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Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Q: Is New York City considering a total ban on noncompete agreements?

A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council, Committee on Consumer and Worker Protection.Continue Reading Talk About Competition! New York City Considers 3 Different Noncompete Bans

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale, chief human resources officer at Pritchard Industries, who shares her expertise on structuring effective trainings for her employees. Listen as the group explores how to capture their audience’s attention and drive home important messages in an engaging way.Continue Reading Effective Harassment Trainings: Best Approaches With Insights from NCIS

Published in Law360 on February 26, 2024. © Copyright 2024, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

“Minority Report,” a cinematic masterpiece that debuted over 20 years ago, continues to resonate with audiences today. Directed by Steven Spielberg and starring Tom Cruise, the movie takes place in the year 2054 where a special police department, called Precrime, apprehends criminals before they commit a crime based on information obtained from three psychics, called Precogs.Continue Reading Water Cooler Talk: Investigation Lessons in ‘Minority Report’

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with fellow Partners Sheri Adler and Mary Weeks, chat about the ultimate whistleblower — police officer Frank Serpico — and the SEC’s recent crackdown on whistleblower provisions in employment and separation agreements. Listen in as the group shares a top 10 list of drafting tips to ensure compliance.

Continue Reading Navigating Employment and Separation Agreements: Lessons From Al Pacino’s Serpico

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes, drawing inspiration from the movie Erin Brockovich, and explores the intersection of personal style and professional expectations. As a bonus, the trio also share their most embarrassing fashion faux pas!Continue Reading Dressing for Success: Workplace Fashion Inspired by Julia Roberts’ Erin Brockovich

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs are joined by Marie Latoff, president and founder of Verita, LLC, a firm specializing in workplace investigations. Drawing parallels from the movie Minority Report, they discuss best practices and pitfalls to avoid when conducting workplace investigations.

Tune in for an engaging and informative discussion about navigating the investigation process.Continue Reading A Deep Dive Into Internal Workplace Investigations: Tom Cruise’s Minority Report

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage under the Fair Labor Standards Act (FLSA). The final rule was adopted after publication of a proposed rule in October 2022 and following a 61-day comment period in which the DOL received more than 55,000 comments. The final rule also rescinds an independent contractor rule, issued in January 2021, which never went into effect due to legal challenges. The new final rule becomes effective on March 11.Continue Reading DOL Publishes Final Independent Contractor Rule

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Carol Cookerly, founder of Cookerly PR, a national marketing, PR, and crisis management firm. Drawing parallels from the TV show, Ozark, they explore how strategic planning and quick decision-making can effectively manage workplace crises.Continue Reading Navigating the Storm: Crisis Management in the Workplace

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Fawn Collingwood, VP of Human Resources at United Safety, about the essence and importance of “grit” in the workplace. With clips from the classic movie, A League of Their Own, they explore how resilience, determination, and teamwork can shape a modern work environment.Continue Reading Grit in the Workplace: A League of Their Own