ABA Labor and Employment Law Podcast

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ABA Labor & Employment Law Podcast is a thoughtful, balanced discussion with guests from two sides of a labor-related issue in the news. The podcast connects members with inclusive discussion across the negotiating table so listeners can explore newer concepts and balance their knowledge of the topic.

Episodes

  1. May 19

    Remote or In Office? Changing How We Communicate and Resolve Differences.

    What are irreconcilable workplace differences, and are they on the rise? Trickier issues are coming up these days and are challenging the status quo. As how and where we work changes, when do misunderstandings become a disruption, and what do we do next?  Fact is, the workplace is a social situation as much as a labor issue, and learning how we interact with each other is more important than ever. Friendships, relationships, cliques, supervisory roles, and generational gaps factor into the workplace environment. And then there’s the law. It’s a lot to digest. Working from home, a return to work in the office, and an increasing understanding of mental health and workplace balance are all creating frictions and new challenges. Remote work since the pandemic has only complicated issues. Communication is more important than ever. And it’s not easy.  Workplaces are made of humans. And we’re all human. When all you have is a hammer, all problems look like a nail. When we’re litigators, maybe litigation looks like the solution. But sometimes, understanding the bigger picture and the humanity, and addressing issues before they become lawsuits, come into play. This discussion may change the way you think.   REFERENCES MENTIONED: Title VII of the Civil Rights Act of 1964 National Employment Lawyers Association The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section

    39 min

  2. Feb 17

    Religious Employers and Employment Law: Whose Rights?

    Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers.  Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws. A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter. This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon?  Mentioned in This Episode: Title VII of the Civil Rights Act of 1964, EEOC “Ninth Circuit Rules in Favor of Employers in Two Recent Religious Discrimination Cases,” New York University School of Law “LeBoon v. Lancaster Jewish Community Center Association,” U.S. Third Circuit Court “McMahon v. World Vision,” Ninth Circuit Court “Union Gospel Mission of Yakima Washington v. Brown,” U.S. Ninth Circuit Court “Conway v. Mercy Hospital St. Louis,” Justia.com The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  ABA Labor and Employment Law Section

    42 min

  3. Jan 20

    Where Immigration and Employment Laws Collide, A Global Perspective

    Coming to us from the November ABA Labor and Employment Section’s annual conference, we bring together two employment law experts with unique perspectives on the nexus of immigration and employment law. Representing workers, guest Monica Guizar works with the Service Employees International Union, while Marcia Longdon of the firm Kingsley Napley brings an employer – as well as an international – perspective.  Dramatic policy shifts crafted by the Trump Administration’s immigration policies are shaking up both immigration and employment law. Recently, Guizar says, we’ve seen immigration raids at workplaces, along with mass deportations. In some cases, the U.S. government has even removed legal status from workers who previously had permission to work. Even workers on skilled labor visas are impacted.  Based in the United Kingdom, Longdon sees some similarities in policy shifts both there and in the U.S. as politics plays a role in immigration and labor issues. She explains international guidelines for hiring workers across borders to fill specific needs.  One thing is clear, workers, employers, and employment lawyers are left to untangle swirling regulations and enforcement policies. Now throw in individual state laws and union representation issues. It’s a new world.  Mentioned in This Episode: U.S. Department of Labor, Project Firewall The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  ABA Labor and Employment Law Section

    49 min

  4. 12/16/2025

    Former EEOC Chair Charlotte Burrows on the State of Workplace Protections

    Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission).  Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law.  When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity.  Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing.  Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others. Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission).  Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law.  When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity.  Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing.  Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others. Mentioned in This Episode: Equal Employment Opportunity Commission Meritor Savings Bank v. Vinson, Wikipedia EEOLeaders.org  EEOC Title VII The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  ABA Labor and Employment Law Section

    37 min

  5. 10/21/2025

    Get the Scoop! The ABA LEL Section Annual Conference, Nov. 12-15

    The 2025 ABA Labor and Employment Section annual conference is scheduled for Nov. 12-15 in Denver. In this episode, get a preview of the conference from planning committee co-chair Jeremy Glenn, host committee co-chair Anne Shaver, and Section chair Jason Marsili.  This is the 19th annual signature conference for the Section. It’s a great chance for members to earn a year’s worth of CLE credit at one location and a great place to network (plus, Denver is a fantastic city).  Brush up and hear the latest developments in your own niche area of specialization or get a feel for areas where you might not regularly work. There’s been a seismic shift in federal employment oversight this year making it an interesting time to work in labor and employment law.  Plus, hear how artificial intelligence, AI, is working its way through the legal community. Where does it make your life easier, and where does it create ethical issues?  Resources: ABA Labor and Employment Law Section Annual Conference Nov. 12-15 ABA Labor and Employment Law Section History Colorado Center History Colorado Sand Creek Massacre History Colorado “The 90s: Last Decade Before the Future” Denver Art Museum Meow Wolf Casa Bonita (you really do need a reservation)

    22 min

  6. 09/09/2025

    Is DEI D-E-A-D? How Workplace Diversity Initiatives Are Being Reshaped

    Diversity, equity, and inclusivity initiatives, DEI, have been under scrutiny in the past year. Is DEI “dead” or simply “evolving under pressure?” Guests Stephanie Jones and Joan Willaims – with decades of scholarship and experience in the field of inclusive, fair labor, and employment issues – dig into recent shifts in the landscape.  Executive orders, political agendas, and public opinion have challenged advances made under DEI initiatives. These efforts to maintain fairness and build diversity face being dismantled faster than they can be instituted in some cases.  In this episode, we’ll explore the future of DEI, including the program “buzzwords” that often attract negative attention, as well as the most effective DEI programs that focus on data, evidence, consistency, and fairness. Hear how DEI programs can be reshaped, implemented, and sustained in a shifting cultural, legal, and political environment.  Mentioned in This Episode: ABA Leadership Development Program “I’m Just a Bill,” Schoolhouse Rock “Target was one of the most outspoken supporters of DEI. It’s changed its tune,” CNN Business W.K. Kellogg Foundation “The New Class Bubble Quiz”   ABA Labor and Employment Law Section

    44 min

  7. 08/05/2025

    National Labor Relations Law Facing New Court Challenges

    The National Labor Relations Act recently turned 90 years old, but there appear to be a series of new “what’s old is new again” challenges to the constitutionality of National Labor Relations Board’s powers, a replay of arguments harking back to the New Deal.  Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president’s power over the board.  The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades.  But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president’s power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again.  Mentioned in This Episode: “Relitigating the New Deal: The Stakes of Current Constitutional Challenges to the NLRB” by Diana Reddy, Duke University, Labor National Labor Relations Act “Is the NLRB Unconstitutional? The Courts May Finally Decide, by Alexander T. MacDonald, Federalist Society “National Labor Relations Board v. Jones & Laughlin Steel Corporation,” Oyez “Space Exploration Technologies Corp. v. National Labor Relations Board,” Justia “Donald J. Trump, President Of The United States, Et Al. V. Gwynne A. Wilcox, Et Al. On Application For Stay,” U.S. Supreme Court National Labor Relations Board  Equal Employment Opportunity Commission ABA Labor and Employment Law Section ABA Labor and Employment Law events

    49 min

  8. 07/22/2025

    Immigration and Employment Law, Today’s Tangled Web

    When it comes to foreign workers inside the United States today, the world of immigration law has seemingly been upended. It can be hard to keep up with rapidly evolving events and rulings, but with clients and employers at risk, professionals who represent them can’t afford to fall behind. When do employers check work authorization, and how often can they? What do employers need to be looking for? And what industries are most affected?  While the Trump v. Casa case may not have brought the clarity many in labor and employment law sought, it was simply a procedural move that limits jurisdiction, it’s not the final word. This gets confusing in a hurry as the labor and employment professionals grapple with protective status, refugees, temporary status, and workforce eligibility issues. Hear insights from accomplished guests Jonathan Grode and Ingrid Nava into where shifting immigration policies may affect labor and employment law and what some of these decisions mean across the country and across labor sectors. In today’s uncertain times, it’s important to understand the limits of what employers can do, even when they are trying to do the right thing, as well as the rights of employees. Confused? You’re not alone. Mentioned in This Episode: Trump v. Casa, U.S. Supreme Court “Trump v. CASA and the future of the universal injunction,” SCOTUSblog explainer ABA Labor and Employment Law Section ABA Labor and Employment Law events

    42 min

  9. 12/17/2024

    How the Supreme Court Redefined Workplace Discrimination in Muldrow v. St. Louis

    Today we’re taking a closer look at a pivotal Supreme Court case that redefined workplace discrimination standards with distinguished attorneys Toni Jackson and Carolyn Wheeler. Together, they’re breaking down the impact of Muldrow v. City of St. Louis, a recent ruling that sets a new precedent in Title VII employment discrimination law, clarifying what level of harm an employee must demonstrate to challenge a transfer. Toni and Carolyn, representing employer and employee perspectives respectively, offer nuanced insights into how this decision impacts employers, managers, and employees alike. They discuss what the "some harm" standard means in practice, the effect on performance management and employee transfers, and why this ruling could open doors for new types of workplace discrimination claims. From shifts in workplace dynamics to the potential impact on DEI initiatives, this episode explores what business leaders, HR professionals, and employees need to know to navigate these new legal waters.

    43 min

  10. 11/12/2024

    The Future of Drafting and Defending Non-Competes for American Workers and Workplaces

    From the FTC’s recent attempts to implement a nationwide ban on non-competes to the nuances of state-specific laws in California, Texas, and beyond, there are essential developments that every employment lawyer should know. That’s why Matt Greer is welcoming seasoned attorneys Eric Tate and Joe Ahmad to explore the evolving landscape of non-compete agreements and restrictive covenants. Eric and Joe share insights on the enforceability of non-competes, what constitutes a “protectable interest,” and how courts are viewing confidentiality agreements as potential de facto non-competes. They also discuss the practical implications for lawyers advising clients in today’s hybrid work environment, where remote work and state law differences create unique challenges. Whether you’re representing employers or employees, this episode provides crucial strategies and legal insights to help you navigate restrictive covenants effectively. Eric Akira Tate is co-chair of the Global Employment and Labor Group, representing companies in trade secrets cases, internal investigations, employment litigation, and advising on compliance and employment aspects of mergers and acquisitions globally. Joseph Y. Ahmad is a founding partner of Houston law firm AZA and a nationally recognized lawyer for executives, representing them in breach of contract, trade secrets, non-compete, fiduciary duty, and other matters.

    48 min

  11. 11/12/2024

    Recent Legal Developments in Pay Equity and Transparency

    Unpack the complexities of pay equity and transparency with esteemed attorneys Erin M. Connell, representing employers, and Anne B. Shaver, representing employees. Throughout the episode, we’ll explore the legal nuances of fair pay practices, explain the difference between “pay equity” and the “pay gap,” and examine how new pay transparency laws are transforming workplaces across the U.S. and beyond. Erin and Anne also discuss recent trends, including why leveling the job before hiring is crucial, the impact of salary disclosure laws in states like Colorado and California, and how companies are adapting to increased pressure for fairness from both employees and shareholders. Together, they provide practical insights for navigating these changes, whether you’re an employer or employee. Plus, they touch on the growing influence of AI in hiring and compensation decisions and highlight what’s on the horizon for labor and employment law. Erin M. Connell is Co-chair of Orrick's EEO & OFCCP Compliance Group, representing employers in high-stakes employment litigation and leading in equal employment law, pay equity, and compliance. Anne B. Shaver, a partner specializing in employment and antitrust class actions, represents certified classes of female employees in equal pay and gender discrimination cases against Google and Goldman Sachs, and workers impacted by no-poach agreements in fintech and franchise industries.

    40 min

  12. Trailer

    The Official Trailer for ABA Labor and Employment Law Podcast

    Explore pressing issues like pay transparency, gig worker rights, non-compete clauses, and the impact of emerging AI tools on employment with host Matt Greer on ABA Labor and Employment Law Podcast. With insights from top attorneys on all sides of the issues, this show digs into the debates that define our working lives—around unionization, ethical hiring, and much more. Rethink what you know about labor law and workplace fairness as you learn about new policies and groundbreaking case studies. Whether you’re an employer, an employee, or simply curious about the future of work, subscribe now and get ready to navigate the ever-evolving world of employment law with us.

    2 min

Trailer

Ratings & Reviews

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ABA Labor & Employment Law Podcast is a thoughtful, balanced discussion with guests from two sides of a labor-related issue in the news. The podcast connects members with inclusive discussion across the negotiating table so listeners can explore newer concepts and balance their knowledge of the topic.

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