In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in the highly regulated cannabis industry and reflect on the evolution of the industry, highlighting its unexpected sophistication and the challenges of compliance with various laws. Tune in for a unique discussion featuring clips from Dave Chappelle’s Half Baked.
Texas Court Temporarily Enjoins FTC Noncompete Ban Rule
As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC) controversial noncompete ban rule. The court’s decision, however, is limited to the named plaintiffs — a tax accounting firm and several business groups — in the case. Although the stay is temporary pending the court’s final decision on the merits of the case and applies only to the movants in the case, it signals that a permanent and nationwide injunction is likely.
Employing Foreign Talent: Visa Challenges and Compliance Insights, Featuring The Proposal
In this episode of Hiring to Firing, hosts Tracey Diamond and Evan Gibbs delve into the complexities of employing foreign workers with special guest Robert Lee, partner at Troutman Pepper who leads the firm’s immigration practice. Listen as they discuss various work visas and legal compliance issues involving business immigration. The episode also explores the real-life implications of visa denials and the process of marriage-based citizenship, featuring clips from the popular film, The Proposal, starring Sandra Bullock and Ryan Reynolds.
New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination
Q. Is there a new standard in New Jersey for disparate impact discrimination?
A. The New Jersey Division on Civil Rights recently proposed new rules revising the legal standard for disparate impact discrimination and outlining the burdens of proof required under the New Jersey Law Against Discrimination. In addition to outlining a new standard for disparate impact discrimination in employment, the rules also include updated standards and guidance for housing, housing financial assistance, public accommodations, and contracting sectors.
Unique Challenges and Benefits of Family-Run Businesses, Inspired by Modern Family
In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Terri Gillespie, general counsel at Stateside Brands, a family-run business. The three draw parallels from the popular TV series, Modern Family, and share their own personal experiences working with family members. Join us for an engaging conversation, offering practical advice on how to navigate the unique challenges of working with family while making the most of its benefits.
The Reality of DEI Programs: A Big Brother Perspective
In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs, along with Erin Cannon, director of diversity, equity, and inclusion (DEI) at Troutman Pepper, draw parallels between the popular reality TV show Big Brother to discuss the future of corporate DEI programs after the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard. They discuss the benefits of affinity groups, the importance of allyship, and the significance of focusing on inclusion and belonging in the workplace.
OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During Inspections
Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite?
A. Yes. Earlier this month, the Occupational Safety and Health Administration (OSHA) issued a Final Rule that significantly revises OSHA’s longstanding regulations concerning an employee’s right to choose a representative to participate during OSHA’s physical inspection of a workplace. Under the new final rule, employees will be permitted to bring other employees or nonemployee third parties (including nonemployee union representatives) on OSHA walkarounds at union and nonunion workplaces, if these individuals are “reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace by virtue of their knowledge, skills, or experience.” The new rule will take effect on May 31.
New DOL Rule: Changes to Salary Thresholds for Overtime Exemptions
On Tuesday, the U.S. Department of Labor (DOL) released a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees,” which significantly raises the salary thresholds for exemption from overtime pay for bona fide executive, administrative, and professional employees.
Unraveling the Concept of Garden Leave: Insights From Silicon Valley
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm’s Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden leave. What are the pros and cons of having employees sit on the bench? What is the difference between garden leave and noncompete agreements? Tune in for an engaging dialogue on this unique aspect of employment transition.
Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct
Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under Section 5 of the FTC Act, as an unfair method of competition. Commissioner Bedoya advocated that worker misclassification — when an employer classifies a worker, who should be an employee, as an independent contractor — satisfies the criteria established by the FTC in its November 2022 policy statement, for when conduct constitutes an unfair method of competition. Specifically, the commissioner stated that worker misclassification distorts competitive conditions when it allows companies who improperly classify their employees as independent contractors to underbid those competitors that correctly classify employees. Additionally, worker misclassification may be coercive, exploitative, and abusive when workers who know they are being misclassified feel that they have no choice but to accept such treatment. Commissioner Bedoya also suggested that an employer’s efforts to limit the independence of a worker classified as an independent contractor could constitute an illegal vertical restraint on trade.