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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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Work-life balance — does it exist? In Episode 4 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Debbie Epstein Henry, best-selling author, public speaker, consultant, and host of the Inspiration Loves Company podcast, to discuss the hit TV show Severance and lessons learned about work-life balance. Tune in to hear a lively discussion about ways companies can help workers find work-life balance to increase happiness and satisfaction, while maximizing effectiveness.

Why is confidentiality in the workplace so important? What employee information needs to be kept confidential? In Episode 3 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Richard Eskew, executive vice president, general counsel, and chief privacy officer of Accolade, Inc., to discuss the hit T.V. show Squid Game and lessons learned about confidentiality agreements and restrictive covenants. Tune in to hear a lively discussion about the balance between corporate confidentiality and employee engagement, different types of corporate confidential materials (and the methods used to maintain their secrecy), the risks of employees taking such materials, as well as what companies can do to protect themselves.

Are you making the best hiring and firing decisions? Is improving employee engagement and retention a challenge? How can you use data to leverage and get the most out of your most valuable asset – your employees?

In Episode 2 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Spring International CEO Fiona Jamison to discuss the hit movie Moneyball and the use of people analytics in the workplace.

Q: What is New York’s Adult Survivors Act?

On May 24, New York State enacted the Adult Survivors Act, which provides a one-year “revival window,” commencing on November 24, 2022, for adult victims of sexual abuse. Enactment of such “revival statutes” (a/k/a revival window or lookback period statutes) is the latest trend for #MeToo era legislatures grappling with shifting societal views of limitations periods for sexual abuse claims. Although the parameters of revival statutes can differ, essentially, they provide a limited period, usually at least one year, for sexual abuse victims to file civil claims that would otherwise be time-barred. Often these statutes also include prospective enlargements of civil and criminal limitations periods or otherwise expand the scope of potential liability going forward. In recent years, nearly half of U.S. state legislatures have passed laws opening revival windows for sexual abuse cases.

In Episode 1 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with European Metal Recycling VP of People and Deputy General Counsel Kate Puccio to discuss the hit show Emily in Paris and the lessons learned about national origin based on events from the show. This episode blends pop culture and fashion into a discussion about important and contemporary legal issues in the workplace.

What do Emily in Paris, Squid Game, Severance, Ted Lasso, and Moneyball have in common? Find out by listening and subscribing to our Hiring to Firing Podcast hosted by Tracey Diamond and Evan Gibbs. The pair delve into hot-button labor and employment law issues with unique perspectives drawing on pop culture and hit shows and movies. Stay informed and entertained!

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. My company uses dash-cams to monitor driver conduct, but the company is not located in Illinois. Do I still have to comply with the Biometric Information Privacy Act?

A. Yes, as long as the company has drivers who are Illinois residents, you must comply with BIPA. The good news, however, is that as long as your company fully complies with the statute, it can continue to use telematics.

Q: Now that DOL-OSHA announced its COVID-19 vaccine ETS for private-sector workers, what does my company need to do to adhere to the guidelines?

A: On November 4, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced an emergency temporary standard (ETS), containing the anticipated COVID-19 vaccination rule covering private companies with 100 or more employees. The ETS became effective immediately on November 5 upon its publication in the Federal Register. On November 6, the Fifth Circuit Federal Court of Appeals granted an emergency motion to stay enforcement of the ETS effectively nationwide, pending further action by the court, which could come as early as November 9 at 6 p.m. ET. Other challenges to the ETS’s enforcement have been filed in the Eighth, Sixth, and Eleventh circuits thus far.