The Practical Employment Law Podcast Mark Chumley

Terminating an employee is often a long process involving warnings and documentation of performance issues.  However, there are several scenarios that may call for immediate termination of employment.  Employers often view these scenarios as safe from an employment law perspective but there can be hidden risks.  In this episode, seven scenarios that often lead to immediate termination will be considered, including:


Workplace Violence or Threats of Violence;Unprofessional or Inappropriate Conduct;Employee Theft;At-Fault Accidents;Harassment or Discrimination;Sleeping on the Job;Drug or Alcohol Use.
Listen in and find out how your business can avoid problems with immediate termination scenarios.

Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

Intro Music by ComaStudio via Pixabay
Outro Music by Vivaleum via Pixabay

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

 The Pregnant Workers Fairness Act – A Texas court has enjoined enforcement of the PWFA against the state of Texas.  What does this mean for employers?

 COVID-19 Vaccine Cases – Two recent cases - Gibbons v. Disney and Kennedy v. PEI-Genesis - consider former employees' claims against their employers arising from vaccine mandates and employer policies relating to COVID-19.
 Cole v. 3 Circle Church – Can an employee who complained via  anonymous letters support a claim for retaliation?


Listen in to find out what happened with these issues and how your business can avoid problems.

Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

Intro Music by ComaStudio via Pixabay
Outro Music by Vivaleum via Pixabay

Many employees today use a phone in connection with their work.  Some employers provide employees with phones and others allow or require their employees to use a personal phone.  In either case, employee phone use creates a host of potential issues for employers.  In this episode, 5 issues related to employee phone use will be considered.
 Issue 1: Safety; Issue 2: Trade Secrets; Issue 3: Evidence Preservation;  Issue 4: Wage and Hour Issues;  Issue 5: Employee Privacy. Listen in and find out how your business can avoid problems with employee phone use.
Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

Intro Music by ComaStudio via Pixabay
Outro Music by Vivaleum via Pixabay

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:


 SpaceX v. NLRB – The NLRB issued a complaint against SpaceX and in response, SpaceX filed its own lawsuit claiming that the entire structure of the NLRB is unconstitutional. This could get interesting.


 Johnson v. Federal Information Systems, Inc. – In this case, an employee was discharged after making a complaint of discrimination, which sounds like a classic retaliation claim except for one key fact.


 Ledesma v. Orland Park Wedding Center, Inc. – What should you do if an employee discloses mental health conditions and asks for a leave of absence?


 Galette v. Avenue 365 Lending Services LLC – Can an employee make an accommodation request that alters their job duties?


 DOL Issues Industry Specific PUMP Act Guidance– Earlier this month, the DOL issued industry-specific guidance for compliance with the PUMP Act.  The recent guidance covers the restaurant and retail industries.  Prior guidance was issued for the agricultural industry and guidance for the transportation and education industries is pending.  


 You can find the DOL guidance here.


 Listen in to find out what happened with these issues and how your business can avoid problems.


 Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com


Intro Music by ComaStudio via Pixabay
Outro Music by Vivaleum via Pixabay

It is a new year and there is a lot going on in the world of employment law.  This episode will cover seven (7) issues to keep an eye on in 2024, including:
The Future of Federal Agencies;Non-Compete Agreements;The Joint Employer Rule;The Future of the Tip Credit;The DEI Backlash;Challenges to the Gig Economy;Artificial Intelligence.Listen in and find out what to watch for in the employment law world in 2024.

Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

Music : Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

In this holiday episode, we take a look back at the biggest employment law issues covered on the podcast in the past year and consider whether employers have been naughty or nice.  Issues include:


The NLRB's ruling on confidentiality and non-disparagement clauses in severance agreements;Non-compete agreements;The PWFA and PUMP Act;Pay Transparency Laws;Artificial Intelligence; and Legalized Marijuana.Listen in and find out whether your business has been [employment law] naughty or nice.

Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

Music :
Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber