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This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

Are whistleblowers the unsung heroes of corporate accountability? In our latest episode, we promise to unravel the transformative impact of the Supreme Court's decision in Murray v UBS Securities LLC. This pivotal ruling from February 2024 marks a seismic shift, as whistleblowers no longer need to prove retaliatory intent under the Sarbanes-Oxley Act. We guide you through the implications of this landmark change, exploring how it empowers those who speak up against corporate fraud by only requiring proof that their whistleblowing was a contributing factor to negative treatment. Companies now face the challenge of proving their actions against whistleblowers are justified and unrelated, adding a new layer of accountability.

We also have an engaging conversation about the broader repercussions on corporate culture. Discover why fostering environments where ethical behavior is celebrated and whistleblowers are valued as guardians of integrity is more crucial than ever. We offer practical advice for potential whistleblowers, from documenting misconduct to seeking expert legal guidance, while acknowledging the emotional and financial hurdles they might encounter. This episode underscores the need for organizations to genuinely embrace ethical practices, moving beyond mere legal compliance, and showcases the courage required for individuals to step into the spotlight despite potential risks. Join us in this essential dialogue about reshaping corporate ethics and accountability.

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.

This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

Can technology uphold fairness, or is it silently perpetuating bias? Discover the complex world of AI in the hiring process as we unravel the case of Derek Mobley versus Workday Inc. Mobley, a black man over 40 with mental health conditions, challenges the algorithms that he claims have unjustly barred him from over 100 job opportunities. Despite the court's decision not to categorize Workday as an employment agency, the episode prompts a pivotal discussion about the responsibilities HR tech companies might bear when their software influences employment outcomes. We grapple with the concept of disparate impact discrimination and what it means when unintentional practices result in a skewed playing field for protected groups.

From the courtrooms to the broader tech landscape, the implications of this case ripple across the HR industry and beyond. We weigh the necessity for transparency, accountability, and fairness in algorithmic decision-making while acknowledging the delicate balance with innovation. Listen as we delve into the potential for increased scrutiny and regulation of HR tech companies, and encourage job seekers to critically engage with the data that drives these systems. Join us in exploring how technology shapes our employment landscape and what needs to change to ensure it does so equitably.

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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Uncover how some employers are still clinging to forced arbitration in sexual harassment cases, sidestepping federal prohibitions, and what that means for you. We'll break down the 2022 law signed by President Biden, aimed at eliminating forced arbitration, and celebrate the pivotal role Gretchen Carlson played in driving this reform. You'll learn about the legal challenges some big-name companies like Tesla and CVS have faced and gain a better understanding of the legal framework, including the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA).

Join us as we navigate the evolving landscape of employment law, spotlighting the recent legal victories that empower employees, especially in hostile work environments. From landmark decisions to strategies for leveraging local laws with the help of employment attorneys, we'll equip you with the knowledge to tackle legal challenges head-on. Hear about key cases like Teyo Johnson's and gain insights on filing complaints, negotiating severance, and resisting forced arbitration's grip on valid claims.

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.

This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

What if the future of workplace dynamics hinges on a single legal battle? This episode unpacks the groundbreaking case of former NFL player Teyo Johnson's lawsuit against EveryRealm and its CEO, Janine Yorio, centered around allegations of sexual harassment and a controversial "KYP game." As we navigate this complex legal landscape, we highlight the transformative Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which empowers employees to sidestep mandatory arbitration and take their claims to court. This pivotal shift could redefine how companies address workplace harassment, ushering in a new era of accountability and employee empowerment.

We explore the significance of understanding employment contracts and the invaluable role of meticulous documentation when facing harassment or discrimination. Johnson's experience serves as a crucial reminder of the enduring importance of respect, fairness, and accountability, even in the rapidly evolving metaverse work environment. By examining how laws like Title VII and the New York City Human Rights Law are applied, this conversation sheds light on the evolving legal system that supports employees more than ever. Join us as we discuss how Johnson's case could reshape power dynamics in workplaces and encourage companies to take proactive steps against harassment.

Click here to read the case decision in Teyo v. Everyrealm 22 civ 6669 (SDNY Oct. 6 2022).

This episode involves the Johnson v. Everyrealm, Inc. case, where a former employee sued his employer and executives for race and pay discrimination, sexual harassment, and retaliation. The employer sought to compel arbitration based on an employment agreement, but the employee argued that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2021 prevented this. The court ruled that the employee's sexual harassment claims, plausibly alleging unwanted gender-based conduct in New York City, were sufficient to invoke the EFAA. Consequently, the court denied the employer's motion to compel arbitration, allowing the entire case to proceed. The court's decision hinged on interpreting the EFAA's scope to encompass the entire case, not just the sexual harassment claims.

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.

This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

What if a groundbreaking law could redefine how we handle sexual harassment claims in the workplace? Join us as we unravel the gripping case of Olivieri v. Stiefel, a corporate drama wrapped in legal intrigue and power struggles. Patricia Olivieri, a former client services associate, is not just fighting against alleged sexual harassment but is also challenging the constraints of her prior arbitration agreement, thanks to the new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Discover how this pivotal legislation might enable her to bypass arbitration and take her allegations of misconduct and retaliation straight to court, setting a legal precedent that could impact corporate accountability across the nation.

In this episode, we dive deep into the allegations against Olivieri's manager, Neil Eiler, whose inappropriate behavior pushed Olivieri to her limits. From graphic discussions to unwanted physical contact, her journey through reporting and retaliation reveals a complex narrative of workplace harassment. As Stiefel's internal investigation unfolds, led by HR's Zach Anderson, we explore the nuances of legal accrual and the implications of the EFAA on Olivieri's case, especially after her return from maternity leave. This episode promises to shed light on how these developments could transform workplace harassment litigation, exposing the tensions and tactics within corporate walls.

Click here to read the case decision Olivieri v. Stifel, Nicolaus & Co. 112 F.4th 74 (2d Cir. 2024)

The Second Circuit Court of Appeals affirmed a lower court's decision in Olivieri v. Stifel, rejecting the defendants' motion to compel arbitration. The case centers on whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) applies to the plaintiff's claims of retaliatory hostile work environment. The court determined that the plaintiff's claims, which accrued after the EFAA's enactment due to the continuing violation doctrine, fall under the EFAA's purview, thus rendering the arbitration agreement unenforceable. The court addressed and rejected arguments concerning the EFAA's retroactive application and the definition of "sexual harassment dispute." The ruling confirms the plaintiff's right to pursue her case in federal court.

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 you spot the signs of deceit in your workplace recruitment process? Join us on the Employee Survival Guide as we expose the unsettling reality of fraudulent inducement tactics some employers use to lure talent away from secure jobs. Drawing from my extensive legal experience and real-life client cases, we uncover the unlawfull practices where false promises about job roles lead to unexpected terminations, often within a year. Learn about the illegal deceptive recruitment strategies and understand the importance of building a detailed narrative to support claims of fraudulent inducement.

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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Unlock the complexities of the ongoing legal battle over non-compete agreements with the latest episode of the Employee Survival Guide. Discover the intricacies of the Federal Trade Commission's attempt to ban these agreements, and how a Texas federal court's decision to halt the rule nationwide on August 20, 2024, has tipped the scales against employees. With the FTC not backing down, their appeal to the Fifth Circuit Court of Appeals could be a game-changer. We'll dissect the unfolding timelines, including the FTC's appeal brief deadline on January 2, 2025, and discuss what these developments mean for the future of non-compete clauses in employment contracts.

Join me, Mark, as we navigate through the intertwined legal proceedings of the Ryan LLC v. FTC case in Texas and the ATS Tree Service LLC v. FTC case in Pennsylvania. Judge Kelly Hodge's recent ruling against ATS's motion to pause proceedings adds another layer of intrigue, as ATS faces the unusual scenario of challenging a rule already stopped nationwide. We'll explore Judge Hodge's reasoning and its implications for the legal landscape, all while keeping an eye on how these cases could redefine the boundaries of non-compete agreements. Tune in for an analysis that will keep you informed and engaged in the ever-evolving world of employment law.

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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Unlock the mysteries of employee speech rights within private companies and discover the surprising realities that might affect you. Have you ever questioned whether your freedom of speech truly extends into the workplace? We'll unravel the limitations of the First Amendment for private workers and spotlight when speech is, in fact, protected under laws like the National Labor Relations Act and whistleblower statutes. With examples from state-specific protections such as Connecticut's General Statutes 31-51Q, this episode empowers you with the knowledge to navigate workplace speech with caution and confidence. Whether you're speaking out on public matters or simply trying to understand company policies, grasp the nuances of your legal standing and know when it’s time to consult a legal expert.

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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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.