The Labor and Employment Podcast

Rosemary Enright and Mike Sciotti welcome their Barclay Damon colleague Rob Thorpe to discuss the rise in ADA-related website accessibility lawsuits, especially against businesses (and employers) with public-facing websites. Rob explains common claims involving screen-reader access, e-commerce barriers, and insufficient accessibility information. He discusses legal uncertainty, frequent filers, an...

In Part 2, Rosemary Enright and Michael Sciotti take a deeper dive into the legal and practical considerations surrounding criminal convictions in the hiring process. They discuss how employers might conduct individualized assessments, examine the relationship between a conviction and the position at issue, and cover documenting decision-making to reduce legal risk. The discussion also highlights...

Join Rosemary Enright and Mike Sciotti as they delve into strategies for addressing criminal convictions in the hiring process. They emphasize compliance and discuss eliminating criminal conviction questions from job applications. Noting the existence of “serial filers,” Mike and Rosemary suggest that the safest response is to encourage people to apply without engaging in the details. And during i...

In this episode, Rosemary Enright and Michael Sciotti delve into the intricacies of labor laws concerning meal and break periods in New York State. They discuss factory versus non-factory worker rules, employee rights, employer obligations, and practical strategies to ensure compliance while managing employee expectations. Listen in!

In this episode, Rosemary Enright and Michael Sciotti discuss more essential topics for employee handbooks, including electronic monitoring, direct deposit, the HERO Act, job descriptions, and more. They emphasize the importance of compliance with New York labor laws and provide insights on best practices for employers. The conversation also covers topics such as paid prenatal leave, conflict of i...

In this episode, Rosemary Enright and Michael Sciotti continue their conversation about employee handbooks, here diving deeper into codes of conduct. It’s true, the code of conduct can create legal risk if it’s overly broad, vague, or attempts to list every possible rule. Rosemary and Mike suggest balancing clear expectations with practical prohibitions. Topics include challenges regarding policie...

In this episode, Rosemary Enright and Michael Sciotti discuss critical components of employee handbooks, focusing on codes of conduct and social media policies. They emphasize the importance of having clear expectations and prohibitions, the implications of the National Labor Relations Act, and the need for context in handling workplace issues such as insubordination and safety concerns. The conve...

In this episode, Rosemary Enright and Michael Sciotti revisit the Trapped at Work Act, focusing on key changes, clarifications, and implications for employers and employees. They explore the new effective date, core rules, and specific exceptions, particularly regarding tuition repayment. The conversation emphasizes the importance of compliance, the need for clear agreements, and the potential pen...

Rosemary Enright and Mike Sciotti continue their discussion on employee handbooks, focusing on workplace accommodations and leave policies under New York State and federal law. Emphasizing that handbooks should serve both as employee education tools and as an employer’s first line of defense in litigation, they discuss the “big four” accommodations: disability, religion, domestic violence, and pre...

In this episode, Rosemary Enright and Michael Sciotti discuss the critical elements of employee handbooks, focusing on EEO policies, the importance of updates, and the necessity for clear communication regarding accommodations and leave policies. They emphasize the legal implications of having (or not having) a well-structured handbook. The conversation also touches on the significance of electron...

They’re back for Episode 2! Listen in as Rosemary Enright and Michael Sciotti discuss the Trapped at Work Act, which prohibits employers in New York State from requiring employees to repay money if an employee leaves their job before a specified timeframe. Using specific examples, Rosemary and Mike explore who is affected by the act, the implications for employers, and the importance of compliance...

To launch the fourth season of our Labor & Employment Podcast , host Rosemary Enright is joined by a new podcast partner, Barclay Damon’s Mike Sciotti. Rosemary and Mike discuss significant changes in New York State's minimum wage laws, including the implications of salary threshold increases and the importance of understanding wage orders. They explore the nuances of employee classificati...

Lee and Rosemary continue their conversation about essential considerations for employers as the year end approaches. Diving right in with bonuses, they emphasize the importance of clear communication regarding bonus eligibility and criteria to prevent misunderstandings. They touch on the implications of bonuses for leave and tax considerations and on the pitfalls of one-size-fits-all bonus struct...

Welcome back, Rosemary! In this episode, Lee and Rosemary take their usual no-nonsense approach to the sometimes-fraught topic of the office holiday party. The conversation encompasses essential considerations for employers, like inclusivity, alternatives to traditional parties, dress codes, and tactics to manage alcohol consumption. Using the Six Ps Rule (“prior proper planning prevents poor perf...

In this quick solo episode, Barclay Damon’s Lee Jacobs discusses the complexities of meal credit regulations in New York State. He covers the various categories of employees who might be included, and, as always, emphasizes the importance of compliance—for good communication, to foster a smoothly running workplace, and, importantly, to avoid penalties. Lee also explores the cost-benefit analysis o...

In another solo episode, Barclay Damon’s Lee Jacobs lays out the intricacies of the uniform credit in New York State. Even if you’re not an employer or employee in the hospitality industry, there is a lot of important information here. Many industries, including retail and health care, require uniforms, so listen in as Lee covers the definition of uniforms, employer responsibilities regarding unif...

No mysteries here! This episode of Barclay Damon Live: Labor & Employment Podcast discusses the topic of tipping, specifically focusing on the tip credit in New York State. In a quick solo episode, Lee Jacobs explains what a tip credit is and how it affects the minimum wage for tipped employees. He also discusses the requirements for taking the tip credit, including giving notice to employees...

In the latest episode of Barclay Damon Live 's Labor & Employment Podcast , Lee Jacobs and Rosemary Enright continue their deep dive into all things overtime, extending into the complexities of joint employment and the common mistakes employers may make when calculating overtime pay. They highlight the issue of joint employment in the restaurant (and other) industries, where employees migh...

In this episode of Barclay Damon Live 's Labor & Employment Podcast , Lee Jacobs and Rosemary Enright dive even deeper into the topic of overtime, moving into higher-level concepts to answer your questions about overtime pay. From clarifying that the “workweek” is not necessarily Monday to Friday and is open to interpretation to helpful real-life examples, they also explain (and demonstrat...

Lee Jacobs and Rosemary Enright continue their conversation about the intricacies of overtime rules. Iterating their reassurances that if employers are following previously discussed federal and New York state guidelines, they should not have to be concerned, they deep dive into topics such as exemptions, damages calculations, and pay frequency. Using cautionary tales (Lee’s “horror story” real-li...

Lee Jacobs and Rosemary Enright discuss overtime rules and exemptions, assuring listeners that if they’re following New York law, they are in compliance with the new federal overtime rules. They further address confusion surrounding the salary threshold and pay frequency, explaining the three main exemptions: executive, administrative, and professional. With their characteristic detail and real-li...

Longtime host Ari Kwiatkowski is back, fittingly frommaternity leave, to discuss the Pregnant Workers Fairness Act (PWFA)regulations. The PWFA requires employers to provide reasonable accommodationsfor known limitations related to pregnancy, childbirth, and associated conditions. In this solo episode, Ari provides an overview of the law, its requirements, andwhat constitute known limitations, qual...

In this continuation of Lee Jacobs’s and Rosemary Enright’s conversation on offboarding, the co-hosts’ topics include the importance of sending timely notices of termination and unemployment insurance forms to terminated employees. They maintain that employers should refrain from providing written reasons for termination, and they discuss the different processes for voluntary and involuntary termi...

Lee Jacobs and Rosemary Enright discuss the importance of employee offboarding and provide guidance on how to effectively navigate the process. The conversation highlights the risks of not having a formal offboarding policy that considers data security and ensures a smooth transition, whether the employee is leaving voluntarily or not. They discuss the importance of having clear policies in place...

In this ongoing, in-depth conversation, Lee Jacobs and Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements—once again emphasizing customizing to the organization’s specific needs. They also discuss contracts and agreements, hospitality tips and...