43 episodes

A podcast covering all aspects of labor and employment law in the United States. Attorney Mark Chumley provides practical insights into the challenges facing businesses today.

The Practical Employment Law Podcast Mark Chumley

    • Business
    • 5.0 • 7 Ratings

A podcast covering all aspects of labor and employment law in the United States. Attorney Mark Chumley provides practical insights into the challenges facing businesses today.

    Labor & Employment Law Update - Week of 1/23/23

    Labor & Employment Law Update - Week of 1/23/23

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

    FMLA Retaliation: - What constitutes “protected activity” under the FMLA?

    Perkins v. City of New York – In this failure to accommodate case, the Court concluded that an ineffective accommodation does not satisfy the requirements of the law.

    Davis v. City of Montevallo – Your employee handbook has a solid at-will disclaimer so you can’t get in trouble for a termination – right?

    Pregnancy Discrimination – The Pregnant Workers Fairness Act goes into effect on June 27, 2023 – are you ready?

    Kinzer v. Whole Foods, Inc. – Is it possible for employers to enforce dress code policies?

    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

    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

    • 11 min
    The Obligatory New Year's Episode

    The Obligatory New Year's Episode

    The New Year is here and this episode will consider some trends from 2022 and what to expect in 2023 and beyond.  Issues covered include:

    1.  The COVID Gift Keeps Giving;
    2.  Work From Home/Hybrid Work Arrangements;
    3.  Arbitration Continues to Lose Ground;
    4.  The Gig Economy Under Attack;
    5.  Non-Compete Agreements Under Attack;
    6.  State Laws Gone Crazy;
    7.  More Reductions in Force Coming.

    Listen in to find out how your business may be impacted by these issues in 2023.
    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

    • 11 min
    The Obligatory Holiday Party Episode

    The Obligatory Holiday Party Episode

    It’s the holidays and employment lawyers everywhere issue their annual advice about holiday parties.  Here are 9 thoughts for employers considering a holiday party for their employees:  
     1.  Alcohol is a consistent source of problems at holiday parties.  Employers should consider foregoing alcohol or taking steps to control consumption. 
    2.  Transportation home for employees is something employers who decide to serve alcohol must consider.
    3.  Communication prior to the party is a good idea – let everyone know that the rules and policies apply at the party. 
    4.  Managers are on duty at the party – just because it is a party, managers cannot ignore their responsibilities, particularly if they see something inappropriate happening.
    5.  Wage and hour issues – if non-exempt employees are required to attend the party, they must be paid.
    6.  The plus one – if employees are allowed to bring a guest, the approach needs to be uniform and avoid possible claims of discrimination.
    7.  Religion – in general, keep it secular.
    8.  Secret Santa – a literal minefield.
    9.  Skip it – it is the “bah humbug” approach but from an employment law standpoint, it has a lot to recommend it.
     Listen in to find out how your business can avoid problems with holiday parties.
    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

    • 8 min
    Thanksgiving For Plaintiffs' Attorneys

    Thanksgiving For Plaintiffs' Attorneys

    In honor of Thanksgiving last week, today’s episode will focus on eight things employers do or don’t do that give plaintiffs’ attorneys (attorneys who represent employees against employers) reasons to be thankful.  
     Number 1:        Having no documentation;
    Number 2:        Having inconsistent documentation;
    Number 3:        Not giving a reason for termination;
    Number 4:        Giving a false reason for termination;
    Number 5:        Inconsistent application of the rules;
    Number 6:        Management disagreement;
    Number 7:        Not getting the employee’s side of the story;
    Number 8:        Bad optics.
     Listen in to find out how your business can avoid these problems.
     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

    • 11 min
    Interview with Author and Lawyer Steven Mitchell Sack

    Interview with Author and Lawyer Steven Mitchell Sack

    A new feature of The Practical Employment Law Podcast will be interviews of guests with insights into employment law, including attorneys, business owners and managers and  just about anyone with something interesting to say.   

    In today's episode, I interview author and plaintiffs' attorney Steven Mitchell Sack about his new book: FIRED! Protect Your Rights & FIGHT BACK If You're Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit

    Steve has a lot of experience and great insights into the world of labor and employment law.  

    Steve's contact information is available on his website:  www.theemployeeslawyer.com

    You can buy a copy of his book here: legalstratpub.com or on Amazon at: 
     https://www.amazon.com/FIRED-Protect-Terminated-Downsized-Restructured/dp/B09Y5FKBBB/ref=sr_1_1?crid=2BHQ9R60ER4EF&keywords=steven+mitchell+sack&qid=1666897332&sprefix=Steven+Sac%2Caps%2C1095&sr=8-1

    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

    • 25 min
    Are You Caught In A TRAP?

    Are You Caught In A TRAP?

    Training repayment agreement provisions (TRAPs) are a hot topic lately.  These agreements, which may be stand alone or included in a broader employment agreement,  require employees who have completed an employer provided training program to reimburse the employer for some or all of the cost of the training if they leave within a certain timeframe.  The agreements are unpopular with employees and have become somewhat controversial but courts have often enforced them against departing employees.  Are they right for your business - here are a few considerations before you set a TRAP: 

    1.  Does your business have a need for TRAPs?

    2.  Beware of unintended consequences such as difficulty recruiting and retaining employees;

    3.  You will probably have to go to court to enforce a TRAP and you may be counter sued;

    4.  Make sure the TRAP reflects reality;

    5.  Get professional help with TRAPs.
     
    Listen in to find out  how your business can avoid problems with TRAPs.

    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

    • 8 min

Customer Reviews

5.0 out of 5
7 Ratings

7 Ratings

AugustEndeavors ,

Solid Advice From a Great Trial Lawyer

This a solid law podcast, not just for employers and HR professionals, but for other employment lawyers. Chumley is basically sharing his vast real world experience in employment litigation in short 15-min segments. It is definitely worth your time and attention.

CincyMarlette ,

Clear, concise and timely

Nicely done, informative with actionable items. I need to update my COVID plan.

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