluations and mental health assessments is crucial. Our discussion traverses the spectrum from the benefits of AI, such as personalized support and early symptom detection for mental well-being, to the darker side of increased scrutiny and emotional surveillance. We dissect the delicate balance between leveraging AI for good while safeguarding against its potential to exacerbate workplace stress and breach the sanctity of personal data.

Finally, we grapple with the complex relationship between trust and technology as AI surveillance becomes an unwelcome fixture in our professional lives. I emphasize the pressing need for self-awareness and proactive measures in protecting our digital footprints from prying algorithmic eyes. The responsibility to navigate these murky waters lies not only with employers and regulators but with each of us as individuals. As we sign off, I urge you to stay vigilant and informed, for the AI-driven workplace is not a distant future—it's here, and its implications are profound.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

Can you imagine facing a nightmare in the very place meant for professional growth? Carol Tomka's story, set nearly three decades ago, echoes the chilling experiences that, unfortunately, still resonate in today's workplaces. This episode brings to light the harrowing journey of Carol, who suffered sexual assault and harassment within the confines of her job at Sieler's Environmental Services. Your ears won't believe the denial and legal wrangling that ensued as we walk through the painful reality many face in silence. It's a grim reminder of why the fight against workplace sexual assault and harassment is far from over.

As we navigate the complexities of employer liability, Robert Bowe's investigation, and Sealer's internal decisions, we confront the sobering legal battles Carol endured. The courtroom became a battleground for defining the liability of employers under Title VII, with the Second Circuit weighing in on Sealer's responsibilities. This chapter of Carol's saga isn't just about the legalities; it's a crucial discourse on the mishandling of boundaries in professional settings. Listeners will gain a deeper understanding of the legal framework and the ever-important issue of maintaining respect and safety in the workplace.

Lastly, we dissect the legal twists in Tomka's case, scrutinizing the alleged retaliatory discharge and the role of trial in such disputes. This episode doesn't just recount the facts; it delves into the human aspect—the impact of employer actions on an individual's career and the complex dance of proving discrimination in court. By revisiting the Second Circuit's reversal and the settlement that followed, we stress the importance of clear definitions when it comes to supervisor roles and the conditions they create. Join us in a thought-provoking exploration that aims to arm employees with the knowledge to confront and overcome workplace challenges.

Link to Case Decision: Tomka v. Sieler Corp., 2d Cir. 
https://caselaw.findlaw.com/court/us-2nd-circuit/1321133.html

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

Could your company's efforts to foster diversity be paradoxically fueling discrimination? Unpack the complexity of corporate DEI programs with us, as we scrutinize their waning popularity and the alarming suggestion that these well-intentioned initiatives might actually be nurturing a new kind of racism and reverse discrimination. In an era where affirmative action and its ripple effects are under the Supreme Court's microscope, we dive into the legal and ethical quagmire faced by businesses striving to balance inclusivity with anti-discrimination laws. Through candid conversations and real-life narratives, we peel back the layers on the legal tightrope that companies walk as they navigate these transformative times.

This episode is not just a critique but a journey to understand the soul of corporate America's struggle with diversity. Listen closely as we confront the thorny issues surrounding race-based quotas and metrics, and how they might betray the very principles of equality and meritocracy they aim to uphold. With references to historical civil rights statutes and an analysis of current legal perspectives, we aim to provide a nuanced view of the ongoing debate. We don't shy away from the contentious—the experience of employees who feel marginalized by DEI initiatives, the debate over the validity of tools like Harvard's implicit bias test, or the case of alleged reverse discrimination at Morgan Stanley. Join us for an unflinching look at the challenges of achieving true equity in the workplace without infringing on individual rights.

Links:

https://capclaw.com/employers-dont-want-dei-to-succeed/
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
https://www.pionline.com/esg/wall-streets-dei-retreat-has-officially-begun
https://www.wsj.com/articles/reports-of-dei-death-are-greatly-exaggerated-implicit-bias-test-systemic-racism-f7122674?st=y9son25mrjp7w00&reflink=desktopwebshare_permalink
https://capclaw.com/wp-content/uploads/2024/03/Meyersburg-v-Morgan-Stanley.pdf

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Disclaimer: For educational use only, not intended to be legal advice.