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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.

Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent comment, the answer to that question is yes. The Bureau’s official comment comes in response to a request for information issued by the White House’s Office of Science and Technology Policy on the impact of automated tools used by employers to monitor and evaluate workers. The CFPB’s position that the FCRA applies to automated worker surveillance tools is consistent with the Bureau’s March 2023 request for information on data brokers, discussed here, to determine whether the FCRA applies to modern data surveillance practices.

Continue Reading CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

What does your management style say about you? Do you demand perfection from your team? Is perfectionism a double-edged sword? Partners Tracey Diamond and Evan Gibbs sit down with Elise Holtzman, founder of The Lawyer’s Edge, to talk about the classic movie, The Devil Wears Prada, and the difference between pursuing perfectionism and pursuing excellence.

Continue Reading Managing Perfectionism: The Devil Wears Prada

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)?

A. Yes. On May 18, the EEOC released new guidelines, explaining how employers’ use of AI could trigger a federal employment law violation. This development makes the government’s position clear: Employers using AI in the workplace run the risk of violating antidiscrimination law — specifically, Title VII of the Civil Rights Act of 1964.

Continue Reading With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Sometimes it’s not what you say, but how you say it. What’s the best approach to managing and getting the most out of your employees? Are there gender and generational challenges to administering performance management effectively?  Is communication and training the answer? Partners Tracey Diamond and Evan Gibbs sat down with Laura Yehuda, a Principal with Ernst & Young LLP’s People Advisory Services, to talk about the popular TV show, The Bear, hoagies versus subs, and best practices when delivering performance messages.

Continue Reading Making Sandwiches and Managing Employees: Hulu’s The Bear

How do you determine when an employee is impaired at work? How do you detect drug use in a remote work environment? When can you ask an employee to take a drug test? Partners Tracey Diamond and Evan Gibbs sat down with Squarespace Senior Counsel Larissa Boz to talk about the popular Max series Industry and managing employee performance and drug use.

Continue Reading Max TV Series Industry and Drugs in the Workplace

Most companies know that they can’t demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with CyberRisk Alliance VP of People Ying Wong to talk about the popular Netflix show Partner Track, workplace diversity, and unconscious bias.

Continue Reading Unconscious Bias and Netflix’s Partner Track

What risks do companies face for failing to timely and sometimes appropriately investigate workplace complaints? In the first video recording of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with DS Smith General Counsel for North America Josh Burnette to talk about the popular Netflix show Monster: The Jeffrey Dahmer Story and workplace whistleblowing complaints.

Continue Reading Workplace Whistleblowing Complaints and Netflix’s Monster: The Jeffrey Dahmer Story

Published in Law360 on March 28, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

George Costanza, a character from the classic sitcom “Seinfeld,” is the original “quiet quitter,” a term used for employees who do the bare minimum at work. Hear from the master himself:

Continue Reading Water Cooler Talk: Quiet Quitting Insights From ‘Seinfeld’

What responsibilities do managers and coworkers have to prevent or stop harassment in the workplace? Is silence just as bad as the harassment itself? Partners Tracey Diamond and Evan Gibbs sit down with Megan Bigelow, assistant general counsel at Sonesta Hotels, to talk about the popular Apple TV series The Morning Show and harassment in the workplace. Hear all this and more in Episode 13 of the Hiring to Firing Podcast!

Continue Reading Bystander Responsibility in the Era of #MeToo: Lessons Learned From Apple TV’s The Morning Show

George Costanza was the master at “quiet quitting” — the latest term for employees who do the bare minimum. Have your employees joined this trend? Is production down in the office? Partners Tracey Diamond and Evan Gibbs sit down with Paradies Lagardere litigation and compliance attorney Rebecca Silk to talk about the popular TV series Seinfeld and the quiet quitting trend. Hear all this and more in Episode 12 of the Hiring to Firing Podcast!

Continue Reading The Costanza Effect: What the TV Series Seinfeld Teaches Us About Quiet Quitting