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 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.