The Labor & Employment Podcast

In this ongoing, in-depth conversation, Lee Jacobs and Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements—once again emphasizing customizing to the organization’s specific needs. They also discuss contracts and agreements, hospitality tips and tip pooling, uniform acknowledgments, direct deposit, cashless bans, the New York City commuter benefits form, training and certificates, and notices and posters. If you’re following along, stay tuned for future episodes on topics like offboarding and the right time and way to conduct workplace investigations.

In this in-depth conversation, Lee Jacobs and Rosemary Enright get into “the minutia,” covering the importance of using the correct forms and documents during the employee onboarding process. They emphasize the potential legal consequences of not providing the wage acknowledgement form, among other forms, and the importance of ensuring compliance with relevant laws and regulations.

Lee Jacobs and Rosemary Enright discuss updates for 2024 for employee handbooks, covering topics that include policy changes around sexual harassment, paid family leave, lactation accommodation, marijuana testing, electronic monitoring, and height and weight discrimination. They also touch on artificial intelligence in hiring decisions. Lee and Rosemary emphasize the importance of updating employee handbooks to ensure compliance with New York State and New York City laws as well as of providing employee training and resources to promote a safe and inclusive work environment.

In the first of a two-part conversation, Lee Jacobs and Rosemary Enright cover the basics of employee handbooks, emphasizing the importance of customizing your organization’s handbook rather than relying on a generic one. They touch on the need to update handbooks annually, and they highlight key policies that should be included in handbooks, like those involving employment at will, drug and alcohol-free workplaces, and EEOC statements. Additionally, Lee and Rosemary discuss the importance of disability policies and the inclusion of required forms and acknowledgments. Be sure to tune in to Part 2, when Rosemary and Lee will address updates for 2024.

Welcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live’s new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important changes related to minimum wage in New York State, covering minimum wage increases, overtime eligibility, exemptions, and penalties for noncompliance. They also touch on the Wage Theft Prevention Act and the importance of providing accurate wage statements. Stay tuned for a new episode soon that will dig into employee handbooks.

In episode 66 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a solo overview titled “Breaking Down the New PWFA Regulations,” regarding the Pregnant Workers Fairness Act. Ari notes that the PWFA requires employers to provide accommodations to workers’ “known limitations related to pregnancy, childbirth, or related medical conditions absent undue hardship.” The new regs extend those accommodations to applicants as well, specifying that it’s the worker or applicant’s responsibility to communicate any limitations. The new regulations include examples of “related medical conditions,” which are helpful to understand what employers must consider. Listen in for more.

In episode 65 of Barclay Damon Live: Labor & Employment Podcast, “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State’s Wage Theft Protection Act. It’s a big deal! Lee alerts all employers, especially those in the hospitality industry, to comply with the act from the start. If not, there could be serious fines and penalties. “Hard stop,” as Lee says. Listen in now for more.

In episode 64 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Lee Jacobs back for an informative discussion about the intricacies of New York’s Hospitality Wage Order, which governs the state’s restaurant and hotel industries. Lee describes what some of the pitfalls are for employers—even those with the best intentions—when it comes to wages, pay frequency, accurate paperwork and accounting, what constitutes overtime, and more. Listen in now, and tune in next time for a deeper dive into New York State’s Wage Theft Protection Act.

In episode 63 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon New York City–based partner Lee Jacobs. Lee and Ari point out that New York City rules tend to be more employee friendly than rules in many other areas, and currently some of the most stringently watched areas of potential discrimination involve height and weight, caregiving, employment status, and victims of sexual violence, domestic violence, and stalking. They’re hot buttons for employers. The best way to avoid problems? Don’t let them start in the first place. Listen for more, and then watch for a new episode where Lee and Ari discuss hospitality-industry issues.

In episode 62 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, for “Immigration Alert! USCIS Publishes Revised I-9 Form.” Jennifer lets viewers and listeners know that the Department of Homeland Security US Citizenship and Immigration Services has announced changes to the I-9 form, which, as most employers know, is used to verify employment eligibility. The changes generally make things easier, offering shorter instructions, a better organized form, and options for virtual document verification to streamline and modernize the process. However, there are some things to watch out for, such as deadlines and training for the new form. Listen in for more information

In a groundbreaking crossover episode of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Kevin Szczepanski, the host of Barclay Damon Live: Cyber Sip™, to discuss “Cybersecurity Basics for Employers.” Kevin, who is also co-chair of the firm’s Data Security & Technology Practice Area, gives an overview of this crucial topic, including covering employee training to help thwart phishing attempts. Kevin also shares his top three related policies to have in place, which involve information security, access control, and incident response. He also touches on expanding laws and regulations, insurance coverage, and a lot more, so listen in.

Welcome to Barclay Damon Live: Labor & Employment Podcast, “Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2.” In this continuing conversation, Barclay Damon partner Scott Rogoff joins host Ari Kwiatkowski to talk about what employers need to know considering the myriad types of employee leaves available. Ari and Scott also use a recent scenario they experienced to explore the Americans With Disabilities Act, or ADA, including who qualifies, what constitutes “reasonable accommodations,” and how the process works. Listen in for more.

Join host Ari Kwiatkowski for the latest episode of Barclay Damon Live: Labor & Employment Podcast. In this episode, Ari welcomes back her colleague Scott Rogoff to parse the statutes, laws, regulations, and issues involved with employee leave. As we all know, life happens—and it happens to employees, who then often need to take time off from work. Regardless of when the employee notifies their employer that they will be out, it’s important for the employer to know what type of leave should be used and when to apply it. This can be challenging. Dive in with Ari and Scott as they begin to untangle FMLA, concurrent leaves, the New York State and federal laws, worker’s comp, and more. And join them for the next episode, when they will turn their focus to ADA and related leave types.

Here’s a quick installment of Barclay Damon Live: Labor & Employment Podcast, “Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy.” In episode 58, host Ari Kwiatkowski runs down changes to the new policy, which has been conveniently posted on the state’s website, ny.gov. Finalized in April 2023, adopting the model policy is not required, but, says Ari, since it’s so easily available (and thorough), why not use it? A few key differences in the new policy are its suggestions of bystander intervention, and, considering new remote and hybrid work situations, broadening the locations and times when harassment can occur. Listen in for more important info. 

In episode 57 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her Barclay Damon colleague Art Marrapese to discuss medical plan coverage during a leave of absence from work. Tune in to hear a breakdown of the types of leaves employees can take under federal and state laws like the Family Medical Leave Act and the New York Paid Family Leave, where ERISA comes in, and some of the circumstances around protected and non-protected leaves, especially around health coverage issues. Art and Ari emphasize that employers can stay ahead of the game by having their plan documents and summary plan descriptions well organized so that employees know their rights. They also dig into COBRA rules and more, so listen in.

In episode 56 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski talks with Peter Rahbar of the Rahbar Group. He’s an attorney with broad experience in workplace issues, which he brings to the conversation. Starting off with a definition of the phenomenon, Peter asserts that it’s not new, though the phrase “quiet quitting” may be. Essentially, it refers to employees doing the bare minimum to get by in their jobs—without actually quitting. To combat it, he suggests clients (and listeners) communicate early and often to avoid many circumstances that can lead to quiet quitting. Listen in for more on this timely topic.

In episode 55 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes workforce wellness and cultural alignment expert John Robertson to discuss resolving intergenerational conflicts in the workplace. In a bit of a departure from Ari’s usual legal focus, she and John explore workplace relations, discussing some common situations that arise and offering practical, actionable information for listeners. John’s background combines an earlier religious vocation with a psychology degree; his experience brought him to crisis intervention, counseling, and conflict resolution. Ari and John talk about the melding of (and differences between) generations and cultures in today’s workplace. Let’s dig in.

In episode 54 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives an update on changes to both federal and New York State law in “New Laws Pump Up Protection for Nursing Employees.” The federal PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act will go into effect in April and expand accommodations and protections for employees who need to express breast milk when they return from any maternity-related leave. Ari digs in so employers and employees will know what to expect. You can also find more info on the Department of Labor website; updated guidelines are forthcoming. Ari then covers recent changes to New York State law that also expand protections in this area. Listen in for details.

It’s episode 53 of Barclay Damon Live: Labor & Employment Podcast, hosted by Ari Kwiatkowski. Listeners will get the early scoop on what is known so far about this new federal antidiscrimination law that provides guidelines for employers and information for employees. Hear Ari speak about how the Pregnant Workers Fairness Act (PWFA) fits in with, and differs from, other federal antidiscrimination statutes, like the Americans With Disabilities Act and Title VII. Basically, it requires covered employers to provide reasonable accommodations to pregnant workers due to pregnancy, childbirth, and related medical conditions. The law, enforced by the EEOC, will be in effect around mid-June of this year, so listen to get some early examples of how the PWFA may affect your business or workplace.

It’s episode 52 of Barclay Damon Live: Labor & Employment Podcast.This week, host Ari Kwiatkowski welcomes back her colleague Rosemary Enright, partner and Labor & Employment Practice Group leader. In their fast-moving conversation, Ari and Rosemary share an overview of potential updates to employee handbooks as well as updates to the law and related issues. Two main two developments employers may want to note are 1) a minor change to the New York Paid Family Leave and 2) expansion of the lactation accommodations that employers are required to provide for nursing parents.Listen in too for tidbits about pandemic-related topics like the continued need for COVID-19 vaccination leave, the HERO Act, work-from-home policies, and more.

In episode 51 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski and her guest, repeat visitor Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, discuss the process of chasing the elusive H-1B visa. It’s almost time for employers who want to apply for the coveted visa on behalf of a foreign national candidate, whether already in their employ or someone they’re considering. But during what the pros call “H-1B Cap Season,” and considering the random process, will they be successful? Listen in for a rundown of the numbers, including fees and estimates of how many apply versus how many actually get a visa. And be sure to tune in next episode for Ari’s annual dive into employee handbooks.

It’s host Ari Kwiatkowski’s 50th episode of Barclay Damon Live: Labor & Employment Podcast! To commemorate the occasion, Ari highlights five of the most listened-to episodes from the past, reprising the important content and updates she and her guests have conveyed. Guests we hear from again include Maureen Kielt from the Buffalo Local Office of the EEOC and Barclay Damon partners Rosemary Enright, Randy Oppenheimer, and Scott Rogoff. Listen in, then stay tuned for more great information coming throughout 2023, including on updating employee handbooks, unionization issues, and other hot-button topics. Thanks from Ari and the team for joining us for the first 50!

In episode 49 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her Barclay Damon colleague Carolyn Marcotte Crowley for part 2 of their discussion on the Massachusetts Commission Against Discrimination (MCAD), beginning with the investigation of claims filed with MCAD. The MCAD investigator reviews submissions, requests additional information if needed, and conducts interviews, among other tactics, to determine if the treatment alleged by the complainant may constitute unlawful discrimination. An investigative conference is also usually held with the parties. Listen in for more, including the differences between the MCAD and the New York State Division of Human Rights.

Welcome back to the Barclay Damon Live: Labor & Employment Podcast. In host Ari Kwiatkowski’s first episode of 2023, she welcomes Barclay Damon colleague Carolyn Marcotte Crowley to discuss the process of investigating and prosecuting claims of discrimination in Massachusetts. “Dealing With MA Commission Against Discrimination Claims, Part 1” covers the differences in this process between New York, Connecticut, and Massachusetts; there are important variations, including the length of time an employer has to respond, so listen in for this and other vital takeaways. And tune in next time for the second part of this topic with Carolyn. Let’s dig in!

A quick solo session from Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski, episode 47 introduces listeners to the “New US DOL Independent Contractor Rule: How to Classify Personnel.” With gratitude for her first year of creating this podcast, Ari introduces the topic, her last for 2022. Mentioning some background and shifts between the rule from the Trump to Biden administrations, Ari notes this development is important for both employers and employees in terms of salary, tax issues, minimum wage, exemptions, and overtime eligibility. Listen in to learn how to determine if someone is an employee or an independent contractor, and be sure to come back next year for more on all things labor and employment.

In episode 46, host Ari Kwiatkowski is back to continue the conversation with her New Haven-based colleague Dan Elliott. In this second installment about the Connecticut Commission on Human Rights and Opportunities (CHRO), Ari and Dan pick up where they left off in the last episode, going through the stages of a complaint filed with the CHRO. From mandatory mediation to an optional early legal intervention to the fact-finding conference, listeners will hear some of the differences between Connecticut and New York law for this process and what employers can expect. Ari and Dan wrap up with an important reminder: only attorneys admitted to practice in Connecticut can represent an employer in these matters. Tune in to hear more.

Episode 45 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski switching gears—and states—to talk with her Barclay Damon colleague Dan Elliott about the Connecticut Commission on Human Rights and Opportunities (CHRO). The conversation launches with a description of the CHRO, a state agency that is statutorily empowered to monitor, investigate, and enforce human rights and antidiscrimination laws. Like in New York and other states, an employee can file a complaint with the agency. From there, the process is similar, though there are a few notable differences. Listen in to this brief episode to hear Dan lay out the timeline and more. And be sure to tune in for the next episode for more information.

“Have a plan, and stick to it” is one of the most important things an employer or business can do when litigating a discrimination lawsuit according to Barclay Damon partner Michael Murphy, this week’s guest on Barclay Damon Live: Labor & Employment Podcast. Michael joins host Ari Kwiatkowski in episode 44, part two of their ongoing conversation, “Best Practices for Handling Discrimination Lawsuits in State Court.” Picking up where they left off in the last episode, Ari and Mike define and discuss the discovery process. They touch on expert witnesses, juries, and what realistic timelines are throughout the entire process. Listen in for more of their best practices.

In episode 43 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon colleague Michael Murphy for part one of a discussion on handling discrimination lawsuits in state court. As Ari says, Michael’s decades of experience make him “the perfect guest” to give listeners a rundown on practice in state court. Following up on recent conversations with Division of Human Rights and EEOC staff as well as colleague Randy Oppenheimer, who spoke about cases in federal court, Ari and Mike start out with the difference between state and federal court and why, in a discrimination suit, an employer might find themselves in court versus at the division. Listen in for more details.

In episode 42 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a quick solo segment called “Update on ‘Can I Ask That: New York Wage Transparency Laws.’” While the episode strays from earlier episodes addressing what employers can and can’t ask during job interviews or in applications or include in job postings, this topic is related since recently enacted laws require employers in New York City to post a salary range for existing or new open positions. Noting that other cities have enacted or are considering such laws and a statewide version may be coming soon, Ari says it’s important to understand the reason behind the push for these laws and discusses how to comply. Let’s dig in!

As Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski likes to say, “Let’s dig in!” In episode 41, the third and final part of  her conversation with Catherine Ostrowski Martin, an attorney with the division, she and Catherine talk about what complainants and employers can expect in the last phase of the process, which is the public hearing. Public, you say? That’s right, anyone who wants to can attend, though in Zoom-times, you need to request the link. If the initial settlement conference hasn’t produced a solution, says Catherine, it’s a months-long process of answering the complaint, having the preliminary conference set, and then having the hearing. Finally, there’s the commissioner’s recommended order, which can include actions and damages. Listen in for more details.

It’s episode 40 of Barclay Damon Live: Labor & Employment Podcast. In this segment, host Ari Kwiatkowski welcomes back Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights. They continue to discuss what employers need to know about the division’s settlement conferences and probable cause hearings, touching on what happens after the settlement conference. (That’s a settlement agreement, which usually comes with a monetary component and can also include other stipulations, like training or job reinstatement.) They also cover privacy, confidentiality, and what the best attitude is for employer respondents to take. Listen in for more valuable information, and stay tuned for the third segment of their conversation in the next episode.

It’s episode 39 of Barclay Damon Live: Labor & Employment Podcast. This week, host Ari Kwiatkowski welcomes Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights, to delve into what employers need to know about the division’s settlement conferences and probable cause hearings. Following up on Ari’s last two episodes, which were also about the division, she and Catherine bring listeners a general overview of what happens if the division issues a probable cause determination as well as the logistics and the process for the prehearing settlement conference. Be sure to listen in to episode 40, when Ari and Catherine continue their conversation, turning to topics that include: what comes next?

In the second part of her conversation with Debbie Kent, regional director of the New York State Division of Human Rights’ Buffalo Office, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski kicks off the episode by asking what happens after a complaint’s been filed with the division. Then Ari and Debbie discuss the investigation process and possible outcomes. A great reminder from Debbie: the division is a neutral body. And while it’s likely that no one enjoys the process, it’s all about making sure human rights laws are followed. Listen in for more on how the division works, and tune in next week for additional insights.

In episode 37, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski welcomes Debbie Kent, regional director of the New York State Division of Human Rights’ Buffalo Office. In the first part of the episode, Ari and Debbie share preliminary information about what the division and its mission are, what it does, and how it’s organized. They then turn to how a discrimination complaint is filed and whether every complaint that’s filed is covered, and if it’s covered, what happens? They explain more about the process, including when a case may go to the EEOC instead of the Division of Human Rights. Listen and be sure to tune in for an even deeper dive with Debbie in the next episode.

In part two of “Best Practices for Defending Discrimination Lawsuits in Federal Court,” Ari Kwiatkowski welcomes back her Barclay Damon colleague Randy Oppenheimer to continue their discussion about the process involved in a federal court lawsuit brought against an employer. They talked about an early potential step, a settlement conference, in episode 35. If that step wasn’t conclusive or on the table, it’s off to discovery, says Randy, and this strategic period can have a big effect on the case. Listen in as they go through other possible steps, including a motion to dismiss, mediation process, and summary judgment motion. Having the right lawyer is key, and Randy talks about what to look for. Then tune in for Ari’s next episode, when Debbie Kent, New York State Division of Human Rights regional director, answers questions about the division.

Host Ari Kwiatkowski is back for the season two debut of the Barclay Damon Live Labor & Employment Podcast. Joining her to continue the conversation is Barclay Damon partner Randy Oppenheimer. They begin their discussion, “Best Practices for Defending Discrimination Lawsuits in Federal Court,” with an overview of how the court system is structured, and the different types of judges there are. They then turn to first steps when an employer or business receives notification that they are being sued. Like in many situations, their advice is first, take a deep breath; then call counsel and your insurance agent. The steps that follow involve making sure evidence is preserved, and, along with your counsel, looking at the factors and potential strategies that go into your response. Listen in to learn more.

In the last episode of the season, Ari Kwiatkowski, host of Barclay Damon Live: Labor & Employment Podcast,brings listeners an update on the US Equal Employment Opportunity Commission’s recently revised guidance on COVID-19 testing in the workplace, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” As the virus continues to mutate, infect, and sicken people, how can employers determine if and when it’s permissible to test employees at work? Does workplace testing qualify as a medical examination under the Americans With Disabilities Act? Listen to hear all about these questions and more. Also, Ari and crew will be taking a break for the rest of the summer, so tune back in after Labor Day for Season 2 of the Labor & Employment Podcast.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Welcome to the final installment of host Ari Kwiatkowski’s conversation with Maureen Kielt, the director of the Buffalo Local Office of the EEOC. In this episode of the Barclay Damon Live Labor & Employment Podcast, “All Your EEOC Questions Answered, Part 3,” Ari and Maureen move discuss the possible outcomes when an employer is subject to an EEOC investigation. Elements that they discuss include the findings of the investigation—either “no probable cause,” case closed, or “cause,” in which case the investigator and agency say that there's probably been a violation of the law. Depending on the findings, the agency then issues a letter of determination (if the finding is “cause”) or a “right to sue” notice (“no cause”). Listen in for the rest of the process, including negotiating conciliation to both address the claimant’s complaint and work to ensure the problem doesn’t reoccur.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Ari is again joined by Maureen Kielt, director of the EEOC’s Buffalo Local Office,to continue their conversation from last week’s episode, “All Your EEOC Questions Answered.” In part two, Ari and Maureen dig into what an EEOC investigation entails, who conducts it, and what is asked of the respondents (employers) when an employee files a claim against them. As Maureen mentioned in Episode 31, mediation is generally the first course of action that the EEOC will take; when mediation is not successful or appropriate, investigation is the next move. Even though the Buffalo Local Office is short-staffed, they make every effort to thoroughly investigate all charges, using tactics like fact-finding conferences, on-site visits, requests for information, and requests for position statements from the respondents. Listen in for more details, and tune in next week for part three of their conversation.

Disclaimer: 

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, host Ari Kwiatkowski delves into answering questions about the US Equal Opportunity Commission (EEOC) with guest Maureen Kielt, director of the EEOC’s Buffalo Local Office. Over the course of the next few episodes, Ari and Maureen—a former business owner herself—will talk about everything EEOC, from making a claim to whether (and how) they investigate and the options for settling claims via mediation along the way. This first episode on the topic covers the basics: sharing what laws and acts the EEOC (a federal agency) enforces, how the EEOC decides which complaints to investigate, and how the EEOC works with the New York State Division of Human Rights. Listen in for more details.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Episode 30 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming first-time guest Holly Nowak, founder and president of HMN Resources, to talk about a quandary facing businesses and employers: how to best bring employees back to the office as COVID-19 remains an ongoing issue. Some forms of remote work are here to stay, and employers have to take a look at those policies as well, Ari and Holly agree. Listen in to “Is Your RTO Policy a Go?” for more.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Host Ari Kwiatkowski is back with episode 29 of Barclay Damon Live: Labor & Employment Podcast. She and Barclay Damon colleague Rob Thorpe discuss ADA accessibility for your website. Turning to the Americans With Disabilities Act, Ari and Rob dig into its Title III section, which governs “public accommodations,” the accommodations a business or employer must make for its visitors, customers, and employees. In addition to considering things like wheelchair ramps and handicapped parking, should you consider whether your website or mobile app is accessible to all? The 32-year-old ADA has been variously interpreted. Recent guidance from the Department of Justice says websites and mobile apps do fall under the category of public accommodations, though courts are conflicted. Listen in for more.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

For episode 28, the third part of Barclay Damon Live: Labor & Employment Podcast’s focus on immigration, guest host Rosemary Enright is again joined by her colleague Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. They first discuss the definition of “foreign national,” basically a non-US citizen born outside the United States. Then following up on their previous discussion, Rosanna describes what might happen to foreign nationals in various scenarios, for example for someone with a student visa from another country who seeks to get hired and needs sponsorship. In their brief yet informative conversation, Rosanna touches on other topics of interest to both employers and employees.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

With regular host Ari Kwiatkowski still on her Italian honeymoon, Rosemary Enright returns to guest host episode 27 of Barclay Damon Live: Labor & Employment Podcast. It’s a follow up to an earlier conversation, helping listeners understand what is allowable in job postings, applications, and interviews, this time through an immigration lens. Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, joins Rosemary. “First things first,” says Jennifer. “An employer cannot state in a job post that US citizenship is required for employment.” To avoid claims of discrimination or even the appearance of discrimination, employers are advised to have processes and procedures in place and to treat applicants the same in regard to citizenship. Listen in for more information, including about the important I-9 form.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Rosemary Enright, a frequent guest on Barclay Damon Live: Labor & Employment Podcast, steps in to guest host while regular host Ari Kwiatkowski enjoys her pandemic-delayed honeymoon. Join Rosemary as she welcomes back colleague Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. This episode is all about employer sponsorship and what to do when an employer wants to hire a foreign national. Whether the potential employee is in Canada, China, or anywhere in between, there are many options—and plenty of rules and regulations too. Hear Rosanna break down the process, starting with visa classifications and the numerous categories under which a non-US citizen can be hired as an employee.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

In episode 25 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. In the first in a series of episodes about the intersection of immigration law and labor and employment law, they discuss border-crossing best practices, referring in particular to the Canada-US border. Rosanna, a former border inspector with 25 years of experience in the field of immigration law, describes current conditions at the Canada-US border, including vaccination requirements and required documentation. Rosanna’s best advice: “Be prepared.” Listen in for more tips.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

Episode 24 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming back colleague Ben Wilkinson for their final talk on Department of Labor audits. Ben and Ari say conducting a multi-pronged self-audit of your business’s wage and hour practices can be key. They offer insight into 1) ensuring your employee classifications are correct; listen in for the fine points. Another area where businesses can strengthen their potential defense if (or when) they are audited by either the New York State or the US DOL is to 2) maintain accurate records and 3) hold on to them for the appropriate length of time. For the rest of their safeguarding tips, listen in to this quick bonus episode.

Disclaimer:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.