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Emily Schifter

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Emily is a partner in the Labor + Employment Practice Group, where she represents clients in a variety of labor and employment-related matters, including employment discrimination, leave, disability accommodation, and wage and hour litigation. Additionally, she counsels employers on many aspects of employment law and human resources issues, including employee handbooks, policies and restrictive covenants drafted under various states’ laws for a variety of circumstances, including as part of mergers and acquisitions.

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In this episode of Hiring to Firing, hosts Emily Schifter and Tracey Diamond explore the art of giving and receiving feedback in the workplace. Joined by Tara Weintritt from the Wicker Park Group, they discuss the importance of creating a culture of feedback, best practices in giving and receiving feedback, and the value of specificity and data in measuring and evaluating performance. Listen as Harry Potter favorites Professor Severus Snape, Professor Albus Dumbledore, and Hermione Granger help illustrate effective and ineffective feedback practices, providing practical tips for managers and employees alike. Tune in to learn how to enhance your feedback skills and foster a more productive and supportive work environment.

‘Tis the season for workplace holiday celebrations! In this festive episode of Hiring to Firing podcast, hosts Tracey Diamond and Emily Schifter are joined by guest Brett Schwab, corporate counsel at D&H Distributing, to delve into the intricacies of office festivities and celebrations. From unforgettable office party tales to crucial legal compliance issues and best practices, this episode has it all. Tune in for practical tips and entertaining anecdotes inspired by Office Christmas Party and Love Actually to help ensure your workplace holiday festivities are merry and bright, and not an HR headache. Happy holidays from the Hiring to Firing team!

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter delve into the critical topic of succession planning, drawing parallels with the popular TV show Succession. Joined by Jan Levine, an experienced attorney and executive coach, they discuss the importance of succession planning and its role in ensuring business continuity and leadership growth and development. The conversation covers managing transitions and practical steps for effective implementation of a succession plan, offering valuable insights for leaders and organizations.

In this episode of Hiring to Firing, Tracey Diamond and Emily Schifter explore the challenges and benefits of managing a multigenerational workforce, inspired by the movie The Intern. Joined by Naomi Barnett and Elizabeth Stephens from REPAY, they discuss the importance of avoiding stereotypes and fostering a culture of open communication and respect. Listen in for valuable insights and best practices for employers to use in navigating workplaces filled with four generations of workers.

In the final episode of the three-part Hiring to Firing pre-election series, hosts Tracey Diamond and Emily Schifter continue to explore the various facets of leadership with Jennifer Dubrow Weiss, CEO of the Jewish Federation of Southern New Jersey. Drawing parallels with the iconic TV show The West Wing, the episode explores how leaders can navigate competing pressures, foster collaboration, and inspire their teams. Tune in for an engaging conversation that blends real-world leadership challenges with timeless lessons from President Bartlett and his team.

In part two of the three-part Hiring to Firing series, host Tracey Diamond and new co-host Emily Schifter dive into the complexities of managing employees’ political beliefs and discourse in the workplace, just in time for the upcoming election. Join Tracey and Emily as they welcome Trisha Earls from The Hawkins Firm to discuss best practices for maintaining a professional environment amidst political fervor. With engaging clips from the iconic TV show Mad Men, the conversation explores the legal and practical implications of political speech at work, the importance of an open company culture, and strategies for fostering a respectful and inclusive workplace.

Q: Does the Speak Out Act affect employer nondisclosure and nondisparagement agreements?

A: Nearly five months after Senator Kirsten Gillibrand (D-NY) first introduced the bipartisan Speak Out Act, President Joe Biden signed it into law on December 7, 2022. The Speak Out Act bars judicial enforcement of nondisclosure and nondisparagement clauses concerning sexual assault and sexual harassment allegations if entered into “before the dispute arises.” This ensures that “victims and survivors have the freedom to report and publicly disclose their abuse,” while still allowing employers to use nondisclosure and nondisparagement clauses in resolving a dispute once it has arisen.

Q: What do employers need to know about state and local pay transparency and salary equity laws?

A: Pay equity has been a hot topic for employers over the last few years and it continues to make headlines. Today, March 8, is International Women’s Day and March 15 marks this year’s “Equal Pay Day” – a date meant to symbolize how far into the year women must work to earn what men earned in the previous year.

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)?

A: Yes. On January 13, the Court granted the applications for stays of the OSHA ETS. Conversely, the Court granted the federal government’s request to overturn the injunctions that had halted the IFR.

Q. What is the status of the Sixth Circuit’s consideration of the challenges to the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), and how does it impact the upcoming deadlines set by the ETS?

A. As discussed in our previous alert, on November 5, OSHA published an ETS that would require private employers with 100 or more employees to establish, by January 4, 2022 either (1) a mandatory COVID-19 vaccination policy; or (2) a vaccination policy that requires employees to either be fully vaccinated or undergo regular COVID-19 testing and wear a face covering at work. The ETS would also require covered employers, by December 6, to: (1) determine the vaccination status of all employees; (2) provide leave for them to get vaccinated and recover from side effects of vaccination; and (3) ensure unvaccinated employees wear face coverings at work. Multiple challenges were filed over the ETS after OSHA’s issuance of the ETS, and, on November 16, the U.S. Court of Appeals for the Sixth Circuit was selected by lottery to hear the consolidated challenges to OSHA’s recent ETS, including the Fifth Circuit’s extension of a nationwide stay of the ETS on November 12.