The Labor and Employment Podcast

Episode 45 of Barclay Damon Live : Labor & Employment Podcast finds host Ari Kwiatkowski switching gears—and states—to talk with her Barclay Damon colleague Dan Elliott about the Connecticut Commission on Human Rights and Opportunities (CHRO). The conversation launches with a description of the CHRO, a state agency that is statutorily empowered to monitor, investigate, and enforce human rights...

“Have a plan, and stick to it” is one of the most important things an employer or business can do when litigating a discrimination lawsuit according to Barclay Damon partner Michael Murphy, this week’s guest on Barclay Damon Live : Labor & Employment Podcast . Michael joins host Ari Kwiatkowski in episode 44, part two of their ongoing conversation, “Best Practices for Handling Discrimination L...

In episode 43 of the Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski welcomes Barclay Damon colleague Michael Murphy for part one of a discussion on handling discrimination lawsuits in state court. As Ari says, Michael’s decades of experience make him “the perfect guest” to give listeners a rundown on practice in state court. Following up on recent conversations with Div...

In episode 42 of Barclay Damon Live : Labor & Employment Podcast , host Ari Kwiatkowski offers a quick solo segment called “Update on ‘Can I Ask That: New York Wage Transparency Laws.’” While the episode strays from earlier episodes addressing what employers can and can’t ask during job interviews or in applications or include in job postings, this topic is related since recently enacted laws...

As Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski likes to say, “Let’s dig in!” In episode 41, the third and final part of  her conversation with Catherine Ostrowski Martin, an attorney with the division, she and Catherine talk about what complainants and employers can expect in the last phase of the process, which is the public hearing. Public, you say? That’s right,...

It’s episode 40 of Barclay Damon Live: Labor & Employment Podcast . In this segment, host Ari Kwiatkowski welcomes back Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights. They continue to discuss what employers need to know about the division’s settlement conferences and probable cause hearings, touching on what happens after the settlement conference. (T...

It’s episode 39 of Barclay Damon Live: Labor & Employment Podcast . This week, host Ari Kwiatkowski welcomes Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights, to delve into what employers need to know about the division’s settlement conferences and probable cause hearings. Following up on Ari’s last two episodes, which were also about the division, she a...

In the second part of her conversation with Debbie Kent, regional director of the New York State Division of Human Rights’ Buffalo Office, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski kicks off the episode by asking what happens after a complaint’s been filed with the division. Then Ari and Debbie discuss the investigation process and possible outcomes. A great reminder...

In episode 37, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski welcomes Debbie Kent, regional director of the New York State Division of Human Rights’ Buffalo Office. In the first part of the episode, Ari and Debbie share preliminary information about what the division and its mission are, what it does, and how it’s organized. They then turn to how a discrimination complain...

In part two of “Best Practices for Defending Discrimination Lawsuits in Federal Court,” Ari Kwiatkowski welcomes back her Barclay Damon colleague Randy Oppenheimer to continue their discussion about the process involved in a federal court lawsuit brought against an employer. They talked about an early potential step, a settlement conference, in episode 35. If that step wasn’t conclusive or on the...

Host Ari Kwiatkowski is back for the season two debut of the Barclay Damon Live Labor & Employment Podcast. Joining her to continue the conversation is Barclay Damon partner Randy Oppenheimer. They begin their discussion, “Best Practices for Defending Discrimination Lawsuits in Federal Court,” with an overview of how the court system is structured, and the different types of judges there are....

In the last episode of the season, Ari Kwiatkowski, host of Barclay Damon Live: Labor & Employment Podcast,brings listeners an update on the US Equal Employment Opportunity Commission’s recently revised guidance on COVID-19 testing in the workplace, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” As the virus continues to mutate, infect, and sicke...

Episode 30 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming first-time guest Holly Nowak, founder and president of HMN Resources, to talk about a quandary facing businesses and employers: how to best bring employees back to the office as COVID-19 remains an ongoing issue. Some forms of remote work are here to stay, and employers have to take a look at thos...

Host Ari Kwiatkowski is back with episode 29 of Barclay Damon Live: Labor & Employment Podcast . She and Barclay Damon colleague Rob Thorpe discuss ADA accessibility for your website. Turning to the Americans With Disabilities Act, Ari and Rob dig into its Title III section, which governs “public accommodations,” the accommodations a business or employer must make for its visitors, customers,...

For episode 28, the third part of Barclay Damon Live: Labor & Employment Podcast ’s focus on immigration, guest host Rosemary Enright is again joined by her colleague Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. They first discuss the definition of “foreign national,” basically a non-US citizen born outside the United States. Then follo...

With regular host Ari Kwiatkowski still on her Italian honeymoon, Rosemary Enright returns to guest host episode 27 of Barclay Damon Live: Labor & Employment Podcast . It’s a follow up to an earlier conversation, helping listeners understand what is allowable in job postings, applications, and interviews, this time through an immigration lens. Jennifer Behm, a partner at Berardi Immigration La...

Rosemary Enright, a frequent guest on Barclay Damon Live: Labor & Employment Podcast , steps in to guest host while regular host Ari Kwiatkowski enjoys her pandemic-delayed honeymoon. Join Rosemary as she welcomes back colleague Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. This episode is all about employer sponsorship and what to do wh...

In episode 25 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. In the first in a series of episodes about the intersection of immigration law and labor and employment law, they discuss border-crossing best practices, referring in particular to the Canada-US bor...

Episode 24 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming back colleague Ben Wilkinson for their final talk on Department of Labor audits. Ben and Ari say conducting a multi-pronged self-audit of your business’s wage and hour practices can be key. They offer insight into 1) ensuring your employee classifications are correct; listen in for the fine points...

It’s episode 23 of Barclay Damon Live: Labor & Employment Podcast . Join host Ari Kwiatkowski as she welcomes back her Barclay Damon colleague Rosemary Enright to discuss more on Department of Labor audits, this time with a focus on the New York State DOL’s Labor Standards Division, which has jurisdiction over any New York State employer. As previous guest Ben Wilkinson shared, there are sever...

In episode 22 of Barclay Damon Live: Labor & Employment Podcast , host Ari Kwiatkowski welcomes back her colleague Ben Wilkinson for further conversation about what to do when the US DOL is at your door. After the last episode provided background and context—and a reminder that the US DOL has no obligation to let an employer know if or when an audit will take place—Ben confirms that the best c...

In episode 21 of Barclay Damon Live: Labor & Employment Podcast , host Ari Kwiatkowski welcomes another Barclay Damon colleague, Ben Wilkinson, to discuss US Department of Labor (DOL) audits. The first part of this multi-part series gives an overview of the DOL and what the agency oversees and enforces, including the Fair Labor Standards Act. The Occupational Safety and Health Administration (...

In episode 20 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Dr. Andrew Tisser of Sisters of Charity Hospital and host of the podcast “Talk 2 Me Doc,” where he discusses issues facing early-career physicians. In a turn of events, Andrew interviews Ari, with questions from his podcast listeners and social media followers. Starting with the basics—“Are physician...

In episode 19 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski reviews updated Equal Employment Opportunity Commission guidance with respect to vaccination laws and programs and Title VII and religious accommodations. Quickly covering the New York State vaccine rule, the Centers for Medicare & Medicaid Services mandate, and the OSHA Emergency Temporary Standard rule...

In this brief episode of Barclay Damon Live: Labor & Employment Podcast , host Ari Kwiatkowski gives her last word (for now) on employment applications and employee handbooks, citing a niche 80s court decision having to do with an exception to New York’s at-will employment doctrine. In this case, Weiner v. McGraw-Hill , the court decided against the employer’s request to dismiss the case based...