The Labor and Employment Podcast

In this in-depth conversation, Lee Jacobs and Rosemary Enright get into “the minutia,” covering the importance of using the correct forms and documents during the employee onboarding process. They emphasize the potential legal consequences of not providing the wage acknowledgement form, among other forms, and the importance of ensuring compliance with relevant laws and regulations.

In this episode, Lee Jacobs and Rosemary Enright discuss many aspects of employee onboarding as well as related topics like job postings, applications, interviews, and more. Regarding onboarding, they emphasize setting the right tone from day one, cover the difference between onboarding and orientation, and highlight the legal requirements and potential pitfalls of the process. To be effective, Le...

Lee Jacobs and Rosemary Enright discuss updates for 2024 for employee handbooks, covering topics that include policy changes around sexual harassment, paid family leave, lactation accommodation, marijuana testing, electronic monitoring, and height and weight discrimination. They also touch on artificial intelligence in hiring decisions. Lee and Rosemary emphasize the importance of updating employe...

In the first of a two-part conversation, Lee Jacobs and Rosemary Enright cover the basics of employee handbooks, emphasizing the importance of customizing your organization’s handbook rather than relying on a generic one. They touch on the need to update handbooks annually, and they highlight key policies that should be included in handbooks, like those involving employment at will, drug and alcoh...

Welcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live ’s new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important ch...

In episode 66 of Barclay Damon Live :  Labor & Employment Podcast , host Ari Kwiatkowski offers a solo overview titled “Breaking Down the New PWFA Regulations,” regarding the Pregnant Workers Fairness Act. Ari notes that the PWFA requires employers to provide accommodations to workers’ “known limitations related to pregnancy, childbirth, or related medical conditions absent undue hardship.” Th...

In episode 65 of Barclay Damon Live :  Labor & Employment Podcast , “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State’s Wage Theft Prot...

In episode 64 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes her colleague Lee Jacobs back for an informative discussion about the intricacies of New York’s Hospitality Wage Order, which governs the state’s restaurant and hotel industries. Lee describes what some of the pitfalls are for employers—even those with the best intentions—when it comes to wages, pa...

In episode 63 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes Barclay Damon New York City–based partner Lee Jacobs. Lee and Ari point out that New York City rules tend to be more employee friendly than rules in many other areas, and currently some of the most stringently watched areas of potential discrimination involve height and weight, caregiving, employme...

In episode 62 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes back Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, for “Immigration Alert! USCIS Publishes Revised I-9 Form.” Jennifer lets viewers and listeners know that the Department of Homeland Security US Citizenship and Immigration Services has announced chang...

In a groundbreaking crossover episode of Barclay Damon Live: Labor & Employment Podcast , host Ari Kwiatkowski welcomes her colleague Kevin Szczepanski, the host of Barclay Damon Live: Cyber Sip ™, to discuss “Cybersecurity Basics for Employers.” Kevin, who is also co-chair of the firm’s Data Security & Technology Practice Area, gives an overview of this crucial topic, including covering e...

Welcome to Barclay Damon Live: Labor & Employment Podcast, “Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2.” In this continuing conversation, Barclay Damon partner Scott Rogoff joins host Ari Kwiatkowski to talk about what employers need to know considering the myriad types of employee leaves available. Ari and Scott also use a recent scenario they experienced to...

Join host Ari Kwiatkowski for the latest episode of Barclay Damon Live: Labor & Employment Podcast . In this episode, Ari welcomes back her colleague Scott Rogoff to parse the statutes, laws, regulations, and issues involved with employee leave. As we all know, life happens—and it happens to employees, who then often need to take time off from work. Regardless of when the employee notifies the...

Here’s a quick installment of Barclay Damon Live: Labor & Employment Podcast, “Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy.” In episode 58, host Ari Kwiatkowski runs down changes to the new policy, which has been conveniently posted on the state’s website, ny.gov. Finalized in April 2023, adopting the model policy is not required, but, says Ari, since...

In episode 57 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her Barclay Damon colleague Art Marrapese to discuss medical plan coverage during a leave of absence from work. Tune in to hear a breakdown of the types of leaves employees can take under federal and state laws like the Family Medical Leave Act and the New York Paid Family Leave, where ERISA comes in...

In episode 56 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski talks with Peter Rahbar of the Rahbar Group. He’s an attorney with broad experience in workplace issues, which he brings to the conversation. Starting off with a definition of the phenomenon, Peter asserts that it’s not new, though the phrase “quiet quitting” may be. Essentially, it refers to employees doing...

In episode 55 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes workforce wellness and cultural alignment expert John Robertson to discuss resolving intergenerational conflicts in the workplace. In a bit of a departure from Ari’s usual legal focus, she and John explore workplace relations, discussing some common situations that arise and offering practical, actio...

In episode 54 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives an update on changes to both federal and New York State law in “New Laws Pump Up Protection for Nursing Employees.” The federal PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act will go into effect in April and expand accommodations and protections for employees who need to express br...

It’s episode 53 of Barclay Damon Live : Labor & Employment Podcast , hosted by Ari Kwiatkowski. Listeners will get the early scoop on what is known so far about this new federal antidiscrimination law that provides guidelines for employers and information for employees. Hear Ari speak about how the Pregnant Workers Fairness Act (PWFA) fits in with, and differs from, other federal antidiscrimin...

It’s episode 52 of Barclay Damon Live : Labor & Employment Podcast. This week, host Ari Kwiatkowski welcomes back her colleague Rosemary Enright, partner and Labor & Employment Practice Group leader. In their fast-moving conversation, Ari and Rosemary share an overview of potential updates to employee handbooks as well as updates to the law and related issues. Two main two developments emp...

In episode 51 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski and her guest, repeat visitor Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, discuss the process of chasing the elusive H-1B visa. It’s almost time for employers who want to apply for the coveted visa on behalf of a foreign national candidate, whether already i...

In episode 49 of the Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes back her Barclay Damon colleague Carolyn Marcotte Crowley for part 2 of their discussion on the Massachusetts Commission Against Discrimination (MCAD), beginning with the investigation of claims filed with MCAD. The MCAD investigator reviews submissions, requests additional information if neede...

Welcome back to the Barclay Damon Live : Labor & Employment Podcast . In host Ari Kwiatkowski’s first episode of 2023, she welcomes Barclay Damon colleague Carolyn Marcotte Crowley to discuss the process of investigating and prosecuting claims of discrimination in Massachusetts. “Dealing With MA Commission Against Discrimination Claims, Part 1” covers the differences in this process between Ne...

A quick solo session from Barclay Damon Live : Labor & Employment Podcast host Ari Kwiatkowski, episode 47 introduces listeners to the “New US DOL Independent Contractor Rule: How to Classify Personnel.” With gratitude for her first year of creating this podcast, Ari introduces the topic, her last for 2022. Mentioning some background and shifts between the rule from the Trump to Biden administ...

In episode 46, host Ari Kwiatkowski is back to continue the conversation with her New Haven-based colleague Dan Elliott. In this second installment about the Connecticut Commission on Human Rights and Opportunities (CHRO), Ari and Dan pick up where they left off in the last episode, going through the stages of a complaint filed with the CHRO. From mandatory mediation to an optional early legal int...