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!
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.