Episode 24 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming back colleague Ben Wilkinson for their final talk on Department of Labor audits. Ben and Ari say conducting a multi-pronged self-audit of your business’s wage and hour practices can be key. They offer insight into 1) ensuring your employee classifications are correct; listen in for the fine points. Another area where businesses can strengthen their potential defense if (or when) they are audited by either the New York State or the US DOL is to 2) maintain accurate records and 3) hold on to them for the appropriate length of time. For the rest of their safeguarding tips, listen in to this quick bonus episode.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

It’s episode 23 of Barclay Damon Live: Labor & Employment Podcast. Join host Ari Kwiatkowski as she welcomes back her Barclay Damon colleague Rosemary Enright to discuss more on Department of Labor audits, this time with a focus on the New York State DOL’s Labor Standards Division, which has jurisdiction over any New York State employer. As previous guest Ben Wilkinson shared, there are several ways an employer can be targeted for an audit— they’re generally due to an employee complaint, another type of complaint, or random targeting. Rosemary notes that you may never know why, and the best response is cooperative compliance. Listen in for more on the NYS process, and stay tuned for a bonus episode on this topic.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

In episode 22 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her colleague Ben Wilkinson for further conversation about what to do when the US DOL is at your door. After the last episode provided background and context—and a reminder that the US DOL has no obligation to let an employer know if or when an audit will take place—Ben confirms that the best course for employers during an audit is to be as cooperative and communicative as possible. Tune in for more on the investigation phase, what the Fair Labor Standards Act covers, what types of records the US DOL will request, timeframes, and potential resolutions. And be sure to listen to the next episode, when Rosemary Enright returns to talk New York State DOL audits.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

In episode 21 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes another Barclay Damon colleague, Ben Wilkinson, to discuss US Department of Labor (DOL) audits. The first part of this multi-part series gives an overview of the DOL and what the agency oversees and enforces, including the Fair Labor Standards Act. The Occupational Safety and Health Administration (OSHA), the DOL’s Office of Inspector General, and its Wage and Hour Division (WHD) are also under the DOL umbrella. The WHD’s responsibilities include conducting audits to ensure minimum-wage compliance, and Ben and Ari discuss what types of employers are likely to be targeted. The series then goes further into how employers can respond to an audit and looks at the New York State DOL and its purview.

In episode 20 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Dr. Andrew Tisser of Sisters of Charity Hospital and host of the podcast “Talk 2 Me Doc,” where he discusses issues facing early-career physicians. In a turn of events, Andrew interviews Ari, with questions from his podcast listeners and social media followers. Starting with the basics—“Are physician contracts important?” (Answer: yes!)—Ari offers her take on the elements to consider regarding contracts for physician employers and employees at any career stage, including the time period covered by the contract, specified duties, practice locations, benefits, noncompete clauses, and more. Tune in now.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

In episode 19 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski reviews updated Equal Employment Opportunity Commission guidance with respect to vaccination laws and programs and Title VII and religious accommodations. Quickly covering the New York State vaccine rule, the Centers for Medicare & Medicaid Services mandate, and the OSHA Emergency Temporary Standard rule and how they interact with Title VII issues, Ari then describes the potential conflict created by the various rules and mandates, particularly as they apply to employees who want to opt out of vaccine mandates due to sincerely held religious beliefs. Listen in for more.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

In this brief episode of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives her last word (for now) on employment applications and employee handbooks, citing a niche 80s court decision having to do with an exception to New York’s at-will employment doctrine. In this case, Weiner v. McGraw-Hill, the court decided against the employer’s request to dismiss the case based on the plaintiff’s arguments that, despite the employee handbook stating that he could only be terminated for “just cause,” he had been terminated without just cause. With no employee contract or other formal agreement in place, the court found there was an implied employment contract. Something for employers to watch out for? Listen in for the details.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Episode 17 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski and her Barclay Damon colleague Megan Bahas concluding their conversation about employee handbooks. They discuss recommended and optional policies for employers to include in their handbooks; some are helpful to clarify issues and others in case the need arises to defend employment-related claims. Ari and Megan also delve into policies around timekeeping, benefits and vacation time, media and social media, employee conduct, and more. Touching on the National Labor Relations Board, they note NLRB regulations apply to all businesses, not just those that are unionized. Listen in for more.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Welcome to Barclay Damon Live: Labor & Employment Podcast, episode 16. This week, host Ari Kwiatkowski talks with Barclay Damon colleague Megan Bahas about employee handbooks. They start off with high-level questions, like, “When does an employer need a handbook?” “When don’t they?” “If you do need one, what should be in it?” Learn about how the number of employees, your industry, and your geographic locations can affect the requirements for your handbook and policies. Is a business’s workforce fully or partially unionized? That will have an effect as well. Learn more from this quick but mighty episode, and be sure to tune in to the next episode, the final in the series about employee handbooks.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

In episode 15 of the Barclay Damon Live: Labor & Employment Podcast, “Guide to Employee Handbooks: What’s New in 2022, Part 1, With Rosemary Enright,” host Ari Kwiatkowski welcomes back her Barclay Damon colleague to talk updates in requirements for employers regarding employee policies and handbooks. Are employee handbooks even required in New York? No, but for both employers’ and employees’ protection, if you have, say, 15 or more employees, it’s a good idea. They also discuss the still-in-effect Hero Act as well as changes to executive exemptions, paid sick leave, whistleblower protections, and more. And be sure to tune in next week when Barclay Damon’s own Megan Bahas joins Ari to dig even deeper into this critical topic.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.