Explore the complex intersection of agency inquiries and workplace confidentiality in this episode of the Hiring to Firing Podcast. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partner Abbey Hazlett to delve...more
Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more
A recent survey by Pew Research Center found that most Americans are not in favor of involving artificial intelligence (AI) in the hiring process. In fact, 66% said they would not want to apply for a job with an employer that...more
The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more
Are your employees consistently taking extended lunch breaks? Are they frequently absent or keeping their cameras off during video conferences? If so, they might be "moonlighting" while on the clock. Listen in as Partners...more
Companies can profit off their top employees by using their name, image, and likeness. However, there are limitations on an employer's rights to do so. Troutman Pepper Partners Tracey Diamond and Evan Gibbs chatted with...more
Generative artificial intelligence (AI) has seemingly infiltrated every aspect of corporate America, and organizations’ legal, compliance, and human resources departments are understandably struggling to keep pace with its...more
According to a 2020 “Report on Diversity in U.S. Law Firms” from the National Association for Law Placement, only 10% of all law firm partners are people of color. Of all associates, 12% are Asian Americans, 5% are Black, and...more
Corporate theft can happen in any workplace, but in the world of financial services, the theft can also create regulatory and litigation exposure for financial institutions. What type of employee is most likely to steal from...more
For better or worse, generative AI is everywhere. Many companies are asking themselves: "Do we run from it or embrace it? What role can generative AI play in the workplace, and what should we do to stay ahead of the...more
Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more
Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more
7/27/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
High performers are crucial to organizational success but often are accompanied by challenges and sometimes even legal risks. Listen in as Partners Tracey Diamond and Evan Gibbs chat with Shiftsmart Senior Vice President of...more
What effects can employee burnout have on your company? Does your productivity, work product, and overall employee morale suffer when there is employee burnout? Can employee burnout lead to safety issues and a potential...more
Summary -
On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more
7/3/2023
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
George Costanza, a character from the classic sitcom "Seinfeld," is the original "quiet quitter," a term used for employees who do the bare minimum at work. Hear from the master himself...
Originally published in Law360 -...more
Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more
What does your management style say about you? Do you demand perfection from your team? Is perfectionism a double-edged sword? Partners Tracey Diamond and Evan Gibbs sit down with Elise Holtzman, founder of The Lawyer's Edge,...more
Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more
6/16/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Disability Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Title VII
Sometimes it’s not what you say, but how you say it. What’s the best approach to managing and getting the most out of your employees? Are there gender and generational challenges to administering performance management...more
How do you determine when an employee is impaired at work? How do you detect drug use in a remote work environment? When can you ask an employee to take a drug test? Partners Tracey Diamond and Evan Gibbs sat down with...more
The TV drama miniseries “WeCrashed” follows the rise and fall of what was once one of the most valuable startups, WeWork Inc., founded by Adam Neumann with the assistance — and occasional hindrance — of his wife,...more
Most companies know that they can't demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with...more
5/2/2023
/ Bias ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Netflix ,
Podcasts ,
Risk Management ,
Unconscious Bias
What responsibilities do managers and coworkers have to prevent or stop harassment in the workplace? Is silence just as bad as the harassment itself? Partners Tracey Diamond and Evan Gibbs sit down with Megan Bigelow,...more
George Costanza was the master at “quiet quitting” — the latest term for employees who do the bare minimum. Have your employees joined this trend? Is production down in the office? Partners Tracey Diamond and Evan Gibbs sit...more