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Working Wise

Working Wise provides updates and compliance tips to lawyers and HR professionals.

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Global Employer GuideCheck out this year's Global Employer Guide. Created to complement our Global Employer Solutions® service, the guide provides a concise, easy to read summary of employment law across numerous countries. Click on the image to download your copy.

27 November 2023
Working Wise: Psychosocial Risk and Regulation – A Global Overview

K&L Gates partners Dominic Fleeton, Dylan G. Moses, and David C. Lindsay compare and contrast the approaches to regulating and enforcing the management of psychosocial risks and hazards in Australia, the United Kingdom, and the United States.

29 March 2023
Working Wise: 2022 Health Care Employment Law Year in Review

In this episode, Sarah Carlins and Spencer Hamer discuss employment law and the health care sector and give a review of highlights from 2022, as well as the developments that will impact employment law and the health care sector in 2023.

19 August 2022
K&L Gates Working Wise: Silenced No More: A Survey Across Three States

In this episode Penny Chen Fox, Jin To, and Jessica Kang discuss California, Illinois, and Washington states' various "silence no more" type acts which prohibit employers from entering into agreements with employees that would prevent them from discussing or disclosing certain workplace conduct, such as sexual harassment, discrimination, retaliation, and more.

23 March 2022
K&L Gates Working Wise: 2021 Health Care Employment Law Year in Review

In this episode Lou Patalano, Jacqueline Hoffman and Spencer Hamer highlight the 2021 year in review as well as developments that will impact employment law and the health care sector in 2022.

21 October 2021
K&L Gates Working Wise: Appropriate Costumes vs. Cultural Appropriation: A Halloween Guide for Employers

With Halloween creeping up, Rio Gonzalez and Claire Flowers offer various considerations employers should keep in mind as they plan any in-person or virtual holiday-related festivities for their workforce. 

15 September 2021
COVID-19: K&L Gates Working Wise: Federal Government to Require Employers and Federal Contractors to Mandate Employee Vaccination or Weekly Testing

Bryan Cantrell summarizes the White House’s recent announcements directing the Occupational Safety and Health Administration to issue an Emergency Temporary Standard requiring employers with 100 or more employees to mandate coronavirus vaccination or weekly negative testing for in-person workforce, as well as President new Biden’s Executive Order.

8 July 2021
K&L Gates Working Wise: OFCCP Enforcement in the Health Care Space

Sarah Carlins and Jackie Hoffman interview Craig Leen, former director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor, about OFCCP enforcement in the health care industry.

26 October 2020
K&L Gates Working Wise: Transitioning to the "New" Normal - Strategic Considerations for Moving to Long-Term Work From Home

A number of businesses that historically operated in a traditional office environment have been forced into temporary work-from-home arrangements due to the COVID-19 pandemic.

29 July 2020
COVID-19: K&L Gates Working Wise: Navigating Your Business Through a Shifting Enforcement Landscape - Practical Advice in the Time of COVID-19 Workplace Safety Enforcement

In this podcast, Nicole Stockey, Megan Moore, and Melanie Stratton Lopez discuss potential government enforcement actions employers need to consider when returning to work, with a focus on OSHA’s enforcement guidance. 

25 June 2020
COVID-19: K&L Gates Working Wise: Reopening Resources for Business—Examining Employer Liability Series—Workers' Compensation and Civil Liability Concerns

David Lindsay and Erinn Rigney explore the risks to employers of businesses operating during the COVID-19 pandemic and discuss workers’ compensation and civil liability theories of recovery for employee exposure in the workplace.

19 June 2020
COVID-19: K&L Gates Working Wise: Managing the Workplace when Employees Must Remain at Work With Increased Hours and/or Overnight

With the spread of COVID-19, certain employers are seeing an increased need to keep employees at work for longer hours.

6 April 2020
COVID-19: K&L Gates Working Wise: COVID-19 and Workforce Reductions

COVID-19 has wreaked havoc on the economic and social fabric of the United States.

11 February 2020
COVID-19: Working Wise: Coronavirus Concerns in the Workplace

The World Health Organization has declared the 2019 novel coronavirus a global health emergency.

16 December 2019
K&L Gates Working Wise: 2019 Family and Medical Leave Act of 1993 Department of Labor Opinion Letter Updates

The US Department of Labor released three opinion letters in 2019 regarding the Family and Medical Leave Act of 1993 (FMLA).

10 December 2019
K&L Gates Working Wise: New Oregon Legislation of Importance for Employers

The Oregon legislature was active in 2019.

26 November 2019
K&L Gates Working Wise: Recent Supreme Court of Pennsylvania Ruling on Fluctuating Workweek Method of Calculating Overtime

The Supreme Court of Pennsylvania recently held that the fluctuating workweek method of calculating overtime, which is permitted under the federal FLSA, is not permitted under Pennsylvania law.

14 November 2019
Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's new in New York City for marijuana-using employees.

29 August 2019
Working Wise: Recent New York Harassment and Discrimination Legislation

In this episode, Laura Scully discusses key legislation that the New York State Governor signed on 12 August 2019, as part of his 2019 Women's Justice Agenda.

19 August 2019
Working Wise: Be Careful of Your Carrots and Sticks: Legal Pitfalls of Employer Wellness Incentives

In this episode, Scott Kobil discusses recent cases and EEOC action (and inaction) regarding employer wellness programs’ compliance with the Americans with Disabilities Act and Genetic Information Nondiscrimination Act.

3 June 2019
Working Wise: New Pay-Data Reporting Requirements

In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Jimmy Ma discusses recent developments in the EEOC’s reporting requirements for employee pay data.

8 May 2019
Working Wise: Tips and Common Mistakes to Avoid for Employers in California

In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California.

9 January 2019
Working Wise: Proactive Strategies for Pay Equity Issues

In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the workplace.

18 December 2018
Working Wise: Five Tips to Prepare for a Union Organizing Drive

In this episode, K&L Gates Seattle Of Counsel Catherine Smith discusses five key tips to help employers prepare for a union organizing drive and union representation election.

19 November 2018
Working Wise: Use of Credit Checks by Employers

In this episode, Suzanne Thomas discusses federal and state regulations regarding employers' use of credit checks, and offers some helpful practices for employers.

8 October 2018
Working Wise: United States Citizenship and Immigration Services Form I-9

In this episode, Hayes Stover discusses the obligations of employers to complete and retain United States Citizenship and Immigration Services Form I-9 for each of their new employee hires.

26 September 2018
Working Wise: Protecting Confidential Business Information and Trade Secrets; Enforcement Options

In this episode of the Working Wise Podcast Series, Sam Hernandez discusses trade secrets, key regulations governing them, and considerations for employers before, during, and after employment.

28 August 2018
Working Wise: Tips for Avoiding Independent Contractor Misclassification

In this episode, Joshua Rinschler discusses misclassification of employees as independent contractors and provides tips to employers for avoiding misclassification.

20 August 2018
Working Wise: Recent Anti-Harassment Measures in New York State and New York City

In this episode of the Working Wise Podcast Series, Laura Scully addresses some recent, key anti-harassment measures legislated in New York State and New York City.

13 July 2018
Working Wise: Employer Responsibilities in a Natural Disaster

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits.

29 June 2018
Working Wise: Workplace Considerations Related to the Opioid Epidemic

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug testing and drug-free workplace policies and practices; and issues related to disability accommodation and job-protected leave laws.

8 June 2018
Working Wise: Age (Discrimination) Is More Than Just a Number: Job Applicants and the ADEA

In this episode, Erinn Rigney discusses a recent Seventh Circuit court decision that opens the door for job applicants to assert claims of disparate impact under the Age Discrimination in Employment Act (ADEA).

15 May 2018
Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program

In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID).

3 May 2018
Working Wise: How the Supreme Court's New Overtime Decision May Impact the Future of FLSA Exemptions

In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of the Fair Labor Standards Act (FLSA).

19 March 2018
Working Wise: Navigating State and Local Paid Sick Leave Laws

In this episode, we discuss issues employers should be aware of regarding the ever-increasing number of state and local laws that require employers to provide paid sick leave.

21 February 2018
Working Wise: Recent Developments at the NLRB

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB in 2018.

30 January 2018
Working Wise: Accommodating an Employee's Disability through Leaves of Absence

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence.

22 January 2018
Working Wise: White Collar Exemptions to the Overtime Requirements of the Federal Fair Labor Standards Act

In this episode, we highlight white collar exemptions to the overtime requirements of the federal Fair Labor Standards Act (FLSA) -- an overview of FLSA overtime requirements and the white collar exemptions to those overtime requirements; a summary of the Department of Labor's efforts to revise the overtime exemptions since 2016, including the current state of changes to the exemption; and tips for ensuring compliance with current regulations and preparing for the anticipated upcoming changes.

28 December 2017
Working Wise: Marijuana Laws and Employee Protections

In this episode, we highlight considerations for employers as marijuana laws continue to evolve around the country -- testing challenges; state protections from employer discrimination for off-duty use; on-duty versus off-duty use of marijuana; federal versus state enforcement; and inclusion of marijuana in company policies on drug use.

1 December 2017
Working Wise: Internal Investigations of Employment Matters

In this episode, we discuss best practices in connection with conducting internal investigations -- what kinds of events trigger the need for an internal investigation; elements of an appropriate investigation; who should handle the investigation; conducting interviews of witnesses, the complaining witness, and the accused; the investigative report; and corrective actions.

17 October 2017
Working Wise: Tackling Risks Related to Forced Labor, Child Labor and Human Trafficking in Supply Chains

In this episode, we discuss best practices and risks relating to issues such as forced labor, child labor, and human trafficking in global supply chains.

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