Ground Rules: Employment Law Over Your Coffee Break

Under the ADA, disability discrimination isn’t limited to individuals with diagnosed conditions. Employers can get into legal trouble simply for assuming someone has a disability. In this episode of Ground Rules , Pam, Doug, and Jennifer break down the often-overlooked “regarded as” prong of the ADA. They walk through real-world litigation examples—from assumptions about mental health and addictio...

Unlimited paid time off sounds like a dream benefit—but is it really as simple as it seems? In this episode of Ground Rules , the hosts break down the pros and cons of unlimited PTO policies. From workplace culture and employee trust to performance management and legal landmines, they explore the practical and legal considerations every employer should weigh before jumping in.  *Ground Rules hosts...

When an employee is arrested, employers are often left with more questions than answers: Can we ask about it? Do we need to act now—or at all? What if coworkers feel unsafe? And what if the arrest doesn’t turn into a conviction? In this episode of Ground Rules: Employment Law Over Your Coffee Break , the hosts  unpack what employers should consider when facing these tricky situations. They explore...

In this episode of Ground Rules, the hosts tackle one of the most common (and frustrating) questions they hear from clients: “Can’t you just make this lawsuit go away?” From the average three-year lifespan of employment lawsuits to sky-high defense costs and unpredictable trial outcomes, the team breaks down why litigation is rarely quick—or simple. They share real-world experiences with court del...

In this thought-provoking episode of Ground Rules , the team sits down with Dr. Roger Hall, a business psychologist and leadership consultant, to explore the surprising psychology behind workplace decision-making. Drawing from behavioral economics, real-life research, and courtroom experience, Dr. Hall and the hosts unpack why leaders often delay proactive compliance steps, how emotion can overrid...

What do business coaching and employment law have in common? More than you'd think. In this episode, the hosts are joined by Mike Taylor, business coach and Chief Vision Officer of TaylorMade Visioneering. Together, they dig into how performance management, documentation, and coaching intersect with legal risk—and how organizations can protect themselves by doing it better. From panic hires a...

In this episode of Ground Rules , the hosts are joined by seasoned HR consultant Rhiannon Albert to unpack an often-overlooked compliance risk: workplace civility and respect. The conversation dives into how everyday behaviors—rudeness, exclusion, unchecked conflict—can quietly escalate into discrimination claims or toxic cultures that drive away top talent. With real-world examples and insights f...

In this episode of Ground Rules the hosts take on one of the most buzzworthy topics in the workplace today—artificial intelligence. From AI-powered hiring tools to workplace surveillance, they unpack the real-world uses, legal risks, and compliance must-knows for employers. The team shares recent case law, best practices for drafting AI policies, and the difference between generative and tradition...

In this episode of Ground Rules , the hosts dive into the complex and critical topic of retaliation claims in the workplace. The team breaks down why retaliation is one of the most common claims filed with the EEOC, accounting for 38% of all discrimination charges in 2024. They explain the legal framework behind retaliation claims, common scenarios that trigger them, and what leaders, supervisors,...

In this episode of Ground Rules: Employment Law Over Your Coffee Break , hosts Pam Howland, Jennifer Walrath, and Doug Plass of Idaho Employment Lawyers are joined by J.D. Houvener, a patent attorney and founder of Bold Patents Law. Together, they explore the fascinating intersection of employment law and intellectual property—especially how ideas and inventions created in the workplace can raise...

This conversation focuses on navigating mental health in the workplace, particularly under the Americans with Disabilities Act (ADA). The speakers discuss the obligations of employers regarding mental health conditions, the process for requesting accommodations, and the importance of identifying mental health issues that may affect performance. They also highlight common mistakes employers make, t...

In this episode, Pam Howland, Jennifer Walrath, and Doug Plass break down the latest trends coming from the EEOC, including recent communications on DEI initiatives, LGBTQ+ protections, and enforcement priorities under the Pregnant Workers Fairness Act. The team discusses how recent executive orders are signaling a potential shift in the legal landscape and what employers need to know to stay comp...

This conversation delves into the complexities of religious accommodations under Title VII, particularly in light of the recent Supreme Court case Groff v. DeJoy. The discussion highlights the evolving legal landscape, the obligations of employers to accommodate sincerely held religious beliefs, and the potential conflicts that may arise with LGBTQ+ protections. The hosts provide insights into the...

In this episode of Ground Rules, the hosts discuss the implications of employees working second jobs, particularly in remote work settings. They explore the legal considerations, the importance of having clear policies in place, and the need for effective communication between employers and employees. The conversation also touches on the significance of job descriptions, performance monitoring, an...

This conversation provides a comprehensive overview of the Pregnant Workers Fairness Act (PWFA), discussing its implications, scope, and the responsibilities of employers. The hosts emphasize the misleading nature of the act's name, the importance of understanding its broad coverage beyond just pregnant workers, and the necessity for employers to be aware of their obligations under the law. T...

In this episode, the hosts sit down with Ben Earwicker, Director of the Idaho Human Rights Commission (IHRC), to discuss best practices for responding to IHRC complaints, common pitfalls, and what employers can expect when working with the Commission. The discussion also covers the evolving role of the Equal Employment Opportunity Commission (EEOC) under the current administration, key changes in...

 In this episode of Ground Rules , the hosts are joined by special guest J.J. Despain, an immigration attorney from Wilner O’Reilly. The discussion focuses on key immigration issues affecting employers in 2025, including increased ICE enforcement and I-9 compliance. J.J. shares insights on best practices for employers, proactive measures to ensure compliance, and how to handle audits or unexpected...

In this conversation, the hosts discuss the critical role of employee handbooks in navigating employment law and workplace operations. They emphasize the importance of having updated policies to address new laws, workplace culture, and the need for clear guidelines to manage employee behavior and expectations. The discussion also highlights common pitfalls in handbook creation and the necessity of...

 In this episode, host Pam, Jennifer, and Doug discuss the latest trends and updates from the Equal Employment Opportunity Commission (EEOC). They explore recent executive orders, including one rolling back certain gender identity protections and another emphasizing merit-based hiring. The discussion highlights potential shifts in EEOC enforcement priorities, the impact of Supreme Court rulings, a...

In this episode of Ground Rules, the hosts discuss the current legislative landscape in Idaho and its implications for employers. Special guest Megan Egbert, a representative with the Idaho Legislature, shares insights on various topics including non-compete agreements, whistleblower protections, the Idaho Human Rights Act, and the impact of DEI initiatives. The conversation also touches on concer...

In this episode, Pam, Jennifer, and Doug discuss the critical issue of workplace harassment, focusing on the EEOC Checklists and Chart of Risk Factors for Employers. They explore how power disparities, coarsened social discourse, and alcohol consumption can impact workplace culture. The conversation emphasizes the importance of training, leadership engagement, and staying updated on legal changes...

In this episode of Ground Rules, the hosts discuss the complexities of love in the workplace, particularly around the legal implications of workplace romances. They explore the concept of power disparity, the role of the EEOC in addressing workplace harassment, and the importance of having clear policies in place. The conversation also covers the idea of love contracts as a potential tool for mana...

In this episode, the hosts and special guest Jennifer Hooft discuss the recent executive orders related to diversity, equity, and inclusion (DEI) and their implications for employers and business practices. They explore the importance of maintaining fairness in the workplace, the impact of political changes on workplace culture, and the necessity of legal compliance and risk management. The conver...

In this episode, the hosts discuss the role of the EEOC in enforcing employment laws and the importance of workplace investigations. They highlight recent trends in EEOC cases, particularly regarding employers' failures to adequately investigate complaints. The conversation emphasizes the need for employers to take complaints seriously, conduct thorough investigations, and ensure proper train...

In this episode of Ground Rules, the hosts discuss various aspects of employment law with guest Emily McMaster, who provides insights from her experience representing both employers and employees. The conversation covers trends in employment law, the complexities of equal protection claims, the impact of religious beliefs and sexual orientation on workplace dynamics, and the importance of creating...