Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (summary available here) is expected to go into effect on July 1, 2025. Once in place, the CHOICE Act will significantly strengthen the ability of employers to protect their workforce, confidential information, and other business interests.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the challenges of managing employee performance, taking lessons from Mr. Milchick’s infamous performance review in the latest season of the TV show Severance. Joined by Tara Favors of Mutual of America Financial Group, this episode provides practical tips for offering constructive feedback, documenting performance deficiencies, and maintaining fairness in the evaluation process. Discover how the fictional world of Lumon Industries mirrors real-life human resources challenges.

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio Department of Youth Services, the Court ruled that a Sixth Circuit requirement that members of a “majority group” (such as heterosexual employees) must satisfy a heightened evidentiary standard for discrimination claims was incompatible with the language of Title VII and with Supreme Court precedent. The unanimous decision written by Judge Ketanji Brown Jackson resolves a circuit split, as the Sixth, Seventh, Eighth, Tenth, and D.C. circuit courts of appeals had previously imposed a higher evidentiary burden on discrimination claims brought by majority group members.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the concept of “coffee badging”—a post-pandemic workplace phenomenon where employees badge in, grab a cup of coffee, and then work remotely for the rest of the day. Joined by Donna Griffin from Intelligentsia Coffee, the discussion delves into the implications of return-to-office mandates, generational differences in work preferences, and the evolving dynamics of remote and hybrid work environments. Discover how coffee, culture, and corporate policies intersect in today’s workplace.

On June 1, new job posting requirements took effect in New Jersey under the New Jersey Pay and Benefit Transparency Act. The “Pay Transparency Act,” signed into law by Governor Phil Murphy in November 2024, requires employers to include information about compensation in job postings. Employers also must take steps to make current employees aware of internal promotional opportunities.

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the Fair Labor Standards Act (FLSA), i.e., non-exempt employees.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore eDiscovery processes and procedures with Alison Grounds, founder and managing partner of eMerge. Learn about the importance of eDiscovery in litigation, the shift from paper to digital discovery, and the complexities of managing electronic data. Alison offers practical tips on preserving evidence, leveraging AI, and navigating the challenges of use of personal devices for business purposes. Tune in to learn about managing electronic data and avoiding common mistakes in the eDiscovery process.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the classic movie 9 to 5 and its critique of workplace inequities. Joined by wage and hour reporter Daniela Porat from Law360, they share insights on the evolution of wage and hour laws, pay transparency, salary history bans, and the ongoing fight for gender equality in the workplace. Tune in for a thought-provoking discussion on workplace equality and practical tips to help employers comply and keep up with the ever-changing legal landscape in this area.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke partners, Austin Padgett and Rusty Close, who host the No Infringement Intended podcast. Together, they explore the intersection of intellectual property (IP) and employment law through the lens of the movie The Social Network. They discuss works made for hire, the impact of the Defend Trade Secrets Act, and the challenges employers of all sizes face in protecting their innovations and the inventions their employees create on their behalf. Discover the critical lessons learned from real-life IP disputes, the importance of proper documentation, and best practices for protecting your company’s ideas.

Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.