K Gates Working Wise

In this episode, Erinn Rigney discusses a recent Seventh Circuit court decision that opens the door for job applicants to assert claims of disparate impact under the Age Discrimination in Employment Act (ADEA).

Presenters: Erinn L. Rigney

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In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division (WHD) of the DOL. The program aims to facilitate resolution of potential overtime and minimum wage violations of the federal Fair Labor Standards Act (FLSA).

Presenter: Leann Walsh

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In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of the Fair Labor Standards Act (FLSA). The Court's decision to reject the narrow construction of FLSA exemptions may have broad-reaching implications for employers.

Presenter: David C. Lindsay

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In this episode, we discuss issues employers should be aware of regarding the ever-increasing number of state and local laws that require employers to provide paid sick leave.

Presenter: Daniel P. Hurley

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB in 2018.

Presenters: Mark S. Filipini

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable accommodation, what an employer should request, difficult leave requests (indefinite leave, excessive leave, and intermittent leave), and normal elements of accommodation law, and concludes with a recent case from the Seventh Circuit that may be a roadmap for other courts.

Presenters: John M. Farrell

In this episode, we highlight white collar exemptions to the overtime requirements of the federal Fair Labor Standards Act (FLSA) -- an overview of FLSA overtime requirements and the white collar exemptions to those overtime requirements; a summary of the Department of Labor's efforts to revise the overtime exemptions since 2016, including the current state of changes to the exemption; and tips for ensuring compliance with current regulations and preparing for the anticipated upcoming changes.

Presenters: C. Bryan Cantrell

In this episode, we highlight considerations for employers as marijuana laws continue to evolve around the country -- testing challenges; state protections from employer discrimination for off-duty use; on-duty versus off-duty use of marijuana; federal versus state enforcement; and inclusion of marijuana in company policies on drug use.

Presenters: Bridget Blinn-Spears

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In this episode, we discuss best practices in connection with conducting internal investigations -- what kinds of events trigger the need for an internal investigation; elements of an appropriate investigation; who should handle the investigation; conducting interviews of witnesses, the complaining witness, and the accused; the investigative report; and corrective actions.

Speaker: Vincent N. Avallone

The Working Wise podcast series has been created by the K&L Gates Labor, Employment and Workplace Safety practice to provide updates and compliance tips to lawyers and HR professionals.

In this episode, we discuss best practices and risks relating to issues such as forced labor, child labor and human trafficking in global supply chains. Following the passage of the UK Modern Slavery Act (and earlier related legislation in the U.S.), several other countries have introduced or passed legislation in this area that impacts global companies. Just recently, the U.S. Department of Labor issued a news release that included information about new research and a new app called "Comply Chain" to help businesses combat child labor and modern slavery, as well as a new version of the "Sweat and Toil" app that provides relevant data about labor practices and risk organized by country and product type.

Speaker: Amy Groff