Work and Play
Constangy’s “Work and Play” Podcast offers insight and practical advice on common questions and current legal topics in employment and labor law. Legalese is not spoken here.
We welcome your suggestions for topics as well! Email firstname.lastname@example.org.
This podcast is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice or to establish an attorney-client relationship. This podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
What the best progressive discipline plan? Is unlimited PTO a good or a bad idea? What should your handbook cover? Is teleworking great or grim? What’s the best legal TV show of all time? Join us as we talk through scenarios where reasonable minds and reasonable companies can differ!Podcast12.15.20
Join us as we count down and recap some of the big developments in 2020, impart some critical public service announcements, and share a few predictions about what 2021 may hold for employers!Podcast12.1.20
By a show of hands: Ever sent an email you immediately regretted? Ever seen something at work that you wished you could unsee?Podcast11.17.20
Holding the company holiday party in an adult venue – yes or no? How can we serve booze while minimizing risk? What reasonable religious accommodations might be available to an employee under Title VII?Podcast10.30.20
On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts or comments cross the line? Is buying voters booze a valid campaign strategy? Join us for a discussion of these burning questions!Podcast10.20.20
Is asking about applicant arrests or convictions a good practice? Should you grade an applicant based on his or her hairstyle during the interview? What does the Fair Credit Reporting Act require of employers running a third-party background check?Podcast10.6.20
Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating medical marijuana use.Podcast9.22.20
Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in the workplace – particularly to a pregnant woman. Spoiler alert: Animal-related comparisons are rarely welcome.Podcast9.8.20
COVID-19 forced many companies to quickly jump into the realm of teleworking or to drastically expand existing programs. What policies should employers institute and enforce to discourage off-the-clock work? Do employers need to reimburse remote workers for reasonable business expenses like cell phones and internet? When is teleworking a reasonable accommodation? And how many times should you check that the video is turned off before taking your Zoom meeting into the bathroom?Podcast8.25.20
Does size matter? Should your handbook cover underwear and love notes? Does using a random handbook you found online create problems? This episode delves into the good, the bad, and the ugly of employee handbooks.Podcast8.11.20
So far in 2020, COVID-19 has forced businesses to do everything from redesigning their facilities to taking the temperature of every employee on a daily basis, and from furloughing the workforce to shutting down the workplace entirely. But where are we now? Listen for a discussion of updated FFCRA regulations, changing CDC and OSHA recommendations, the advisability of mandatory vaccines and employee waivers, and the comic stages of COVID-19.Podcast7.28.20
In this podcast, we examine examples from popular TV shows like NCIS, Gilmore Girls, and The Office to find the good, the bad, and the ugly of employment law on TV. Warning: May contain content that is painful to human resources professionals and employment lawyers.Podcast7.14.20
What happens if an employee drives the company car to a strip club for lunch? In the age of COVID-19, what privacy concerns does contact tracing raise? What do employers need to think about before implementing an employee monitoring, whether its via GPS chip or video surveillance? This episode delves into the where, when, why, and how of employee tracking and surveillance.Podcast6.30.20
Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative social media publicity? Join us as we discuss everything from the First Amendment to The Princess Bride.Podcast6.16.20
Do you want to get sued by your employees? Probably not. If you’ve ever pondered what steps you can take to reduce your company’s legal exposure, then this episode is for you. Join us as we discuss six practical tips that you can put into effect immediately at your company. You will thank us later!Podcast6.2.20
Game show fans everywhere will love “Work & Play,” the newest Fair Labor Standards Act game show to hit the air! We laugh, we answer common questions related to exempt and non-exempt employees, and we reminisce about ‘80s music. What’s not to love? Join our *imaginary* live studio audience and learn how you can ask Cherie to sing on the podcast!Podcast5.19.20
How should you handle the Mouthy Blogger? What’s the best approach for Body Odor Bobby? How do you keep up with all of Sensitive Sally’s complaints? Dedicated to our friends in human resources, this episode talks about some of the difficult personalities and situations that HR professionals may encounter, the potential employment law risks for each, and practical solutions worth exploring.Podcast5.1.20
What legalities and logistics do companies need to consider when returning employees to the physical workplace in a post-coronavirus world? Listen in for practical tips about minimizing your company’s potential liability, hypotheticals in the state of Disbelief, advice on COVID-19 testing, and nominations for the best coronavirus meme.PodcastData Privacy Legislation: Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)4.28.20
What is the Illinois Biometric Information Privacy Act, and what does it mean for employers? And, because we can’t seem avoid discussing COVID-19 right now, practical tips for managing data security (like requiring passwords other than “password” or “Fluffy”) while working remotely.Podcast4.14.20
As state, federal, and international laws protecting consumer data multiply, employers need to know about the applicable restrictions and obligations related to employee data. Part 1 of this miniseries will cover the Stored Communications Act and the California Consumer Privacy Act, as well as touching briefly on the European Union’s General Data Protection Regulation.Podcast3.31.20
Fact is often stranger than fiction. The last episode covered the logistics of the Family and Medical Leave Act – who, what, when, and how long – while this episode will discuss real cases in which employers faced some challenging (and sometimes funny) situations.Podcast3.27.20
What does the Families First Coronavirus Response Act mean to employers? What federal agencies have issued guidance? Are there state- and locale-specific orders in place related to the coronavirus? Finally, what do employers need to know in order to furlough employees, reduce employee hours, or lay off employees?Podcast3.17.20
Can an employer take an employee’s temperature at work? Would an employee with coronavirus qualify for leave under the Family and Medical Leave Act? If companies prevent employees from working at the office and require them to work from home, do employers have to pay any employees who are unable to work from home? (Recorded on March 13, 2020.)Podcast3.10.20
Navigating the intricacies of the Family and Medical Leave Act can be daunting. Who is an eligible employee and an eligible employer? How long does FMLA leave last? What does intermittent FMLA mean? How can you take steps to ensure that FMLA leave is being used appropriately?Podcast2.20.20
The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are legal traps that businesses should be aware of and precautions they can take to minimize their liability.Podcast2.20.20
In the #MeToo era, accusations of workplace misconduct must be taken seriously and investigated thoroughly. A good investigation can result in effective resolution of a harassment complaint, winning an unemployment claim, and even a successful defense of a discrimination charge or wrongful termination lawsuit. On the other hand, a bad investigation can have the opposite effect.Back to PagePodcast2.20.20
Our increasingly connected world presents tremendous opportunities for employers as well as considerable confusion and risk. Should you Google a job applicant? Allowing employees to use their own mobile devices for work (BYOD) has its benefits, but how can employers mitigate the risks to company data that it presents? Likewise, what can employers do to curb concerns presented by social media?
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