Category Archives: Business

Cross-Border Catch-Up: A Practical Guide to Hiring Across European Borders



In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York/Boston) explore the legal and practical considerations for employers hiring cross-border commuters—workers who live in one EU country while working in another. Goli and Kate break down key issues, including applicable employment laws, equal treatment requirements, payroll rules, tax implications under bilateral agreements, and common challenges around social security and benefits portability.


Labor Law Solutions, The Podcast: A New NLRB Board Takes Shape



In this inaugural episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville) and Tom Stanek (Phoenix), who co-chair the firm’s Traditional Labor Relations Practice Group sit down with co-chair and former NLRB member Brian Hayes (Washington) to discuss recent developments in labor law. The speakers discuss the new NLRB board members and general counsel, recent decisions and related rulemaking petitions, joint-employer standards, and constitutional challenges to the NLRA’s removal restrictions. Whether you’re navigating union organizing campaigns, unfair labor practice charges, or staying ahead of shifting NLRB precedent, this podcast offers practical guidance for management-side labor professionals.


Cross-Border Catch-Up: Mutual Separation Agreements Across Multinational Jurisdictions



In this episode of our Cross-Border Catch-Up podcast series, Kristyn Lambert (New Orleans) and Samantha Duncan (Washington) explore how multinational employers can effectively use mutual separation agreements (MSAs) to navigate employment terminations in jurisdictions that do not recognize at-will employment. The speakers cover a four-step framework for evaluating whether an MSA is appropriate, including assessing local termination laws, understanding enforceability requirements, and tailoring negotiation strategies to regional norms. The speakers also discuss practical examples from jurisdictions such as China, Korea, Taiwan, and Finland to illustrate how local customs and legal standards shape both the structure and pricing of these agreements.


What Moving Marijuana to Schedule III Means for Your Workplace



In this podcast, Tae Phillips (Birmingham) sits down with Jennifer Pacicco (Philadelphia), Andrew Halverson (Lafayette/New Orleans), and Dennis Gardner (Houston) to examine President Trump’s December 2025 executive order directing the potential rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. The speakers cover what this change would—and would not—mean for employers, explaining that while state-specific marijuana legalization laws and employment protections would remain unchanged, DOT-regulated employers may see shifts in testing protocols and compliance requirements if rescheduling occurs. The speakers also address the current regulatory landscape, including the DOT’s absolute prohibition on marijuana use for safety-sensitive employees and the uncertainties surrounding how federal agencies might adapt their rules in response to rescheduling.


Cross-Border Catch-Up: Key Employment Law Reforms in New Zealand



In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Goli Rahimi (Chicago) discuss key changes under New Zealand’s Employment Relations Amendment Bill. The speakers cover four significant reforms: a new gateway test for determining independent contractor status, a wage threshold precluding unjustified dismissal claims for high earners, a revised remedies framework that considers employee conduct, and the elimination of the 30-day rule for new hires in roles covered by collective agreements. The speakers also offer practical guidance for employers with operations or teams in New Zealand on preparing for these compliance and HR-related changes.


Defensible Decisions: Leaning Into the Law After EEOC Rescinds Anti-Harassment Guidance



In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns, bathroom access, and misgendering. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, explain that while the rescission removes enforcement clarity, it does not change existing law—Bostock remains binding precedent—and employers should continue robust harassment training and remain attentive to evolving federal, state, and local requirements. The speakers also preview anticipated EEOC developments, including potential new guidance on religious accommodations and national origin discrimination.


Defensible Decisions: How to Prepare for 2026 Compliance Reporting Deadlines



In this episode of our Defensible Decisions podcast, Scott Kelly (Birmingham/Washington, D.C.), who is chair of the firm’s Workforce Analytics and Compliance Practice Group, is joined by Kiosha Dickey (Columbia) and Jay Patton (Birmingham) to discuss the increasingly complex landscape of workforce reporting requirements for 2026 and beyond. The speakers cover essential federal obligations like the EEO-1 and VETS 4212 reports, while exploring the expanding state-level requirements in California, Illinois, Massachusetts, and New York City that are adding new layers of compliance challenges for multistate employers. The speakers provide practical guidance on California’s enhanced reporting fields, mandatory penalties, upcoming transition to SOC codes, and critical action items employers should prioritize now to ensure accurate, timely filings and avoid costly enforcement consequences.


Breaking Down Cal/OSHA’s 2026 Walkaround Rule Proposal



In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss Cal/OSHA’s February 2026 proposed rulemaking on walkaround inspections, which would significantly expand who may accompany inspectors during workplace safety inspections—including third-party representatives authorized by employees. Kevin and Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, analyze key concerns for California employers, including the broad language around employee representatives, the inspector’s expanded authority to resolve disputes and control inspections, and potential implications for trade secrets, safety protocols, and employer rights. Written comments on the proposed regulation are due by April 1, 2026.


Litigation Lens: The Intersection of Disability Accommodation and Wage and Hour Compliance



In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) analyze Dudnauth v. A.B.C. Carpet & Home Inc., a case from the U.S. District Court for the Southern District of New York involving disability discrimination and wage and hour claims under New York state law. Michael and Sarah discuss how the court granted summary judgment on the plaintiff’s discrimination and overtime claims based largely on his own deposition testimony admitting he could not work and did not exceed 40 hours per week, while denying summary judgment on the pay frequency claim due to a genuine dispute over whether he qualified as a “manual worker” entitled to weekly pay. In this episode, the speakers highlight key takeaways for employers on the importance of maintaining payroll records, understanding state-specific wage requirements, and the fact-intensive nature of disability accommodation and exemption analyses.


Defensible Decisions: Building a Defensible AI Framework—Inventory, Testing, and Monitoring, Part 2



In part two of this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Lauren Hicks (Indianapolis/Atlanta) continue their conversation on the nuts and bolts of AI bias audits, focusing on defensible documentation, practical hypotheticals, and remediation strategies. The speakers unpack risks in résumé screeners, promotion and retention-risk models, and “human in the loop” assumptions, offering concrete guidance on governance, validation, vendor diligence, and continuous monitoring to align AI use with legal defensibility and business necessity.