In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter examine the growing threat of AI deepfakes in the workplace through the lens of The Morning Show. Joined by Lawrence Cameron, Troutman Pepper Locke partner in the firm’s White Collar Litigation + Investigations group, they explore how AI-generated audio, video, and images can create new risks for employers, from fraud and disinformation to harassment, discrimination, and internal investigations. The conversation highlights the challenges employers face in determining what evidence is real, how deepfakes can complicate workplace misconduct investigations, and why companies should stay vigilant as the technology continues to evolve. Tune in for insights on how employers can prepare for deepfake-related incidents, respond appropriately when they arise, and better protect their workplaces in an era where seeing and hearing may no longer be believing.
Third Circuit Rejects “Overtime Gap Time” Claims Under the FLSA, Deepening Circuit Split
On June 3, 2026, in Secretary of Labor v. Comprehensive Healthcare Management Services, LLC, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (FLSA) does not provide a cause of action for “overtime gap time” — compensation for non-overtime hours worked in a pay period when the employee has worked overtime. This decision extends prior Third Circuit law rejecting pure gap time claims under the FLSA and deepens a circuit split about the viability of overtime gap time claims under the FLSA. Employers with nationwide operations now have additional guidance on gap time claims under the FLSA but need to be aware of conflicting FLSA precedent and overlapping state law requirements to ensure wage and hour compliance.
Croissants, Contracts, and Compliance: When US Work Habits Meet French Law
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter revisit the series Emily in Paris to explore what happens when American work habits meet French employment law. Joined by guest Fabienne Haas, a partner at the leading French law firm August Debouzy, they unpack the cultural and legal challenges an American “Emily” might face in Paris — from strict limits on after-hours emails and mandatory vacation, to France’s approach to overtime, layoffs, and the use of contractors and employers of record, offering a candid comparison to the more flexible, at-will U.S. system. The conversation also takes on romance in the “City of Love,” privacy expectations, and France’s robust harassment and investigation requirements. Tune in to hear how multinational employers can avoid missteps, manage cross-border workforces, and adapt their U.S. playbook before it collides with French law.
From Punchlines to Prejudice: Confronting Antisemitism in the Workplace
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use a dark comic sketch from Inside Amy Schumer as a starting point for a serious conversation about antisemitism in the workplace. Joined by Andrew Goretsky, senior regional director of the Anti-Defamation League (ADL) in Philadelphia, they unpack how antisemitic stereotypes, microaggressions, and overt hostility show up on the job, and explore recent ADL research on discrimination against Jewish and Israeli job applicants. The discussion also examines the evolving legal landscape under Title VII, the impact of AI-driven hiring tools on protected groups, and practical steps employers can take to build workplaces that are safer and more inclusive for all employees. Tune in for a thoughtful, candid look at how organizations can recognize, prevent, and respond to antisemitism at work.
Perms, Pay Equity, and the Power of Experts
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by Paul White, a partner at Resolution Economics, to demystify the world of expert witnesses in employment matters. Using memorable clips from My Cousin Vinny, Legally Blonde, and The Big Short, they explore what it really means to be an “expert,” how courts evaluate expert qualifications and methodologies, and the tactics attorneys use to challenge or bolster expert testimony. The conversation examines the crucial role experts play in damages calculations, wage and hour disputes, discrimination and pay equity audits, and emerging AI bias reviews, while highlighting why clear, accessible storytelling is just as important as technical rigor. Tune in to learn how employers and their counsel can partner effectively with experts to turn complex data into practical guidance, manage risk, and control litigation and consulting costs.
Hot Flashes, Cold Policies: Legal and Benefit Strategies for Menopause
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter confront a workplace issue that affects millions but is often ignored: menopause. Joined by psychotherapist, former attorney, and author Lauren Tetenbaum and employee benefits partner Lydia Parker, they discuss how perimenopause and menopause impact employees’ health and workplace performance, and the stigma that keeps many suffering in silence. The conversation explores emerging legal developments and benefit strategies that support employees through this life stage, including specialized care, plan design considerations, and new protections. Tune in to learn how employers can move beyond taboo, retain experienced talent, and create a more inclusive workplace for those navigating menopause.
Before You Front the Funds: Benefits and Pitfalls of Earned Wage Access Tools
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke colleague Carlin McCrory, co-host of the Payment Pros podcast. Together, they explore the emerging world of earned wage access (EWA), or on-demand pay, through the lens of the entrepreneurial reality TV show Shark Tank. The conversation examines the Consumer Financial Protection Bureau’s shifting approach, rapidly developing (and sometimes conflicting) state laws, and the wage and hour and payroll challenges that can arise when employees access their pay early. They also discuss how EWA can be a powerful recruitment and retention tool, the risks of turning a benefit into a “loan in sheep’s clothing,” and practical steps HR and in-house counsel can take when vetting vendors or considering in-house EWA programs. Tune in to see if EWA is the kind of pitch your HR “sharks” should back — or one that ought to be met with, “And for that reason, I’m out.”
Lords, Ladies, and Labor Laws: Downton Abbey and the Modern Employer
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter swap the halls of corporate America for the grand corridors of Downton Abbey, using the beloved British period drama to unpack the real‑world differences between U.S. and UK employment law. Joined by London‑based labor and employment partner Nick Elwell‑Sutton, they use iconic Downton storylines to discuss key points of UK employment law, from redundancies to mandatory leave and rest periods, and evolving discrimination protections. The conversation also covers the UK’s low threshold for disability accommodation and the duty to make “reasonable adjustments,” strict GDPR‑driven rules around privacy and employee data, and the differences between U.S. at‑will employment and UK contract‑based rights. Tune in for practical, jurisdiction‑specific insights on how multinational employers can navigate hiring, firing, and everything in between on both sides of the Atlantic — without ending up with a legal drama worthy of the Crawleys.
New Jersey’s Family Leave Act: Prepare for Expansion in 2026
On January 17, Governor Phil Murphy signed a bill into law (A3451/S2950) that significantly amends the New Jersey Family Leave Act (NJFLA). The new rules, which take effect on July 17, 2026, will expand the employers covered under the NJFLA and the employees eligible for job-protected leave.
From Prime Time to WARN Time: Reality TV Rules for Real-World Employee Separations
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter trade the drama of reality TV for the real-life stakes of employee separations, using shows like The Bachelor, The Great British Bake Off, Top Chef, and The Voice as a lens to discuss layoffs, terminations, and RIFs. Joined by Lauren Tilashalski, senior associate general counsel at Global Payments, they unpack how employers can move beyond “gut feel” eliminations to legally compliant, people-centered processes. The conversation highlights how thoughtful planning, clear messaging, and empathy can turn a potential PR and morale crisis into a more orderly transition for both departing employees and those who remain. Tune in to learn how to balance legal risk, business needs, and human impact once the “final rose” has been handed out in your workplace.