---
title: "Employment Law Webinars | Free Legal Webinars 2024"
description: ""
url: "https://wimlaw.com/events/webinars"
date: "2026-06-01T23:08:31+00:00"
language: "en-US"
---

#  Webinars: Employment Law "Hot Topics"

Wimberly Lawson is informing people and organizations about labor and employment law topics through a series of free webinars. The live webinars are conducted on the first Friday of every month, at noon EST, and last 45 minutes. Most webinars will be made available on-demand.

They include a discussion of the announced topic, a summary of recent developments in labor and employment law, and a question-and-answer session.

The webinars cover a range of topics, including employee misclassification, overtime issues, sexual harassment, union organizing, employee classification, government inspections, OSHA's heat stress rule, attractive targets for plaintiffs' lawyers, the Fair Labor Standards Act, COVID-19, and harassment victim lawsuit rights. Check out past, on-demand, and upcoming webinars below.

 [ ![statue of liberty](https://wimlaw.com/media/yootheme/cache/cb/xiaoqian-shen-J9OzbBogqK0-unsplash-cb03c53e.jpg)

####  Worksite Enforcement and TPS and Parole Status Update

Upcoming Webinar

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221)

 [ ![we are now hiring sign, store front](https://wimlaw.com/media/yootheme/cache/2c/eric-prouzet-B3UFXwcVbc4-unsplash-2c8fb85e.jpg)

####  Status of Disparate Impact Theory of Discrimination – Hiring Procedures Disproportionately Affecting One Racial or Sexual Group Over Another

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1581:disparate-impact-theory-discrimination&catid=221)

 [ ![legal minefield cartoon](https://wimlaw.com/media/yootheme/cache/b1/Gemini_Generated_Image_p5y1nhp5y1nhp5y1-1920-b1661b06.jpg)

####  Navigating the New Legal Minefield of Automated (AI Driven) HR

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1572:automated-hr-legal-minefield&catid=221)

 [ ![Reining In the Administrative State: What the Supreme Court Has Been Up To, and Why it Matters for Employers, promo graphic](https://wimlaw.com/media/yootheme/cache/30/connor-gan-WJLot2BVj90-unsplash-30cd5025.jpg)

####  Reining In the Administrative State: What the Supreme Court Has Been Up To, and Why it Matters for Employers

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1562:reining-state-scotus-employers&catid=221)

 [ ![religuous symbols](https://wimlaw.com/media/yootheme/cache/78/noah-holm-UVssyWRCB24-unsplash-78f823fd.jpg)

####  Resolving Conflict Between Religious Expression and the Civil Rights of Others

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1538:religious-accommodation-hardship-eeoc&catid=221)

 [ ![stack of books](https://wimlaw.com/media/yootheme/cache/72/mikhail-pavstyuk-EKy2OTRPXdw-unsplash-7202ae6f.jpg)

####  Top 10 Most Important Labor and Employment Law Changes in 2025

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1525:2025-labor-law-changes&catid=221)

 [ ![webinar promo graphic](https://wimlaw.com/media/yootheme/cache/9b/1200-giu-vicente-MrW2Te7dRSo-unsplash-9b541bb6.jpg)

####  The Perils and Pitfalls of Commissions

Available On-Demand

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 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1524:perils-pitfalls-commissions&catid=221)

 [ ![quieted](https://wimlaw.com/media/yootheme/cache/30/gama-films-hpv81oxYZ34-unsplash-3092a371.jpg)

####  Kirk’s Killing Cautions Employers To Consider Speech Policing

Available On-Demand

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 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1514:employers-speech-policing-advice&catid=221)

 [ ![rosarie](https://wimlaw.com/media/yootheme/cache/61/james-coleman-QHRZv6PIW4s-unsplash-610021d9.jpg)

####  New Rules for Religious Discrimination and Accommodation In the Workplace

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1509:workplace-religious-discrimination-accommodation&catid=221)

 [ ![](https://wimlaw.com/media/yootheme/cache/cf/considerate-agency-HYLeihrukyo-unsplash-cfab2947.jpg)

####  As the Trump Administration Ramps Up Worksite Enforcement, Here's How to Be Ready

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1498:trump-worksite-enforcement-prepare&catid=221)

 [ ![](https://wimlaw.com/media/yootheme/cache/d3/scott-graham-5fNmWej4tAA-unsplash-d313eff6.jpg)

####  How to Audit Employment Discrimination Laws Compliance

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1497:employment-discrimination-compliance&catid=221)

 [ ![hundred dollar bills in a fan shape](https://wimlaw.com/media/yootheme/cache/6c/engin-akyurt-46g_OpI_spA-unsplash-6c0fe0da.jpg)

####  Costly Mistakes Employers Make With Workers’ Compensation

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1478:mistakes-employers-workers-comp&catid=221)

 [ ![you belong image](https://wimlaw.com/media/yootheme/cache/d4/tim-mossholder-ZFXZ_xMYTZs-unsplash-d4d95516.jpg)

####  Issues on DEI from EEOC and DOJ AND Fast Breaking News on Recent Supreme Court Decisions Affecting Immigrant Work Authorizations.

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1470:dei-issues-eeoc-doj&catid=221)

 [ ![red puzzle piece being placed](https://wimlaw.com/media/yootheme/cache/25/ryoji-iwata-5siQcvSxCP8-unsplash-254bc822.jpg)

####  Ideas for Coping with Labor Shortages in Light of Immigration Changes

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1463:ideas-coping-labor-shortages-immigration&catid=221)

 [ ![Silhouette worker](https://wimlaw.com/media/yootheme/cache/57/sajedeh-abbasi-LaChOIxV4rQ-unsplash-5726282a.jpg)

####  Employment Policy Changes to Be Considered in Light of Current NLRB Changes

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1462:employment-nlrb-changes&catid=221)

 [ ![promo graphic for Change Is In the Air at EEOC and USDOL](https://wimlaw.com/media/yootheme/cache/d8/ross-findon-mG28olYFgHI-unsplash-d893783c.jpg)

####  Change Is In the Air at EEOC and USDOL

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1461:change-eeoc-usdol&catid=221)

 [ ![fence](https://wimlaw.com/media/yootheme/cache/65/phil-botha-20VfF_v0GZY-unsplash-657e90ce.jpg)

####  Immigration Issues – Are You Ready for the New Administration’s Changes in Enforcement?

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1449:immigration-trump-administrations-changes-enforcement&catid=221)

 [ ![photo of a globe on a table](https://wimlaw.com/media/yootheme/cache/2e/kyle-glenn-nXt5HtLmlgE-unsplash-2ef14582.jpg)

####  “Over Here, Over There:” Transnational Issues in Employment Law

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1433:international-labor-law&catid=221)

 [ ![Where do we go from here? Promo graphic](https://wimlaw.com/media/yootheme/cache/4a/rene-deanda-zfKlCKK-Ql0-unsplash-4a976bbe.jpg)

####  Where Do We Go From Here? How the New Administration is Likely to Address Labor and Employment Issues

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1434:new-administration-labor-employment&catid=221)

 [ ![pay your tax now here vintage photo](https://wimlaw.com/media/yootheme/cache/f4/the-new-york-public-library-kAJLRQwt5yY-unsplash-f452f236.jpg)

####  TIPS: A Fresh Look at Tip Tax Exemptions & Their Implications

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1432:future-legalities-tipping-america&catid=221)

 [ ![children lined up in boots](https://wimlaw.com/media/yootheme/cache/a5/ben-wicks-iDCtsz-INHI-unsplash-a5eeebbb.jpg)

####  What About the Children? How to Address Child Labor and Immigration Issues in the Hiring Process

Available On-Demand

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1431:child-labor-immigration-hiring&catid=221)

 [ ![russian nesting dolls](https://wimlaw.com/media/yootheme/cache/e8/simon-hurry-QtiZpH_N2sA-unsplash-e88a2b50.jpg)

####  “Me, Too?” Yes, You! Let’s Revisit and Revise Your Company’s Policies Against Sex Harassment

Available On-Demand

Presenter(s): Sheri Oluyemi & Sarah Kessler

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1423:me-too-sexual-harassment-policies&catid=221)

 [ ![goggles must be worn sign](https://wimlaw.com/media/yootheme/cache/a4/adam-birkett-Wm4lmsUHv7M-unsplash-a4918749.jpg)

####  OSHA Calling! How to Handle a Walk-Around and the New HazCom Requirements

Available On-Demand

Presenter(s): J. Larry Stine

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1415:osha-walk-arounnd-hazcom&catid=221)

 [ ![white collar shirt in a closet](https://wimlaw.com/media/yootheme/cache/0a/nimble-made-hMMXhKSZk7k-unsplash-0a765023.jpg)

####  Strategy for Meeting the New White-Collar Overtime Exemption Requirements

Available On-Demand

Presenter(s): J. Larry Stine & Elizabeth K. Dorminey

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1399:strategy-white-collar-overtime-exemption&catid=221)

 [ ![a company office, indoors](https://wimlaw.com/media/yootheme/cache/f1/israel-andrade-YI_9SivVt_s-unsplash-f1d004c0.jpg)

####  Procedural Accommodations: Efficiently Handling Employer Obligations

Available On-Demand

Presenter(s): James L. Hughes & Paul Oliver

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1376:employer-obligations-procedural-accommodations&catid=221)

 [ ![protester](https://wimlaw.com/media/yootheme/cache/29/clem-onojeghuo-DoA2duXyzRM-unsplash-2941c722.jpg)

####  Dealing with New Forms of Union and Non-Union Labor Protests: Badges, Walkouts, and Other Labor Demonstrations

Available On-Demand

Presenter(s): James W. Wimberly, Jr.

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1375:union-labor-protests-badges-walkouts-demonstrations&catid=221)

 [ ![woman holding her pregnant belly outside](https://wimlaw.com/media/yootheme/cache/82/camylla-battani-son4VHt4Ld0-unsplash-8296d34b.jpg)

####  Understanding the New Pregnant Workers’ Fairness Act

Available On-Demand

Presenter(s): Sheri Oluyemi & Elizabeth K. Dorminey

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1374:pregnant-works-fairness-act-commentary&catid=221)

 [ ![2023 folder](https://wimlaw.com/media/yootheme/cache/33/kajetan-sumila-bxaqUeVIGHU-unsplash-3388a002.jpg)

####  Reflections: 2023 in Review

Available On-Demand

Presenter(s): James W. Wimberly

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1360:2023-legal-review&catid=221)

 [ ![group of people inside a skyscraper looking outside](https://wimlaw.com/media/yootheme/cache/83/viktor-krc-E7qSsgMsXyA-unsplash-838c881f.jpg)

####  Power in Numbers: FLSA Collective Actions and Class Actions

Available On-Demand

Presenter(s): J. Larry Stine & Elizabeth K. Dorminey

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1355:flsa-collective-class-action&catid=221)

 [ ![children sitting on a bench](https://wimlaw.com/media/yootheme/cache/1b/piron-guillaume-cRRDzGxqVe8-unsplash-1b174a99.jpg)

####  Suffer the Little Children: 21st Century Child Labor Challenges

Available On-Demand

Presenter(s): J. Larry Stine & Elizabeth K. Dorminey

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1354:child-labor&catid=221)

 [ ![stuffed animal broken on the ground outdoors](https://wimlaw.com/media/yootheme/cache/8c/gabrielle-henderson-HJckKnwCXxQ-unsplash-8c51b317.jpg)

####  EEOC Issues Tough New Harassment Guidelines

Available On-Demand

Presenter(s): Paul Oliver & Sheri Oluyemi

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1343:eeoc-harassment-guidelines&catid=221)

 [ ![church steeple with a cross, blue sky, outdoors](https://wimlaw.com/media/yootheme/cache/ad/akira-hojo-_86u_Y0oAaM-unsplash-ad2c76bc.jpg)

####  Sometimes We Just Have to Talk About It: Navigating New Rules on Religious Accommodation

Available On-Demand

Presenter(s): Elizabeth K. Dorminey & Sheri Oluyemi

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1342:religious-accommodations&catid=221)

 [ ![a hammer smashing an object on a table](https://wimlaw.com/media/yootheme/cache/ea/theo-crazzolara-k8mRwVA4MpA-unsplash-ea48e44c.jpg)

####  How Employers Can Avoid Forced Unionization Through the New NLRB Card-Check Case

Available On-Demand

Presenter(s): James W. Wimberly & J. Larry Stine

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1341:employers-avoid-forced-unionization-nlrb-card-check&catid=221)

 [ ![empty seats in an auditorium](https://wimlaw.com/media/yootheme/cache/e4/nathan-dumlao-ewGMqs2tmJI-unsplash-e411f40b.jpg)

####  Supreme Court Affirmative Action Ruling: What Employers Need to Know

Available On-Demand

Presenter(s): James W. Wimberly & Sheri E. Oluyemi

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1336:employers-scotus-affirmative-action&catid=221)

 [ ![restaurant, indoors](https://wimlaw.com/media/yootheme/cache/95/shawnanggg-nmpW_WwwVSc-unsplash-95b04fe1.jpg)

####  Tips on Tipping for Georgia Restaurateurs — Part 2: Navigating FLSA Compliance & Liability Avoidance

Available On-Demand

Presenter(s): J. Larry Stine & Les A. Schneider

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1326:flsa-compliance-liability-avoidance&catid=221)

 [ ![restaurant, indoors](https://wimlaw.com/media/yootheme/cache/5d/alex-haney-CAhjZmVk5H4-unsplash-5df8280e.jpg)

####  Tips on Tipping for Georgia Restaurateurs — Part 1: Mastering Wage & Hour Regulations

Available On-Demand

Presenter(s): J. Larry Stine & Les A. Schneider

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1325:restaurateurs-tipping-wages-hour-regulation&catid=221)

 [ ![grocery store shortage](https://wimlaw.com/media/yootheme/cache/08/mick-haupt-pOEY_iRFg60-unsplash-0897bfe0.jpg)

####  Where Have All the Workers Gone? Strategies for Coping with Labor Shortages

Available On-Demand

Presenter(s): J. Larry Stine & James L. Hughes

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1301:labor-shortage-coping-strategies&catid=221)

 [ ![labor working outdoors with pick ax](https://wimlaw.com/media/yootheme/cache/3d/javad-esmaeili-5joETpoQwag-unsplash-3db2cad5.jpg)

####  What’s New? A Review of Recent Labor and Employments Laws That May Affect Your Business

Available On-Demand

Presenter(s): Elizabeth K. Dorminey & Sheri Oluyemi

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1300:labor-employment-laws-business-effects&catid=221)

 [ ![man in the city, outdoors, looking around](https://wimlaw.com/media/yootheme/cache/35/saulo-mohana-wNz7_5EvUWU-unsplash-3519e322.jpg)

####  New Horizons in Employment Discrimination — Changing Definitions and Expanding Liability

Available On-Demand

Presenter(s): J. Larry Stine & Paul Oliver

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1299:employment-discrimination-horizons&catid=221)

 [ ![airplane in the sky, outdoors, black and white](https://wimlaw.com/media/yootheme/cache/78/airplane-kelly-sikkema-z5GixcieGKg-unsplash-78ff0f10.jpg)

####  Leave of Absence Policy Considerations – Must Haves, Should Haves & Things to Avoid

Past Webinar

Presenter(s): J. Larry Stine and Elizabeth K. Dorminey

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1291:leave-absence-policy-tips&catid=221)

 [ ![court gavel, black background](https://wimlaw.com/media/yootheme/cache/5d/tingey-injury-law-firm-nSpj-Z12lX0-unsplash-5df6ef01.jpg)

####  Prevent Court Cases & Avoid Class Actions – Pros & Cons of Arbitration Agreements in Company Policies

Available On-Demand

Presenter(s): James L. Hughes, James W. Wimberly, & Sarah M. Kessler

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1290:arbitration-agreements-company-policy&catid=221)

 [ ![2022 on paper on desk, indoors](https://wimlaw.com/media/yootheme/cache/a5/kelly-sikkema--64OzuZ8ThE-unsplash-a59813b9.jpg)

####  Reflections: 2022 in Review

Available On-Demand

Presenter(s): James W. Wimberly & J. Larry Stine

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1281:2022-legal-review&catid=221)

 [ ![office at night with lights on](https://wimlaw.com/media/yootheme/cache/5b/mitchell-luo-iwv55-_cbpU-unsplash-5be42e71.jpg)

####  Webinar: Employee Misclassification and Overtime Issues

Available On-Demand

Presenter(s): J. Larry Stine & Les A. Schneider

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1260:employee-misclassification-overtime&catid=221)

 [ ![hand up, stop](https://wimlaw.com/media/yootheme/cache/17/salman-hossain-saif-zPhc-E4qG9c-unsplash-17bd6254.jpg)

####  Webinar: Love is a Battlefield: The Intersection of Workplace Romance and Sexual Harassment

Available On-Demand

Presenter(s): Paul Oliver & Sheri Oluyemi

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1259:sexual-harassment&catid=221)

 [ ![cans of drinks in an assembly line](https://wimlaw.com/media/yootheme/cache/f1/drink-drippy-pNqyWZk2pOQ-unsplash-f1c997ee.jpg)

####  Webinar: What you Need to Know About Union Organizing

Available On-Demand

Presenter(s): James W. Wimberly, Jr. & Martin H. Steckel

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1258:union-organizing-advice&catid=221)

 [ ![women signing contracts](https://wimlaw.com/media/yootheme/cache/10/contract-romain-dancre-doplSDELX7E-unsplash-10b15858.jpg)

####  Webinar: Employee or Independent Contractor: It’s Not Just a Matter of Choice

Available On-Demand

Presenter(s): Elizabeth K. Dorminey & Thomas L. Walker

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1249:employee-contractor&catid=221)

 [ ![uncle sam pointing](https://wimlaw.com/media/yootheme/cache/de/uncle-same-library-of-congress-3ujfoSnBcI4-unsplash-de6181df.jpg)

####  Webinar: What to Do (And Not to Do) When A Government Inspector Shows Up At Your Establishment

Available On-Demand

Presenter(s): J. Larry Stine & Kathleen J. Jennings

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1247:how-respond-government-inspector&catid=221)

 [ ![yellow caution cleaning sign, indoors, on the floor](https://wimlaw.com/media/yootheme/cache/01/oliver-hale-oTvU7Zmteic-unsplash-0163512f.jpg)

####  Webinar: OSHA’s Heat Stress Rule

Available On-Demand

Presenter(s): Larry Stine & Sheri Oluyemi

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1230:osha-heat-stress-rule&catid=221)

 [ ![promo graphic, 10 Things That Might Make Your Company an Attractive Target to a Plaintiff’s Lawyer](https://wimlaw.com/media/yootheme/cache/36/ricardo-arce-cY_TCKr5bek-unsplash-36708c24.jpg)

####  Webinar: 10 Things That Might Make Your Company an Attractive Target to a Plaintiff’s Lawyer

Available On-Demand

Presenter(s): Paul Oliver, Jim Wimberly & Kathleen Jennings

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1212:attractive-target-plaintiff-lawyer&catid=221)

 [ ![promo graphic, masked character](https://wimlaw.com/media/yootheme/cache/59/howling-red-PgttD6kY79U-unsplash-590e814b.jpg)

####  Webinar: Urban Myths of the Fair Labor Standards Act – Wage Hour Law

Available On-Demand

Presenter(s): Larry Stine & Les Schneider

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1213:fair-labor-standards-wage-hour-law&catid=221)

 [ ![covid, sign, mask](https://wimlaw.com/media/yootheme/cache/f0/adam-niescioruk-Z9arfr0f248-unsplash-f06ac9e6.jpg)

####  Webinar: What Employers Should Know if COVID-19 is Really Here to Stay

Available On-Demand

Presenter(s): Larry Stine, James L. Hughes and James W. Wimberly, Jr.

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1203:employers-covid-19-permanence&catid=221)

 [ ![#metoo sign being held by a woman indoors](https://wimlaw.com/media/yootheme/cache/9a/mihai-surdu-DeI2BMIMDFA-unsplash-9a31c161.jpg)

####  Webinar: How Arbitration Restrictions Will Affect Employers

Past Webinar

Presenter(s): Kathleen Jennings, Paul Oliver, & Rhonda Klein

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=1197:harassment-victims-lawsuit-rights&catid=221)

 [ ![Webinar : Covid-19 What Employers Need to Know - April 1, 2020 2:00 pm](https://wimlaw.com/media/yootheme/cache/85/covid-19-webinar-85631d12.png)

####  Webinar: Covid-19 What Employers Need to Know

Available On-Demand

Presenter(s): J. Larry Stine

Register

 ](https://wimlaw.com/index.php?option=com_content&view=article&id=629:legal-webinar-covid-19-employers&catid=221)

## What is *'Hot Topics'*, the Wimberly Lawson Webinar Series?

The firm is hosting a series of webinars, conducted on the first Friday of every month, at noon EST. The webinars last 45 minutes, and consist of three portions:

1. **Topic of the Month:** A discussion of the announced topic;
2. **News of the Month:** A brief summary of any critical recent developments in the areas of labor or employment law; and
3. **Q&A:** Free question and answer session for those that are participating in the webinar (any subsequent services will be billed in the normal manner).

All of the speakers will be [attorneys from Wimberly & Lawson](https://wimlaw.com/attorneys) and will be selected based on their areas of expertise, their personal interest in the topic being presented and some might even be “volun-told” presenters.

To participate in this free webinar, including the Q&A session, you'll need to register in advance, as spaces may be limited. To register for an upcoming webinar, simply click the webinar you're interested in, above. Most webinars are made available on-demand within 30 days of the live broadcast date.

## Schema

```json
{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "What is the difference between disparate treatment and disparate impact under Title VII?", "acceptedAnswer": { "@type": "Answer", "text": "Disparate treatment refers to intentional discrimination where an employer treats a protected group less favorably. Disparate impact, or adverse impact, involves neutral employment practices that are not intentionally discriminatory but result in a significantly lower selection rate for protected groups. Both theories are recognized under Title VII of the Civil Rights Act." } }, { "@type": "Question", "name": "What was the significance of the Griggs v. Duke Power Supreme Court ruling?", "acceptedAnswer": { "@type": "Answer", "text": "Griggs v. Duke Power established that employment practices—like high school diploma requirements—are unlawful if they have a discriminatory effect on protected groups, regardless of intent. Unless an employer proves the criteria is a job-related business necessity, unintentional discrimination via neutral hiring requirements is prohibited under federal law." } }, { "@type": "Question", "name": "How is adverse impact calculated using the four-fifths rule?", "acceptedAnswer": { "@type": "Answer", "text": "The four-fifths rule is a simplified metric where adverse impact is identified if the selection rate for a protected group is less than 80% (four-fifths) of the rate for the highest-selected group. While standard deviation analysis provides more sophisticated statistical evidence, the four-fifths rule remains a common thumb-rule for employers." } }, { "@type": "Question", "name": "What qualifies as a "test" or selection criteria under federal employment law?", "acceptedAnswer": { "@type": "Answer", "text": "Under the law, a "test" encompasses any selection criteria used to make employment decisions, not just written exams. This includes educational requirements, prior experience levels, criminal record checks, and physical or electronic screening systems. Any of these criteria can be challenged if they produce a substantial adverse impact." } }, { "@type": "Question", "name": "How can an employer legally defend a hiring practice that has an adverse impact?", "acceptedAnswer": { "@type": "Answer", "text": "Employers must demonstrate that the criteria is a "job-related business necessity" through validity studies. This involves proving the test accurately predicts successful job performance using criterion-related, content, or construct validity. Common examples include showing that an experience requirement or a specific skill test directly measures essential work functions." } }, { "@type": "Question", "name": "Is the EEOC still enforcing adverse impact or disparate impact cases?", "acceptedAnswer": { "@type": "Answer", "text": "The EEOC and Department of Justice recently shifted enforcement priorities to focus on individual rights and intentional discrimination rather than statistical "numbers games." While the federal government may no longer investigate or sue based on adverse impact theories alone, private plaintiffs still aggressively pursue these cases in court." } }, { "@type": "Question", "name": "Should employers maintain applicant flow logs with race and sex data?", "acceptedAnswer": { "@type": "Answer", "text": "While the EEO-1 report requires data on current employees, there is no federal obligation to maintain racial or sexual identification logs for unsuccessful applicants. Not keeping this data makes it significantly more difficult for private plaintiffs to establish the statistical evidence required to bring an adverse impact lawsuit." } }, { "@type": "Question", "name": "What is AI brain fry and which professions are most affected by it?", "acceptedAnswer": { "@type": "Answer", "text": "AI brain fry describes the mental and physical overwhelm caused by the rapid implementation of complex artificial intelligence systems. According to the Harvard Business Review, human resources and marketing are the two professional fields most significantly impacted by this condition as they navigate integrating these tools into their daily workflows." } }, { "@type": "Question", "name": "How does the EEOC's Four-Fifths Rule apply to AI hiring tools?", "acceptedAnswer": { "@type": "Answer", "text": "The Four-Fifths Rule is a statistical benchmark used to determine if a neutral hiring criteria, including AI screening, has a discriminatory effect. If a protected group's selection rate is less than 80% of the majority group's rate, it creates a "discriminatory effect," shifting the legal burden to the employer to prove the tool is a job-related business necessity." } }, { "@type": "Question", "name": "Can an employer be held legally responsible for discriminatory AI provided by a vendor?", "acceptedAnswer": { "@type": "Answer", "text": "Yes, employers remain legally responsible for any discriminatory outcomes resulting from a vendor’s AI product. Utilizing a reputable third-party system is not a valid legal defense; both the vendor and the employer can be sued for adverse impacts. Organizations should review a vendor's validation studies and seek indemnity provisions in their service contracts." } }, { "@type": "Question", "name": "Is seeking legal advice from AI protected by attorney-client privilege?", "acceptedAnswer": { "@type": "Answer", "text": "No, communications with AI to seek legal advice or develop strategy are generally not protected by attorney-client privilege because the information is not being exchanged with a lawyer. A recent New York federal court ruling determined that such inquiries are discoverable and admissible as evidence in court, allowing plaintiffs to access an employer's specific AI prompts and advice." } }, { "@type": "Question", "name": "What are the risks of using open AI platforms like ChatGPT for company data?", "acceptedAnswer": { "@type": "Answer", "text": "Disclosing trade secrets, confidential company information, or sensitive legal questions to open AI platforms is legally comparable to publishing them in a newspaper. Such disclosures can lead to the loss of confidentiality and intellectual property rights. Furthermore, many AI vendors reserve the right to share stored data to respond to legal processes or improve their systems." } }, { "@type": "Question", "name": "What steps should employers take to audit AI systems for bias?", "acceptedAnswer": { "@type": "Answer", "text": "Employers should perform regular audits by reviewing data, such as rejected resumes, to identify trends where specific protected categories are being adversely impacted. If internal technical capacity is lacking, third-party vendors can be hired to conduct these bias audits. Constant human oversight is essential to catch inadvertent legal violations that precise AI monitoring might trigger." } }, { "@type": "Question", "name": "Are AI-driven productivity monitoring tools legal under the FLSA?", "acceptedAnswer": { "@type": "Answer", "text": "While monitoring is common, AI systems that track productivity down to the second can inadvertently violate the Fair Labor Standards Act (FLSA) by docking pay for compensable time, such as short bathroom breaks or coffee runs. Courts have allowed lawsuits to proceed against companies where AI-adjusted timekeeping records failed to pay employees for legally required compensable portions of the workday." } }, { "@type": "Question", "name": "What is meant by the "administrative state" or the "fourth branch" of government?", "acceptedAnswer": { "@type": "Answer", "text": "The administrative state refers to the collection of federal agencies, such as the Department of Labor and the National Labor Relations Board, that have grown over decades to exercise significant power alongside the traditional legislative, executive, and judicial branches. (Timestamp: 00:58)" } }, { "@type": "Question", "name": "What was the Chevron decision and why was it significant?", "acceptedAnswer": { "@type": "Answer", "text": "The 1984 Chevron decision established a rule of deference, which meant that when a statute had a "lacuna" or ambiguity, the judicial branch should defer to the administrative agency's interpretation of that law. This effectively put a "thumb on the scale" in favor of the agency during legal challenges.(Timestamp: 01:51)" } }, { "@type": "Question", "name": "How did the Supreme Court change the way labor law exemptions are read in Encino Motorcars?", "acceptedAnswer": { "@type": "Answer", "text": "In Encino Motorcars, the Court shifted away from the "remedial" approach of strictly and narrowly construing exemptions to favor employees. Instead, it ruled that exemptions are entitled to a "fair reading" just like any other statutory provision. (Timestamp: 07:32)" } }, { "@type": "Question", "name": "What is the Major Questions Doctrine?", "acceptedAnswer": { "@type": "Answer", "text": "The Major Questions Doctrine is a litmus test used by the Supreme Court to determine if an administrative agency has exceeded its authority. It holds that for issues of vast importance or "massive questions," an agency cannot rely on general statutory language; instead, Congress must clearly and specifically delegate that authority. (Timestamp: 12:35)" } }, { "@type": "Question", "name": "Did the Supreme Court allow OSHA to mandate COVID-19 vaccines for employees?", "acceptedAnswer": { "@type": "Answer", "text": "No; the Supreme Court found that OSHA exceeded its statutory authority. The court determined that compelling employees to take a vaccine was not within the scope of what the Occupational Safety and Health Act was designed to cover. (Timestamp: 14:25)" } }, { "@type": "Question", "name": "What did the Loper Bright decision do to Chevron deference?", "acceptedAnswer": { "@type": "Answer", "text": "The 2024 Loper Bright decision specifically overruled Chevron. The Court ruled that judges should no longer defer to an administrative agency's interpretation of the law, but must instead use their own judgment and interpretation principles. (Timestamp: 20:29)" } }, { "@type": "Question", "name": "How did the Corner Post case change the statute of limitations for challenging federal regulations?", "acceptedAnswer": { "@type": "Answer", "text": "The Court ruled that the window to challenge a regulation under the Administrative Procedure Act (APA) is a statute of limitations, not a statute of repose. This means a party can challenge a rule within five years of being "aggrieved" or injured by it, even if the rule was originally issued much earlier. (Timestamp: 24:33)" } }, { "@type": "Question", "name": "Does an employer have a right to a jury trial in cases involving administrative fines?", "acceptedAnswer": { "@type": "Answer", "text": "Yes; in the Jarkesy decision, the Court held that if an agency is seeking money damages or civil penalties, the Seventh Amendment provides a right to a jury trial. Such cases must be heard by an Article III judge rather than through a purely administrative proceeding. (Timestamp: 27:23)" } }, { "@type": "Question", "name": "Can the President fire members of independent agencies at will?", "acceptedAnswer": { "@type": "Answer", "text": "While the 1935 Humphrey’s Executor case allowed Congress to restrict the President's power to remove certain officials, recent legal challenges suggest the Court may be narrowing this rule. Current litigation involving agencies like the NLRB and the Consumer Protection Board explores whether these removal protections unconstitutionally interfere with the President's duty to faithfully execute the law.(Timestamp: 39:22)" } }, { "@type": "Question", "name": "What is the current legal standard for an employer to deny a religious accommodation?", "acceptedAnswer": { "@type": "Answer", "text": "The Supreme Court established in Groff v. DeJoy (2023) that an employer must show that a religious accommodation would cause an "undue hardship," which is now defined as "substantially increased costs" to the business. (06:03)" } }, { "@type": "Question", "name": "Does an employer have to violate a union contract to provide a religious accommodation?", "acceptedAnswer": { "@type": "Answer", "text": "No, the courts generally still recognize it as an undue hardship if an accommodation would require the breach of a seniority provision in a collective bargaining agreement. (07:01)" } }, { "@type": "Question", "name": "What did the Trump administration’s executive order on gender ideology change?", "acceptedAnswer": { "@type": "Answer", "text": "Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth," reversed previous policies that allowed individuals to self-identify on federal documents like passports. (08:26)" } }, { "@type": "Question", "name": "Are employers required to let employees use the bathroom of their choice based on gender identity?", "acceptedAnswer": { "@type": "Answer", "text": "Current guidance has moved away from requiring access based on gender identity toward biological sex; however, providing a private or neutral restroom remains a recommended solution to resolve objections from other employees. (24:36)" } }, { "@type": "Question", "name": "Can an employer stop an employee from wearing a t-shirt with a religious slogan?", "acceptedAnswer": { "@type": "Answer", "text": "Yes, provided the employer has a consistent "no slogans" policy that is applied neutrally to all clothing, such as sports team logos, and is not specific to religious messages. (30:53)" } }, { "@type": "Question", "name": "Is a beard or headscarf protected as a religious accommodation in the workplace?", "acceptedAnswer": { "@type": "Answer", "text": "Generally, yes. Courts typically allow these expressions of belief unless the employer can prove a specific safety reason, such as the risk of a headscarf getting caught in manufacturing machinery. (30:53)" } }, { "@type": "Question", "name": "How does a court determine if a religious belief is valid for an accommodation?", "acceptedAnswer": { "@type": "Answer", "text": "The court typically investigates whether the belief is part of a recognized religion and, crucially, whether the belief is "sincerely held" by the employee rather than a matter of personal convenience. (38:14, 39:53)" } }, { "@type": "Question", "name": "Does the law protect religious expression for all faiths or just Christians?", "acceptedAnswer": { "@type": "Answer", "text": "Title VII protects religious liberty for all recognized religions, including Christians, Muslims, and Jews, and the EEOC principles for protection are intended to be neutral. (35:52, 36:41)" } }, { "@type": "Question", "name": "How is the NLRB changing under the current administration?", "acceptedAnswer": { "@type": "Answer", "text": "The administration is shifting toward more employer-friendly policies, though changes are occurring slowly due to a previous lack of a quorum and appointed general counsel. The board is currently working through a backlog of approximately 700 cases. Time: 01:03" } }, { "@type": "Question", "name": "What are the benefits of participating in the Department of Labor's voluntary programs?", "acceptedAnswer": { "@type": "Answer", "text": "Employers who participate in these voluntary programs can "straighten up" their policies and reach mutual agreements that reduce potential fines and entirely eliminate liquidated damages in wage and hour matters. Time: 03:05" } }, { "@type": "Question", "name": "Will the Cemex ruling and "captive audience" meetings change?", "acceptedAnswer": { "@type": "Answer", "text": "It is anticipated that the Cemex case, which allows for union bargaining orders based on card checks, will be among the first rulings to be reversed. Additionally, the board is expected to quickly restore the legality of "captive audience" meetings, such as one-on-ones and small group sessions during organizing campaigns. Time: 05:06" } }, { "@type": "Question", "name": "What is the current status of the U.S. border and immigration enforcement? ", "acceptedAnswer": { "@type": "Answer", "text": "Illegal border crossings have reportedly dropped by 95% due to the deployment of several military divisions. While deportations continue, the current administration is also cutting back on legal immigration programs like TPS, parole, and DACA, as well as temporary guest worker entries. Time: 07:00" } }, { "@type": "Question", "name": "How should companies manage I-9 compliance and immigration audits? ", "acceptedAnswer": { "@type": "Answer", "text": "Companies should conduct regular internal audits of their I-9 forms because rules change frequently. It is recommended to have a formal immigration policy that instructs supervisors to report any knowledge of undocumented workers to upper management rather than acting on it themselves. Time: 08:56" } }, { "@type": "Question", "name": "Is DEI still legally required for employers? ", "acceptedAnswer": { "@type": "Answer", "text": "The legal landscape for Diversity, Equity, and Inclusion (DEI) has changed significantly; the EEOC now prioritizes rooting out "unlawful DEI-motivated race and sex discrimination". Employment decisions must now be based on individual merit and equal employment considerations for every single decision, rather than group representation. Time: 12:02" } }, { "@type": "Question", "name": "What is the "adverse impact" theory and is the government still enforcing it? ", "acceptedAnswer": { "@type": "Answer", "text": "Adverse impact occurs when a neutral policy (like a lifting requirement) disproportionately affects a protected group. The current administration has announced that the government will no longer prosecute cases based on this theory, though private individuals can still file lawsuits based on it. Time: 18:57" } }, { "@type": "Question", "name": "Should my company keep applicant flow logs? ", "acceptedAnswer": { "@type": "Answer", "text": "There is no longer a government requirement to keep applicant flow logs unless required by state law. Removing these logs may improve defense opportunities because they often provide the statistical data plaintiffs need to bring an adverse impact lawsuit. Time: 23:39" } }, { "@type": "Question", "name": "What is the current legal standard for religious accommodations at work? ", "acceptedAnswer": { "@type": "Answer", "text": "The Supreme Court has raised the bar for denying accommodations; employers must now prove that an accommodation causes "substantial harm to the business as a whole" rather than just a "de minimis" cost. Time: 28:53" } }, { "@type": "Question", "name": "What are the risks of using AI in hiring and performance reviews? ", "acceptedAnswer": { "@type": "Answer", "text": "AI tools can lead to legal issues if they result in disproportionate exclusions of protected groups, which may trigger private "adverse impact" lawsuits. Additionally, feeding company data into AI could result in the loss of trade secrets or attorney-client privilege. Time: 36:33" } }, { "@type": "Question", "name": "Can an employer fire someone for a social media post?", "acceptedAnswer": { "@type": "Answer", "text": "This is a complex area because many social media posts may be "legally protected speech" under the National Labor Relations Act. Employers should avoid "shooting from the hip" and instead use carefully drafted policies and specific protocols, such as taking screenshots of the post immediately. Time: 43:14" } }, { "@type": "Question", "name": "Can I pay an employee purely on commission?", "acceptedAnswer": { "@type": "Answer", "text": "Yes, but only if they qualify for specific exemptions, such as the "outside sales" exemption. Outside salespersons do not have a salary requirement and are exempt from minimum wage and overtime laws. However, most other employees must receive at least the minimum wage. (Reference: 01:25)" } }, { "@type": "Question", "name": "Does an inside salesperson qualify for the outside sales exemption? ", "acceptedAnswer": { "@type": "Answer", "text": "No. If a salesperson works primarily from an office using a telephone or computer, they do not qualify as an outside salesperson. This is true even if their job duties are otherwise identical to those of a field representative. (Reference: 02:42)" } }, { "@type": "Question", "name": "What are the requirements for the outside sales exemption? ", "acceptedAnswer": { "@type": "Answer", "text": "The employee's primary duty must be making sales away from the employer’s place of business. While there is no strict percentage test, they must regularly visit customers in person. Time spent in the office for follow-up work related to those outside visits generally counts toward the exemption. (Reference: 03:29)" } }, { "@type": "Question", "name": "Can inside sales employees be exempt under the administrative exemption?", "acceptedAnswer": { "@type": "Answer", "text": "Generally, no. Courts typically rule that sales work falls under "production" (producing the results of the business) rather than "administration" (running the business). Therefore, inside salespeople are usually entitled to overtime pay. (Reference: 06:24)" } }, { "@type": "Question", "name": "What is the Section 7(i) overtime exemption? ", "acceptedAnswer": { "@type": "Answer", "text": "This is a specific exemption for employees of retail or service establishments. To qualify, the employee’s regular rate of pay must exceed 1.5 times the minimum wage, and more than half of their total compensation must come from commissions. (Reference: 08:46)" } }, { "@type": "Question", "name": "What is the difference between a commission and a piece rate? ", "acceptedAnswer": { "@type": "Answer", "text": "A commission is usually a percentage of a sale's value or profit. A piece rate is a set payment for a unit of production, such as a flat fee per square foot of material installed. Unlike some commissioned roles, piece-rate workers are never exempt from overtime. (Reference: 12:10)" } }, { "@type": "Question", "name": "How do I calculate overtime for a commissioned employee? ", "acceptedAnswer": { "@type": "Answer", "text": "You must find the "regular rate" by dividing the total weekly commission by the total hours worked. You then owe the employee an additional half of that regular rate for every hour worked over 40. (Reference: 15:02)" } }, { "@type": "Question", "name": "Do stockbrokers and financial advisors get overtime? ", "acceptedAnswer": { "@type": "Answer", "text": "They can be entitled to overtime if they work primarily in an office and are not paid a guaranteed salary of at least $685 per week. High total earnings do not automatically make an employee exempt from overtime. (Reference: 18:56)" } }, { "@type": "Question", "name": "Can I deduct a loan repayment from an employee’s commission? ", "acceptedAnswer": { "@type": "Answer", "text": "Yes, provided there is a written, voluntary agreement. However, you must be careful not to deduct from the guaranteed salary portion of an exempt employee’s pay, as "busting" the salary can trigger a loss of the overtime exemption. (Reference: 33:10)" } }, { "@type": "Question", "name": "Can an employer change a commission plan retroactively? ", "acceptedAnswer": { "@type": "Answer", "text": "No. A commission plan is a contract. You can change the terms for future sales by providing written notice, but you cannot legally reduce the commission rate for sales that have already been completed. (Reference: 37:30)" } }, { "@type": "Question", "name": "Can I withhold commissions if an employee leaves the company?", "acceptedAnswer": { "@type": "Answer", "text": "In many states, earned commissions cannot be forfeited upon termination. However, you can define in your contract that a commission is not "earned" until the company actually receives payment from the customer. (Reference: 39:15)" } }, { "@type": "Question", "name": "Why are employers becoming more reluctant to take public political stands? ", "acceptedAnswer": { "@type": "Answer", "text": "Employers have become increasingly timid about advocating for political positions because modern public opinion is often split nearly 50/50. Taking a stand may appeal to one half of a workforce or consumer base while completely alienating the other half, potentially leading to massive losses in market value or dual boycotts from both sides of the political spectrum (02:38)." } }, { "@type": "Question", "name": "Can an employer have a dress code that bans political buttons or apparel? ", "acceptedAnswer": { "@type": "Answer", "text": "Yes, most current legal rulings suggest that an employer can implement a dress code that limits political paraphernalia in the workplace. This is often done to avoid the contention that arises when one group's insignia (such as Black Lives Matter) leads to demands for opposing insignia to be allowed as well (05:11)." } }, { "@type": "Question", "name": "Can I fire an employee for complaining about their supervisor on social media? ", "acceptedAnswer": { "@type": "Answer", "text": "There is no standard "yes" or "no" answer. If an employee's post is a "concerted complaint"—meaning it involves other employees and relates to working conditions—it may be protected under the National Labor Relations Act (NLRA). In such cases, the employer generally cannot discipline or terminate the employee for that speech (08:25)." } }, { "@type": "Question", "name": "What is "concerted activity" under the National Labor Relations Act?", "acceptedAnswer": { "@type": "Answer", "text": "Concerted activity refers to group actions or complaints by employees intended for "mutual aid or protection" regarding their working conditions. Section 7 of the NLRA protects these rights, meaning employers cannot punish employees for exercising this form of free speech, even if a union is not involved (09:39)." } }, { "@type": "Question", "name": "Can an employee be fired if their protest includes offensive or discriminatory language? ", "acceptedAnswer": { "@type": "Answer", "text": "Yes. While a protest about working conditions may be protected, that protection can be lost if the employee uses speech that is egregiously offensive or violates the company's equal opportunity principles. A well-documented termination must clarify that the discipline is specifically for the unprotected, offensive portion of the conduct (15:30)." } }, { "@type": "Question", "name": "Does the First Amendment protect free speech in a private workplace? ", "acceptedAnswer": { "@type": "Answer", "text": "No. The First Amendment limits the government's ability to restrict speech and provides special protections for public (government) employees. It does not apply to private employers, though other laws like the NLRA or state-specific statutes might offer different types of protection (20:00)." } }, { "@type": "Question", "name": "What is the best way to write a social media policy that is legally defensible? ", "acceptedAnswer": { "@type": "Answer", "text": "A social media policy should be narrowly tailored to reflect legitimate and substantial business interests. To avoid "chilling" protected speech, it is recommended to include a disclaimer next to sensitive rules stating that the policy will not be applied to prohibit activity protected by Section 7 of the NLRA (21:08)." } }, { "@type": "Question", "name": "Can I stop employees from posting flyers or messages around the office? ", "acceptedAnswer": { "@type": "Answer", "text": "Employers have the right to control postings on their facilities. It is legally safer to have a policy that prohibits all postings on company property or confines them to a single, designated bulletin board. Allowing unmonitored postings everywhere can make it difficult to legally restrict controversial or union-related materials later (25:48)." } }, { "@type": "Question", "name": "Am I required to take action if an employee posts something offensive off-duty? ", "acceptedAnswer": { "@type": "Answer", "text": "In some cases, yes. If an off-duty social media post is discriminatory or creates a hostile work environment that carries over into the workplace, the employer may have a legal obligation to intervene to prevent harassment or reputational damage (28:14)." } }, { "@type": "Question", "name": "What should I do first if I see a controversial post by an employee? ", "acceptedAnswer": { "@type": "Answer", "text": "First, verify the source of the complaint and obtain a permanent record, such as a screenshot, of the post itself, as online content can be easily deleted or edited. Before taking disciplinary action, consider if the issue can be resolved through counseling or "browbeating," which carries less legal risk than termination (34:40)." } }, { "@type": "Question", "name": "1. What is the new legal standard for denying a religious accommodation request?", "acceptedAnswer": { "@type": "Answer", "text": "The new standard, clarified by the Supreme Court in Groff v. DeJoy (2023), requires an employer to show that granting the accommodation would result in "substantial increased costs" in relation to the conduct of its particular business. This replaces the old "de minimis" (minimal cost) standard. (Time: 01:29, 02:05, 11:40)" } }, { "@type": "Question", "name": "2. Was the Supreme Court's decision in Groff v. DeJoy a close vote?", "acceptedAnswer": { "@type": "Answer", "text": "No. The decision was unanimous (nine-zero), which signals that the new standard is solid and not likely to change substantially. (Time: 02:05)" } }, { "@type": "Question", "name": "3. What is a "sincerely held belief," and why is it important?", "acceptedAnswer": { "@type": "Answer", "text": "A "sincerely held belief" is a conviction the employee must demonstrate they genuinely hold as part of their religion. The burden to prove this is on the employee, and a lack of sincerity can be grounds for denying a request. (Time: 02:59, 07:58)" } }, { "@type": "Question", "name": "4. What is the difference between a financial and an operational undue hardship?", "acceptedAnswer": { "@type": "Answer", "text": "Undue hardship is not limited to financial costs. An operational burden can include concrete evidence of significant disruption, such as a long religious garment posing a safety hazard by potentially getting entangled in machinery. (Time: 12:10, 13:08)" } }, { "@type": "Question", "name": "5. How should an employer handle an employee's request for religious accommodation?", "acceptedAnswer": { "@type": "Answer", "text": "Employers should engage in a robust interactive process (similar to the ADA process). This involves analyzing the request, determining the operational impact, and discussing proposed solutions with the employee. Documentation of this process is critical. (Time: 15:45, 16:41)" } }, { "@type": "Question", "name": "6. If an employee suggests an accommodation, does the employer have to accept it?", "acceptedAnswer": { "@type": "Answer", "text": "No. The employee does not get to decide which reasonable accommodation they like best. The employer gets to determine what the reasonable accommodation will be, provided it effectively accommodates the employee's sincerely held belief without causing undue hardship. (Time: 15:05, 15:45)" } }, { "@type": "Question", "name": "7. Can an employer deny a religious accommodation request if it involves working from home?", "acceptedAnswer": { "@type": "Answer", "text": "An employer cannot automatically deny remote work.8 While the employee may argue the company accommodated remote work during COVID-19, the employer must still perform an analysis to determine if working remotely is a reasonable accommodation for that specific job and if it can be done without undue hardship. (Time: 19:23, 22:22)" } }, { "@type": "Question", "name": "8. Can an employer tell an employee not to wear religious clothing if customers might object?", "acceptedAnswer": { "@type": "Answer", "text": "No. The fact that an employer or customers "will not like" an employee wearing religious garb (such as a full turban or head coverings) is not a sufficient reason to deny an accommodation or move the employee to a non-customer-facing role (segregation). (Time: 20:52, 21:30, 28:20)" } }, { "@type": "Question", "name": "9. What are common examples of reasonable religious accommodations?", "acceptedAnswer": { "@type": "Answer", "text": "Common accommodations include flexible scheduling (e.g., swapping days of worship), voluntary shift substitutions or swaps among employees, and job reassignments to a role that does not conflict with the religious practice. (Time: 31:31, 32:44, 35:45)" } }, { "@type": "Question", "name": "10. Can managers prohibit employees from discussing their religious beliefs at work?", "acceptedAnswer": { "@type": "Answer", "text": "No. An employer cannot have a blanket rule prohibiting all talk of religion. However, the employer must enforce a line between allowing discussion and preventing harassment. Conversations must be respectful, and employees must honor another person's request to stop the discussion. (Time: 42:30, 43:26)" } }, { "@type": "Question", "name": "What recent high-profile actions did ICE take regarding worksite enforcement?", "acceptedAnswer": { "@type": "Answer", "text": "In April, ICE issued a notice of intent to fine three Denver, Colorado businesses over $8 million following worksite audits. In June, ICE, Border Patrol, the Louisiana State Police, the ATF, and the FBI arrested 84 illegal aliens at the Delta Downs Racetrack in Louisiana. [00:37, 01:17]" } }, { "@type": "Question", "name": "How many workers has ICE detained so far this year through worksite enforcement?", "acceptedAnswer": { "@type": "Answer", "text": "So far this year, ICE has detained more than 1,000 workers through worksite enforcement actions. [02:00]" } }, { "@type": "Question", "name": "What law made it illegal to knowingly hire or retain unauthorized workers and required the Form I-9 process?", "acceptedAnswer": { "@type": "Answer", "text": "The Immigration Reform and Control Act of 1986. [02:26, 02:35]" } }, { "@type": "Question", "name": "How did enforcement intensity change during the Trump administration?", "acceptedAnswer": { "@type": "Answer", "text": "There were increased worksite raids and arrests with a sevenfold increase in ICE arrests at worksites in 2018. [02:59]" } }, { "@type": "Question", "name": "Which industries are worksite raids tending to focus on?", "acceptedAnswer": { "@type": "Answer", "text": "They are focusing on employee staffing agencies, restaurants, manufacturing, grocery stores, meat processing, and probably a few other industries. [04:19]" } }, { "@type": "Question", "name": "What are ICE and Homeland Security now serving to employers to request documents?", "acceptedAnswer": { "@type": "Answer", "text": "They are serving thousands of Notices of Inspection, which are requests for documents like I-9s and payroll records. [05:27]" } }, { "@type": "Question", "name": "How quickly must an employer present records after receiving a Notice of Inspection?", "acceptedAnswer": { "@type": "Answer", "text": "You have to be ready to present those records within three business days of the demand. [05:54]" } }, { "@type": "Question", "name": "What is a Notice of Suspect Documents?", "acceptedAnswer": { "@type": "Answer", "text": "It is a notice issued after review of records that identifies employees who do not appear to have proper work authorization. [06:14]" } }, { "@type": "Question", "name": "What is the typical fine for I-9 paperwork violations?", "acceptedAnswer": { "@type": "Answer", "text": "The fine is usually over $2,800 per I-9. [07:08]" } }, { "@type": "Question", "name": "How do ICE 287(g) agreements relate to local police?", "acceptedAnswer": { "@type": "Answer", "text": "The 287(g) agreements allow local police to help enforce immigration laws, with over 579 such agreements nationwide. [07:44, 08:00]" } }, { "@type": "Question", "name": "How can employers prepare for an ICE audit of their records?", "acceptedAnswer": { "@type": "Answer", "text": "Employers should ensure they have a properly completed Form I-9 for each employee, that the hire date on the I-9 matches payroll and E-Verify records, and that documents recorded on the I-9 match documents submitted to E-Verify. [09:47, 10:11]" } }, { "@type": "Question", "name": "What are Status Change Reports in the E-Verify system?", "acceptedAnswer": { "@type": "Answer", "text": "These reports notify employers of people who have lost employment authorization, for example, due to termination of parole status or TPS status. [11:51]" } }, { "@type": "Question", "name": "What is required for law enforcement to enter non-public areas of a workplace during a raid?", "acceptedAnswer": { "@type": "Answer", "text": "They must have a valid search warrant or the employer's consent. [13:00]" } }, { "@type": "Question", "name": "What must a judicial search warrant include?", "acceptedAnswer": { "@type": "Answer", "text": "It must be signed and dated by a judge, include a timeframe for the search, a description of the premises, and a list of items to be searched for. [13:21]" } }, { "@type": "Question", "name": "What does it mean for a company to accept the warrant but not consent to the search?", "acceptedAnswer": { "@type": "Answer", "text": "You do not have a choice when they enter with a judicial warrant, but you can state that you do not consent to the search, which allows you to later challenge the search if there are grounds to do so. [14:02]" } }, { "@type": "Question", "name": "Can law enforcement use an administrative subpoena to enter private areas of a business without permission?", "acceptedAnswer": { "@type": "Answer", "text": "No, an administrative warrant or subpoena does not allow agents to enter private areas without your permission. [15:52]" } }, { "@type": "Question", "name": "What should an employer look for to confirm a document is a judicial warrant?", "acceptedAnswer": { "@type": "Answer", "text": "A judicial warrant must be signed by a judge and say "US District court" or have a state court identification at the top. [18:22]" } }, { "@type": "Question", "name": "Should company representatives give statements to federal agents?", "acceptedAnswer": { "@type": "Answer", "text": "Company representatives should not give any statements to federal agents or allow themselves to be interrogated before consulting with an attorney. [22:48]" } }, { "@type": "Question", "name": "Can an employer direct employees to refuse to speak to federal agents?", "acceptedAnswer": { "@type": "Answer", "text": "No, you may inform employees that they may choose whether or not to talk with federal agents, but do not direct them to refuse to speak to agents. [23:13]" } }, { "@type": "Question", "name": "Should an employer hide employees or assist them in leaving the premises during a raid?", "acceptedAnswer": { "@type": "Answer", "text": "No, you should not hide employees or assist them in leaving the premises without permission to do so, as it could result in an obstruction of justice charge. [24:30]" } }, { "@type": "Question", "name": "Is the EEOC still active under the current administration?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. The EEOC is very much alive, and charges are being filed. The agency has shown an increase in aggressive investigations and recently registered its largest public settlement in almost 20 years. (04:41)" } }, { "@type": "Question", "name": "Do my company's anti-discrimination policies need to be updated?", "acceptedAnswer": { "@type": "Answer", "text": " Yes. Policies and employee handbooks should be treated as living documents and audited annually to ensure compliance with recent legal changes. (02:45)" } }, { "@type": "Question", "name": "Can we choose a job candidate based on their qualifications without risking a discrimination lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. You can and should choose the most qualified candidate. The key is to base your decision on objective, job-related criteria like experience, skills, and work history. The law is violated when a company uses these criteria as a pretext for a decision actually based on a protected characteristic like age, race, or gender. For example, it's legal to choose a candidate with more experience. It's illegal to reject a candidate with more experience because you assume they're "too old" for the team. (10:42)" } }, { "@type": "Question", "name": "What is the Pregnant Workers Fairness Act (PWFA), and how does it affect our company handbook?", "acceptedAnswer": { "@type": "Answer", "text": "The PWFA requires employers to provide reasonable accommodations for pregnant employees. It's critical to update your handbook to reflect that in some cases, you cannot deny an accommodation for an obvious pregnancy even without a doctor's note. The standard for accommodation has been lowered. (16:09)" } }, { "@type": "Question", "name": "Can we fire an employee who is out on workers' compensation?", "acceptedAnswer": { "@type": "Answer", "text": "Terminating an employee on workers' compensation is legally risky. It is generally more prudent to wait until they return or have reached maximum medical improvement, unless you can prove the position would have been eliminated regardless of their injury. (42:14)" } }, { "@type": "Question", "name": "Is it okay to put a lactation space in a bathroom?", "acceptedAnswer": { "@type": "Answer", "text": "No. Under the Pump Act, the lactation space must be a private area that is not a bathroom. (18:44)" } }, { "@type": "Question", "name": "Does our company need to put up labor law posters?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Employers should ensure they have up-to-date and legally required posters from various agencies (e.g., EEOC, FLSA, NLRB) displayed in a conspicuous place. (40:24)" } }, { "@type": "Question", "name": "Should a manager make a complaint for an employee who is being harassed if the employee is not willing to?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Recent EEOC guidance suggests that an individual aware of a colleague in the same protected class being harassed may have standing to bring their own harassment claim, even if they were not the direct target. Employers should take all reports of harassment seriously. (21:58)" } }, { "@type": "Question", "name": "What is the best way to handle an employee complaint?", "acceptedAnswer": { "@type": "Answer", "text": "It is important to have clear, well-documented, and consistently followed procedures for all complaints. Training for managers and an "open door" policy help ensure employees feel heard and that their complaints are taken seriously. (24:06)" } }, { "@type": "Question", "name": "What is a "panel of physicians" in workers' compensation?", "acceptedAnswer": { "@type": "Answer", "text": "A panel of physicians is a list of doctors, selected by the employer, from which an injured employee can choose to receive medical treatment. In Georgia, an employee can select one doctor from this list and is allowed to make one change to another doctor on the same panel. This system gives both the employer and the employee a say in the medical care provided." } }, { "@type": "Question", "name": "What are the requirements for a valid panel of physicians in Georgia?", "acceptedAnswer": { "@type": "Answer", "text": "To be considered valid, a panel of physicians in Georgia must meet several specific requirements: It must list at least six physicians or professional associations that are reasonably accessible to employees. At least one physician must be an orthopedic surgeon. It cannot include more than two industrial clinics. The panel should include at least one minority physician. It must be posted in a prominent and conspicuous place on the employer's premises. The employer must take reasonable measures to ensure employees understand how the panel works and their right to select a doctor from it." } }, { "@type": "Question", "name": "What happens if an employer's panel of physicians is invalid?", "acceptedAnswer": { "@type": "Answer", "text": "If the panel is invalid, the employer loses control over the employee's medical care. This is a very significant consequence, as it means the injured employee can go to any doctor they want for treatment. This can lead to higher medical costs, longer recovery periods, and a general loss of control over the direction and cost of the claim." } }, { "@type": "Question", "name": "Why is it a mistake to fire an employee immediately after they file a workers' compensation claim?", "acceptedAnswer": { "@type": "Answer", "text": "Firing an injured employee right away is a costly mistake for several reasons: Loss of Light-Duty Offer: It eliminates your ability to offer a light-duty job to the employee, which is a primary tool for suspending weekly disability benefit payments. A job offer made to a terminated employee is unlikely to be considered a good-faith offer by the State Board. Increased Legal Risk: It can expose the company to lawsuits under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Weakened Negotiating Position: It removes a major bargaining chip in settlement negotiations. The ability to bring an employee back to work can significantly lower the settlement value of a case; without it, you will likely pay more." } }, { "@type": "Question", "name": "How can an employer protect itself from liability when hiring subcontractors?", "acceptedAnswer": { "@type": "Answer", "text": "A company can be held liable as a "statutory employer" for injuries to a subcontractor's employee if that subcontractor doesn't have workers' compensation insurance. To protect yourself, you should always require any subcontractor or independent contractor you hire to provide a certificate of workers' compensation insurance. You should also verify that their coverage remains active for the entire time they are working for you." } }, { "@type": "Question", "name": "What are the consequences of not carrying required workers' compensation insurance?", "acceptedAnswer": { "@type": "Answer", "text": "Failing to have legally required workers' compensation coverage is a serious and costly mistake. The penalties include: A 10% increase in income benefits owed to the injured worker. An additional 15% penalty for any late payment of benefits. The requirement to pay the employee's attorney's fees. It is a misdemeanor offense. Most importantly, the person at the company responsible for obtaining insurance can be held personally liable for paying the benefits if the business cannot." } }, { "@type": "Question", "name": "How can an employer misclassify an employee as an independent contractor?", "acceptedAnswer": { "@type": "Answer", "text": "In Georgia, a worker is considered an employee unless they meet three specific criteria to qualify as an independent contractor: There is a contract that intends to create an independent contractor relationship. The worker has the right to control the time, manner, and method of the work. The worker is paid a set price per job or per unit, not hourly or by salary. If you pay someone hourly or dictate their work schedule and methods, they will be considered an employee for workers' compensation purposes, regardless of what their contract says." } }, { "@type": "Question", "name": "What should an employer do as soon as an employee reports an injury?", "acceptedAnswer": { "@type": "Answer", "text": "You should conduct a thorough investigation immediately. Ask the employee for the specific date, time, and location of the injury. Ask how it happened and if there were any witnesses. If an employee simply calls in to report they are "hurt," always ask if the injury is work-related. Secure and save all evidence, especially any relevant security camera footage. Do not erase video footage, even if it appears to show nothing, as destroying potential evidence can lead to legal sanctions against you." } }, { "@type": "Question", "name": "How are immigration policy changes affecting the labor market?", "acceptedAnswer": { "@type": "Answer", "text": "The new administration's increased enforcement of existing immigration laws has led to a significant drop in the number of illegal crossings, effectively "sealing the border," and reducing the pool of available workers, both legal and illegal. This is creating labor shortages for many employers, particularly those in food processing and manufacturing. (04:34)" } }, { "@type": "Question", "name": "What is the difference between an asylee and an asylum applicant, and how does that affect an employer?", "acceptedAnswer": { "@type": "Answer", "text": "An asylee is someone who has been granted asylum status and has indefinite work authorization. An asylum applicant is someone who has applied for asylum but has not yet been granted it; their work authorization is temporary and must be renewed. An employer can identify the difference by looking at the category code on the worker's EAD (Employment Authorization Document): C8 for an applicant and A5 for a granted asylee. (42:37)" } }, { "@type": "Question", "name": "How can an employer keep track of their employees' work authorization expiration dates?", "acceptedAnswer": { "@type": "Answer", "text": "It is recommended that employers use a "tickler system" to keep track of work authorization expiration dates. This system can alert the employer 90, 60, and 30 days before an employee's work authorization expires, allowing the employer to notify the employee and encourage them to apply for an extension. (45:21)" } }, { "@type": "Question", "name": "What are the pros and cons of an employer getting involved in an employee's immigration process?", "acceptedAnswer": { "@type": "Answer", "text": "An employer can, and often should, notify employees of their pending work authorization expiration dates and provide them with resources to find a lawyer. However, if an employer becomes too involved, they may gain "firsthand knowledge" that a worker is unauthorized, which would make the employer liable for immigration violations. (38:02)" } }, { "@type": "Question", "name": "What are some lawful immigration programs employers can use to find workers?", "acceptedAnswer": { "@type": "Answer", "text": "Employers can look to various programs for workers, including: H-1B: for professional-level workers with college degrees. (25:52) H-2A and H-2B: for seasonal agricultural and non-agricultural workers, respectively. (11:02) L-1A and L-1B: for transferring managers/executives or employees with specialized knowledge from international operations. (26:27) TN Visa (under USMCA): for professional-level workers who are citizens of Canada or Mexico. (28:00)" } }, { "@type": "Question", "name": "Can an employer hire refugees and asylees?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Refugees and asylees can be a good source of labor, and there are non-profit organizations that can help connect employers with these workers. (39:34)" } } ] }
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