Join Jen Shaw every Wednesday morning for insightful commentary about legal developments, discussions with special guests, and much, much more. Listen to past podcasts here!
Episode77: There’s No Such Thing as a “Good” Employee with a “Bad” Attitude
(May 31, 2023) In this episode, Jen reminds us what it takes to be a “good” employee, and why employers must effectively address employee behavior issues.
Episode 76: Remote Worker Challenges
(May 24, 2023) In this episode, Jen discusses how effectively to manage remote workers and when to pull the plug.
Episode 75: What is a Wage Order?
(May 17, 2023) In this episode, Jen explores the Industrial Welfare Commission’s Wage Orders and explains why employers must know which one(s) applies to their business.
Episode 74: Understanding “Workers’ Compensation Leave”
(May 10, 2023) In this episode, Jen explains why “workers’ compensation leave” doesn’t exist, and how to manage employees who are off for work-related injuries or illnesses.
Episode 73: Why Can Everyone Be Classified as “Exempt”?
(May 3, 2023) In this episode, Jen discusses why most employees must be treated as “non-exempt,” and paid (among other things) applicable overtime.
Episode 72: Performance Management in the REAL World
(April 26, 2023) In this episode, Jen tells the truth about managing employee performance, and offers tools to help leaders get it done.
Episode 71:The Top 5 Ways to Stay Out of Court
(April 19, 2023) In this episode, Jen highlights the five things all employers should do to avoid employment law liability.
Episode 70: How to Respond to Layoff Fears
(April 12, 2023) In this episode, Jen provides tools for leadership to address employees’ fears about potential layoffs and the economy.
Episode 69: Using Strategic Thinking to Drive Success
(April 5, 2023) In this episode, Jen discusses why she started Shaw Law Group and how strategic thinking has made the firm so successful.
Episode 68: More California Meal Period Guidance
(March 29, 2023) In this episode, Jen and fellow Shaw Law Group wage-hour guru Megan Donaghey discuss recent court guidance addressing California’s meal period rules.
Episode 67: Come On…It’s 2023!
(March 22, 2023) In this episode, Jen reminds us that female employees still receive inappropriate comments about their appearance, and offer some suggestions to stop this behavior.
Episode 66: Key Leadership Insights
(March 15, 2023) In this episode, Jen welcomes special guest Anne Fields, a workplace coach who helps leaders drive a positive culture and eliminate friction in the office.
Episode 65: Critical New Restrictions on Confidentiality and Non-Disparagement Provisions
(March 8, 2023)In this episode, Jen discusses the National Labor Relations Board’s new decision regarding the legality of confidentiality and non-disparagement provisions.
Episode 64: Mandatory Arbitration is Back!
(March 1, 2023) In this episode, Jen and Trish Higgins, Shaw Law Group’s litigation guru, discuss the recent 9th Circuit decision upholding mandatory arbitration agreements.
Episode 63: Documentation: It Can Help You or Hang You
(February 22, 2023) In this episode, Jen reminds us of the rules for creating defensible workplace documentation.
Episode 62: Pregnancy Leave Traps
(February 15, 2023) In this episode, Jen addresses the complexities of pregnancy leave.
Episode 61: How to Deliver Bad News
(February 8, 2023) In this episode, Jen and special guest Amii Barnard-Bahn, a lawyer, executive coach, and all around great person, discuss the best approaches for leaders to deliver the news that no one wants to hear.
Episode 60: Pay Scales 101
(February 1, 2023) In this episode, Jen discusses California’s pay transparency rules in more detail, including the new pay scale requirements.
Episode 59: How to Teach Soft Skills
(January 25, 2023) In this episode, Jen explains why soft skills are particularly important after COVID-19, and offers suggestions to help everyone in your organization focus on this key development area.
Episode 58: Implementing a Dynamite Performance Management Process
(January 18, 2023) In this episode, Jen reminds us about the importance of performance management, and offers a number of key tools to make the process effective and relatively low risk.
Episode 57: The Focus for 2023? Retention!
(January 11, 2023) In this episode, Jen discusses why many employers should be focused on retention this year, and provides several proven strategies to keep employees engaged and committed.
Episode 56: Workplace Trends for 2023
(January 4, 2023) In this episode, Jen reveals the top workplace trends for 2023, including remote/hybrid working, flexible/alternative schedules, surveillance, and employee retention strategies.
Episode 55: Happy (Almost!) New Year!
(December 28, 2022) In this episode, Jen examines a few of the new California laws for 2023, and offers a “to do” list for HR professionals.
Episode 54: The 12 Days of Workplace Wishes
(December 21, 2022) In this episode, Jen reveals her 12 wishes for the workplace.
Episode 53: DEI (and B!): Practical Considerations
(December 14, 2022) In this episode, Jen reminds us how to be inclusive without offending others, and the meaning of “Belonging.”
Episode 52: “Personal” Relationships at Work
(December 7, 2022) In this episode, Jen and Jasmin Darron, a Shaw Law Group attorney expert, chat about “personal” relationships at work, nepotism policies, and how to avoid conflicts of interest.
Episode 51: Pay Scales Now Required in Most Job “Postings”
(November 30, 2022) In this episode, Jen discusses SB 1162. The new law requiring employees with 15 or more employees to include “pay scales” in all job postings.
Episode 50: How to Deal with a Challenging Leader
(November 23, 2022) In this episode, Jen offers some tips for HR professionals to deal with challenging (i.e., difficult!) leaders.
Episode 49: Should You Save Employee Interview Notes?
(November 16, 2022) In this episode, Jen discusses the pros and cons of retaining employee interview notes.
Episode 48: Remote Work and “Camera On” Policies
(November 9, 2022) In this episode, Jen addresses remote work and the pros and cons of “camera on” policies for videoconferences.
Episode 47: California’s New 2023 Employment Laws in 15 Minutes
(November 2, 2022) In this episode, Jen provides a quick overview of the new employment laws for 2023 and beyond. (Hint: Register here for our 22nd annual Employment Law Update to get the details!)
Episode 46: The Importance of “Temperature Reads” at Work
(October 26, 2022) In this episode, Jen and Brooke Kozak, a Senior Investigator with Shaw Law Group, discuss the value of “temperature reads” at work.
Episode 45: More Paid Sick Leave Complexities
(October 19, 2022) In this episode, Jen uncovers the many complexities of paid sick leave.
Episode 44: “Pot” Protections Coming!
(October 12, 2022) In this episode, Jen discusses AB 2188, the bill Governor Newsom recently signed regarding cannabis.
Episode 43: What is “Quiet Quitting”?
(October 5, 2022) In this episode, Jen explains the concept of “quiet quitting.”
Episode 42: What Documents Belong in a Personnel File?
(September 28, 2022) In this episode, Jen lists the documents that should (and should not!) be included in a personnel file.
Episode 41: How Far Can Employers Go to Eliminate Potential Conflicts of Interest?
(September 21, 2022) In this episode, Jen addresses workplace conflicts of interest and the steps employers should take to prevent them.
Episode 40: Be Kind!
(September 14, 2022) In this episode, Jen reminds us why it’s so important to be kind at work.
Episode 39: Putting Leave Requests in the Right Box
(September 7, 2022) In this episode, Jen discusses the distinction between statutory leave and leave as a reasonable accommodation.
Episode 38: Pets at Work
(August 31, 2022) In this episode, Jen discusses the obligation to allow service, assistive, and emotional support animals to come to work, and when an employer can make Rover stay home.
Episode 37: The Importance of Wage and Hour Audits
(August 24, 2022) In this episode, Jen discusses why employers should conduct workplace wage and hour audits and how to keep the results privileged.
Episode 36: The “ABCs” of Independent Contractors in California
(August 17, 2022) In this episode, Jen discusses the risks of independent contractor classification and AB 5.
Episode 35: COVID-19 Workplace Refresher
(August 10, 2022) In this episode, Jen reminds listeners about their obligations under the Cal/OSHA ETS, what to do when COVID-19 hits their workplace, and how the CDPH’s revised definition of “close contact” may change your employer practices.
Episode 34: Tips for Employee Recruitment and Retention in an Impossible Market
(August 3, 2022) In this episode, Jen discusses the “Great Resignation” and tips for recruiting and retaining talent in our challenging job market.
Episode 33: The DOL’s Recent “Retaliation” Bulletin
(July 27, 2022) In this episode, Jen discusses the federal Department of Labor’s “retaliation” bulletin, and strategies for avoiding liability in this area.
Episode 32: Employer Liability for COVID-19 Deaths
(July 20, 2022) In this episode, Jen discusses the recent wave of civil litigation related to COVID-19 deaths.
Episode 31: Rest/Meal Period Premiums: Wages or Penalties, and Who Cares?
(July 13, 2022) In this episode, Jen discusses the California Supreme Court’s recent decision in Naranjo v. Spectrum Security Services, Inc. regarding the proper treatment of Labor Code section 226.7 “premium pay.”
Episode 30: The ABC’s of DLSE Conferences and Hearings
(July 6, 2022) In this episode, Jen walks through the DLSE’s conference and hearing processes, and offers some practical strategies for navigating the system.
Episode 29: The Interaction Between Workers’ Compensation and Employment Laws
(June 29, 2022) In this episode, Jen discusses common misperceptions about workers’ compensation and employment laws.
Episode 28: Arbitration Agreements and PAGA Claims: Good News for Employers
(June 22, 2022) In this episode, Jen welcomes fellow employment law attorney Tim Del Castillo for a discussion of the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana regarding including waivers of PAGA claims in arbitration agreements.
Episode 27: Don’t Be Such a Bully!
(June 22, 2022) In this episode, Jen addresses the negative effects of bullying at work, and how to distinguish bullying from EEO-related concerns.
Episode 26: You Don’t Have to Pay Me!
(June 15, 2022) In this episode, Jen discusses the current status of employment arbitration agreements, and the upcoming U.S. Supreme Court case in Viking River Cruises, Inc. v. Moriana, which could pave the way to include PAGA waivers in California agreements.
Episode 25: What IS the “Regular Rate of Pay” and Why Does It Matter?
(June 8, 2022) In this episode, Jen explains how to properly calculate a non-exempt employee’s “regular rate of pay,” and the significant liability resulting from employer errors.
Episode 24: Performance Reviews: A Valuable Tool if Done Right
(June 1, 2022) In this episode, Jen discusses how to conduct effective performance reviews and common employer mistakes in this important area.
Episode 23: Arbitration Agreements: As the World Turns
(May 25, 2022) In this episode, Jen discusses the current status of employment arbitration agreements, and the upcoming U.S. Supreme Court case in Viking River Cruises, Inc. v. Moriana, which could pave the way to include PAGA waivers in California agreements.
Episode 22: A 4-Day Workweek? The Real Scoop
(May 18, 2022) In this episode, Jen talks about the California Legislature’s 4-day workweek proposal, and the practical impact if it becomes law.
Episode 21: Hiring Minors: How to Stay Out of Trouble
(May 11, 2022) In this episode, Jen helps employers understand their legal obligations when hiring minors. With summer quickly approaching, this topic is critical for anyone who hires employees of any age who are still in school.
Episode 20: Employment Litigation: Perspectives from the “Other Side”
(May 4, 2022) In this episode, Jen chats with Tim Del Castillo, a respected litigator who represents both employers and employees. Jen and Tim offer practical guidance on the most common employer mistakes and how to stay out of court.
Episode 19: The Investigation Report: How to Write It, Who Gets a Copy, and Why to Keep it Confidential
(April 27, 2022) In this episode, Jen provides insights into how to draft investigation reports and what to do with them after the investigation is over.
Episode 18: The Role of Confidentiality in Workplace Investigations
(April 20, 2022) In this episode, Jen discusses the importance of confidentiality in internal investigations, and why it’s hard for everyone to keep secrets.
Episode 17: When to Bring in an Outside Investigator
(April 13, 2022) In this episode, Jen explains why most investigations can be conducted internally, and when to retain an outside investigator.
Episode 16: Trends in Workplace Investigations
(April 6, 2022) In this episode, Jen discusses recent trends in workplace investigations, including a significant increase in complaints related to remote work.
Episode 15: The EEOC’s New COVID-19 Caregiver Guidance
(March 30, 2022) In this episode, Jen discusses the federal Equal Employment Opportunity Commission’s new guidance regarding discrimination against COVID-19 caregivers, and how California can stay out of trouble in this complex area.
Episode 14: Dress and Appearance Policies
(March 23, 2022) In this episode, Jen and Erika discuss dress and grooming policies and standards for remote, hybrid, and in-person work environments.
Episode 13: Workplace Gambling
(March 16, 2022) In this episode, Jen and Erika address the Super Bowl, March Madness, and workplace gambling!
Episode 12: DFEH Pay Data Reporting Deadline
(March 9, 2022) In this episode, Jen and Erika remind employers about California’s Pay Data Reporting requirements, and offer tips on how employers can meet the April 1, 2022, reporting deadline.
Episode 11: Equal Pay Rules
(March 2, 2022) In this episode, Jen and Erika celebrate the US women’s soccer team settling their equal pay lawsuit and reminding employers about CA’s equal pay laws.
Episode 10: What the Heck? Why Are Leave of Absence Laws So Complicated?
(February 23, 2022) In this episode, Jen provides tips for employers struggling to comply with various leave of absence laws, including the FMLA/CFRA, California’s Pregnancy Disability Leave law, the Americans with Disabilities Act, and California’s Fair Employment and Housing Act.
Episode 9: Supplemental Sick Leave for 2022 Part II
(February 22, 2022) In this episode, Jen and Erika answer some of your pressing questions about the new COVID-19 Supplemental Sick Leave (SB 114).
Episode 8: Supplemental Sick Leave for 2022
(February 18, 2022) In this Podcast, Jen discusses the new “COVID-19 Supplemental Sick Leave” law for California employers with 26 or more employees and highlights some of the new provisions employers must follow beginning February 19, 2022.
Episode 7: The Truth About Independent Contractors
(February 16, 2022) In this episode, Jen dispels several independent contractor myths, explains how to evaluate independent contractor status under the “ABC Test” recognized by the California Supreme Court in the 2018 Dynamex decision and in AB 5, and reminds employers of the substantial liability associated with misclassification of employees as contractors/consultants.
Episode 6: COVID-19 and Substance Abuse at Work
(February 9, 2022) In this episode, Jen explains why COVID-19 has increased substance abuse at work, and the steps employers should take to help employees seeking rehabilitation.
Episode 5: Disability Protections for COVID-19 Illnesses
(February 2, 2022) In this episode, Jen reviews the federal Equal Employment Opportunity Commission’s recent COVID-19 guidance, and explains why employers must consider whether an employee’s COVID-19 diagnosis may constitute a “disability” requiring reasonable accommodation.
Episode 4: Rest and Meal Breaks – It is Not About Lunch!
(January 26, 2022) In this episode, Jen and Erika Frank remind employers about their obligation to provide hourly employees with compliant rest and meal breaks. Jen also discusses Ferra v. Loews Hollywood Hotel, a 2021 California Supreme Court decision in which the Court determined that the premium pay owed to an employee for a missed rest or meal break is calculated based on the employee’s regular rate of pay, and not at the employee’s base rate of pay.
Episode 3: Sexual Harassment Prevention: It is Not Just About Sex!
(January 19, 2022) In this episode, Jen and Erika Frank remind employers about the importance of Equal Employment Opportunity (EEO) training, a.k.a sexual harassment prevention training. Jen explains that EEO Compliance is not just about sex. Diversity, equity, inclusion (and belonging) are important topics to include when training employees about EEO compliance. Remember: It is not where you are, but who you are with!
Episode 2: New Document Retention Requirements
(January 12, 2022) In this episode, Jen and Erika Frank talk about a new California law that requires employers to retain employee records for four years. Jen also discusses which personnel documents must be kept confidential and why.
Episode 1: Job Description Clean-Up
(January 5, 2022) In this episode, Jen and Erika Frank offer listeners a New Year’s Resolution – review and update employee job descriptions! Jen talks about why an updated job description is so important, especially now that job duties may have changed due to COVID-19.
Welcome to “Workplace Wake-Up With Jen”! Tune in every Wednesday morning for cutting-edge information, commentary, and entertainment! She will bring the same energy and commitment to the podcast as she has to her 100+ episode webinar series, “Wake-Up Wednesday with Jen.” Listen and subscribe where you get your podcasts.