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Tracey Diamond

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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.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the intriguing intersection of reality TV and employment law. Joined by Troutman Pepper Locke Labor and Employment Partner Richard Reibstein (author of the popular Independent Contractor Misclassification & Compliance blog), they explore the lawsuit alleging that contestants on the hit Netflix reality series Love Is Blind have been misclassified as independent contractors instead of employees — and the real-life implications for other production companies as well as companies in other industries. Tune in for an insightful discussion that ‎blends legal expertise with the drama of reality television.‎

In what may be a surprise to those who thought that restrictions on the use of noncompetes would go away with the change in administration, this week, the Federal Trade Commission (FTC) announced that the agency will form a Joint Labor Task Force that will “prioritize rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices that harm American workers.”[1] FTC Chair Andrew Ferguson issued a memorandum reminding everyone that the FTC’s authority includes protecting American consumers in their role as workers.[2]

It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara Longtain, to discuss the movie It Ends With Us and the real-life lawsuits sparked by it. Tune in as the trio discusses alleged conduct that occurred on set and in the marketing of the film, resulting in lawsuits filed by Blake Lively for sexual harassment and Justin Baldoni for defamation. The conversation focuses on what employers can take away from this competing litigation, including the importance of harassment policies, best practices for avoiding retaliation claims, and how to combat the use of social media as a tool for misconduct. This episode is sure to be interesting for employers in all industries.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the dynamics of teamwork, using the beloved characters Sully and Mike Wazowski from Monsters, Inc. as prime examples. Joined by Emily Golden, founder and CEO of Golden Resources, they delve into the characteristics of effective teams, including the importance of clear communication, shared goals, and emotional intelligence. They also discuss strategies to foster effective teamwork among employees. Tune in for an engaging discussion on building strong, collaborative teams and the lessons we can learn from our favorite animated monsters.

Workplace diversity, equity and inclusion (DEI) programs face more scrutiny than ever after President Trump’s recent Executive Order targeting DEI policies and programs across the federal government, in private industries that do business with the federal government, and in the private sector generally. In this episode of Hiring to Firing, hosts Emily Schifter and Tracey Diamond discuss the evolving DEI landscape. Joined by their colleague Nicole Edmonds, DEI Committee Chair at Troutman Pepper Locke, they explore the impact of recent Supreme Court decisions on DEI initiatives, the rise of reverse discrimination claims, and practical steps employers can take to foster an inclusive work environment. Tune in for a thoughtful discussion on navigating DEI opportunities and challenges in today’s evolving legal landscape.

PE Pathways, hosted by attorneys from our Private Equity practice, is a podcast series where experienced dealmakers share their thoughts on current private equity and M&A trends and developments. Stay informed about the latest market trends, regulatory changes, and innovative investment strategies that are shaping the future of private equity. Tune in to listen as our discussions delve into the intricacies of the private equity industry, with topics around deal sourcing and due diligence; portfolio company management; fund formation and compliance; tax and employment issues; and exit strategies among others.

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.

Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA). The decision by Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas to vacate the 2024 rule applies nationwide to all employers and comes weeks before another increase to the salary levels was set to take effect.