The Job Judge

By The Job JudgeBusiness Careers

The Job Judge episodes

August 08, 2024 Allegations of Sexual Harassment Against Top Aide in Governor Shapiro’s Office
"I'll be the judge of that!"
In this episode, Karen discusses the resurfaced allegations of sexual harassment against a top aide in Pennsylvania Governor Shapiro's office. The aide, a Republican, is accused of making repeated sexual advances and lewd comments towards a female employee, who had filed a complaint with the Human Relations Commission in June 2023. The settlement, worth $295,000, was agreed upon in September and then the aide resigned. Karen emphasizes that these are just allegations and no lawsuit was filed. The employee had taken a significant pay cut to work for Governor Shapiro’s office but soon felt uncomfortable due to the aid's alleged inappropriate behavior. The accuser alleges that a staff member made unwanted sexual advances and inappropriate comments towards her. The accuser alleges that she first complained of the alleged misconduct to human resources on March 3, 2023 but the aide did not resign until late September.
In our "Ask the Job Judge" segment, Karen discusses a manager's unprofessional handling of an employee's absence due to being in the ER and the importance of fairness and professional communication when terminating employment.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
20 min
August 03, 2024 Pay Employees Right or Pay Up Later – The Job Judge Explains the Risks of Violating Federal Pay Laws
"I'll be the judge of that!"

Karen discusses the Fair Labor Standards Act (FLSA) and common misconceptions regarding employee compensation, specifically regarding meal periods and overtime. She emphasizes the importance of employers correctly classifying employees as exempt or non-exempt, and the potential financial consequences of misclassification. She also clarifies that employers are not required to provide meal periods, but if they do, they must pay employees for that time. Contrary to popular belief, employees are entitled to be compensated for all hours worked during a work week, including on-call time, training, and travel time.

The Job Judge also answers the question of whether employees should be required to share a hotel room when traveling for work.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
21 min
July 25, 2024 Employee Surveys: Why They Fail and How to Fix Them
"I'll be the judge of that!"
In this episode of the Job Judge, Karen discusses the widespread frustration among employees regarding the ineffectiveness of employee surveys and exit interviews. Despite many companies’ good intentions, they often fail to act on the feedback received, leading to employee dissatisfaction. Karen emphasizes the importance of actionable surveys, shorter and more focused on specific issues, and the value of direct interviews over anonymous electronic surveys. She shares examples from her legal and HR experience, illustrating how neglecting survey feedback can result in legal liabilities and employee disengagement. Karen advocates for frequent, intentional surveys, genuine follow-up, and direct communication to improve workplace culture and trust. She concludes by addressing a trivial workplace complaint to highlight the need for resilience and discernment in addressing employee issues.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
17 min
July 18, 2024 Bias in Hiring? A Black Man Sues Alleging His Name Got Him Rejected
"I'll be the judge of that!"

In this episode we discuss Dwight Jackson who is a Black man alleging he was denied an interview when he applied for a job using his real name but was given an interview when he applied using a more Caucasian-sounding alias name. He has sued the hotel where he applied, and the hotel has responded. While that case is pending litigation, we discuss the reality of workplace bias and give specific guidance on best interviewing and recruitment practices to avoid bias and discrimination – and we also discuss favoritism in the hiring process. We also answer a question from a follower on TikTok on what to do if you are being bullied at work and what rights you have under the law.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
19 min
July 08, 2024 Can You Get Fired for What You Post on Social Media?
"I'll be the judge of that!"
In this episode, Karen discusses the misconceptions surrounding social media and the workplace, and whether one can be fired for what they post on social media. She debunks the idea that personal social media sites and private Facebook chats are protected by privacy laws, as anyone in the chat could share the information. She also clarifies that private sector employees do not have First Amendment rights in the workplace, as the First Amendment only applies to government action. Private sector employees do have rights under the National Labor Relations Act to engage in concerted protected activity for mutual aid and protection, which includes discussing working conditions collectively on social media. However, certain controversial posts on social media can lead to discipline or termination, as demonstrated by several cases. Overall, Karen stresses the importance of being mindful of social media activity and understanding the potential consequences for one's employment.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
22 min
June 27, 2024 Can You Talk About Pay with Your Coworkers? - Employee Protections and Employer Obligations
"I'll be the judge of that!"
Employees have the right to discuss their wages for many reasons, and employers cannot prohibit them from doing so. The National Labor Relations Act protects employees' rights to engage in conversations about their wages, even before a union is formed. However, this only applies to non-management employees in private sector organizations. Federal contractors are also governed by the Executive Order 11246, which includes a provision on pay transparency. This means that any employee or job applicant who works for or applies to work for a federal contractor has the right to discuss their wages. Employers who attempt to prevent employees from discussing their wages may face legal repercussions. It is important for employers to understand these laws and ensure they are not violating their employees' rights.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
14 min
June 20, 2024 Two Employers With Allegations of Harassment – Which One Got it Right?
"I'll be the judge of that!"
This episode covers the tale of two harassment allegations in the same industry, where one employer did everything right and the other did everything wrong. The first case discussed is that of the Pinellas County Sheriff's Office, where the employer handled the harassment allegations transparently and terminated the employment of the accused deputy for violating the office's policy prohibiting sexual harassment and discrimination. Wait until you hear the accused’s excuse! The second case also involves law enforcement including a groping and wait until you hear his excuse! That employer did everything wrong. She also highlights the role of bystanders in addressing bad behavior and emphasizes the need for a safe and supportive workplace culture to prevent such incidents. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
22 min
June 13, 2024 Dating at Work: Green Lights, Red Flags & How to Avoid Disaster with The Job Judge
"I'll be the judge of that!"
In this episode of The Job Judge podcast, Karen discusses workplace romances and whether they are a good idea. She categorizes workplace behavior into three categories: never ever, maybe, and go. She advises that supervisors should never date anyone within their chain of command, while coworker relationships fall into the maybe category. Karen warns that workplace romances can quickly become a nightmare for HR and advises against engaging in any secret behavior. She also highlights that individuals who break up with a workplace partner should not assume the risk of being sexually harassed and should report any harassment to HR. According to Forbes, 60% of adults have had a workplace romance, with 43% leading to marriage. However, 40% of workplace romances involved cheating on an existing partner, leading to increased gossip and perceptions of favoritism. Karen concludes that while workplace romances can be successful, individuals should be cautious and consider the potential risks and complications.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
21 min
May 31, 2024 Not Every Hostile or Retaliatory Workplace is Legally Actionable
"I'll be the judge of that!"
In this podcast episode, Karen discusses the legal definition of a hostile work environment and retaliation under federal law. She uses a recent case out of South Carolina, where a woman named brought a case against her former employer, the South Carolina Probation, Parole, and Pardon Services, as an example to explain the legal process of filing a claim of discrimination, harassment, or retaliation. Karen explains that not all hostile work environments are legally protected, and there are certain elements that have to take place before someone can successfully make a claim of retaliation. She also emphasizes that when an employee files a claim, they have to first go to the Equal Employment Opportunity Commission, and then federal court if necessary. Michael advises employers to create safe, civil, and legally compliant workplaces to avoid lawsuits and to ensure their workplaces work for everyone.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
16 min
May 23, 2024 Is Age Holding You Back? How to Fight Workplace Age Discrimination
"I'll be the judge of that!"
In this episode, Karen explores the case of Rodney Martinez, a 59-year-old part-time product associate at a New England grocery chain called The Market Basket, where he sued his employer for age discrimination after he was passed over for promotion in favor of younger employees. The case highlights the prevalence of age discrimination in the workplace, which is prohibited by the Age Discrimination in Employment Act. The lack of a fair and objective promotion process can lead to favoritism and discrimination, making it crucial for employers to implement a formal system for promotions.
The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
15 min

About The Job Judge

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The Job Judge Podcast is a podcast for anyone who works with a special emphasis on advice for managers and HR professionals. This is not legal advice! Engaging and informative, it’s a…