In episode 14 of the Barclay Damon Live Labor & Employment Podcast, Ari welcomes back her Barclay Damon colleague Scott Rogofffor the last segment in their “Can I Ask That?” series. They discuss employee interviews, including preparation, question phrasing, and what to put in your notes (and what not to). They advise interviewers to aim for consistency and be an active listener, also sharing pointers on what to do if an applicant discloses protected information. Accommodations for people with disabilities during interviews is another important topic, as well as keeping the focus on the job requirements, rather than on the applicant’s personality or interests. Be sure to tune in to for Ari’s next episode, about workplace policies.

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 13 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her Barclay Damon colleague Scott Rogoff to continue their conversation, “Can I Ask That: Job Postings and Applications, Part 2.” Ari and Scott explore questions that can (and cannot) be asked during the job application or interview process. Touching on what to do if an applicant volunteers prohibited information, such as salary history, criminal record, or drug use, they also explore how to get information that is allowed and what the process is under the allowable approaches. Don’t miss it, and tune in for the next episode, where Scott and Ari go in depth on conducting interviews.

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 12 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon colleague Scott Rogoff for a three-part series: “Can I Ask That: Job Postings and Applications.” Ari and Scott lay the groundwork about the laws in play around job descriptions, applications, interviews, and job offers. They describe both traditional and newer protected groups of people, also known as classes, delving into the nuances of eliciting relevant information you need during an interview—and avoiding information you don’t need and questions you can’t ask. Listen closely for important tips, and tune in next time for part two with Scott and Ari.

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 11 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski introduces listeners to a Barclay Damon colleague, Brienna Christiano, as they discuss the two-part New York HERO Act (that’s the NY Health and Essential Rights Act), which addresses employees’ rights and employers’ responsibilities regarding occupational exposure to airborne infectious diseases. In this episode, another in Ari’s COVID-19 series, topics range from how the HERO Act was enacted to ways employers can find resources to help make sure they’re staying with the plan—including late-breaking news about Governor Hochul lifting the New York mask mandate and employees’ rights to form safety committees. Tune in for the latest!

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 week’s episode, Ari welcomes back Rosemary Enright, Barclay Damon’s Labor & Employment Practice Group leader, to go over recent updates to the Centers for Disease Control and Prevention’s COVID-19 quarantine and isolation guidelines that have been adopted in New York State. Following up on their conversation from Episode 2, Ari and Rosemary talk about the difference between quarantine and isolation, when to start the clock on the number of isolation days required, and what is involved with getting an affirmation of isolation as proof for employers. Tune in to learn 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.

This week, Ari describes the key things employers should know about the “Key to NYC” and New York City workplace vaccination requirements, clarifying the two separate executive orders that former New York City Mayor Bill de Blasio issued in December of 2021. She answers questions the public (i.e., patrons and customers) as well as employers and employees have regarding proof of vaccination. She also addresses who the orders impact, what they mean, and what, if any, the exemptions are. Tune in to hear Ari’s revealing fact this week.  

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 8, Ari gives an overview of the New York State mask mandate for employers, answering essential questions that business owners and management across many industries might have. Ari assures her audience that the podcast covers a lot about COVID-19 to keep everyone abreast of the quickly shifting environment that still exists. This episode provides the latest information, breaking news, what applies to whom (and what doesn’t) as well as exemptions, accommodations, and what constitutes a properly fitting mask. Can workplaces mix and match between requiring masking or proof of vaccination? There is some wiggle room, says Ari. Tune in to this week’s episode to learn 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 week’s episode, host Ari Kwiatkowski covers the impact of breaking Supreme Court news regarding the OSHA vaccine mandate. Ari, an avowed SCOTUS nerd, reviews the reasons that the justices struck down the OSHA mandate, while upholding that of the Centers for Medicaid & Medicare Services. With their assessment, the Supreme Court said that OSHA overstepped its authority, veering into the public health arena. Ari reminds employer-listeners that they are still able to enact their own vaccination mandates, and she also explores what’s next for these issues. As Ari points out, the SCOTUS decision is far from the last word! Stay tuned for more updates.

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 6, host Ari Kwiatkowski gives listeners the low-down on what various types of employers should know if they aren’t covered by the CMS and OSHA COVID-19 vaccination mandates. Are you required to have a mandatory vaccination policy? Can you? Listen in as Ari explains the ins and outs of exemptions and accommodations—both for medical reasons and for sincerely held religious beliefs—and current guidance from the ADA, Title VII of the Civil Rights Act, and the EEOC. She discusses the ramifications of offering on-site vaccines and more! In next week’s episode, Ari will explore New York State’s new mask mandate. 

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 5 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski continues her conversation on COVID-19 workplace issues, including vaccine mandates and New York State rules. In this third COVID-19 episode, and the second part of her conversation with colleague Michael Sciotti, they dig deep into the OSHA vaccination and testing emergency temporary standard (ETS). What does it mean for employers? Can employees ask about their coworkers’ COVID-19 status? What is acceptable in terms of proving an employee’s vaccination or test status? Why should employers track the status of employees that work 100 percent remote? Get the answers here. 

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.