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Employee Survival Guide®

Business & Economics Podcasts

WELCOME TO THE EMPLOYEE SURVIVAL GUIDE® PODCAST The Employee Survival Guide® is an employees only podcast about everything related to work and working. We will share with you all the information your employer does not want you to know about and guide you through various work and employment law issues. Your Host Mark Carey The Employee Survival Guide® podcast is hosted by seasoned Employment Law Attorney Mark Carey, who has only practiced in the area of Employment Law for the past 26 years. Mark has seen just about every type of employment dispute there is and has filed several hundred lawsuits in state and federal courts around the country, including class action suits. He has a no frills and blunt approach to employment issues faced by millions of workers nationwide. Mark endeavors to provide both sides to each and every issue discussed on the podcast so you can make an informed decision. EMPLOYEE SURVIVAL GUIDE PODCAST IS LIKE NO OTHERS The Employee Survival Guide® podcast is just different than other lawyer podcasts! This podcast is for employees only because no one has considered conveying work and employment information directly to employees, especially information their employers do not want them to know about. Mark is not interested in the gross distortion and default systems propagated by all employers, but targets the employers intentions, including discriminatory animus, designed to make employees feel helpless and underrepresented within each company. Company’s have human resource departments which only serve to protect the employer. You as an employee have nothing! Well, now you have the Employee Survival Guide® to deal with your employer. Through the use of quick discussions about individual employment law topics, Mark easily provides the immediate insight you need to make important decisions. Mark also uses dramatizations based on real cases he has litigated to explore important employment issues from the employee’s perspective. Both forms used in the podcast allow the listener to access employment law issues without all the fluff used by many lawyers. Subscribe to our show in your favorite podcast app including Apple Podcasts, Stitcher, and Overcast. You can also subscribe to our feed via RSS or XML. If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Thank you! For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at info@capclaw.com. Also go to our website EmployeeSurvival.com for more helpful information about work and working.

Location:

United States

Description:

WELCOME TO THE EMPLOYEE SURVIVAL GUIDE® PODCAST The Employee Survival Guide® is an employees only podcast about everything related to work and working. We will share with you all the information your employer does not want you to know about and guide you through various work and employment law issues. Your Host Mark Carey The Employee Survival Guide® podcast is hosted by seasoned Employment Law Attorney Mark Carey, who has only practiced in the area of Employment Law for the past 26 years. Mark has seen just about every type of employment dispute there is and has filed several hundred lawsuits in state and federal courts around the country, including class action suits. He has a no frills and blunt approach to employment issues faced by millions of workers nationwide. Mark endeavors to provide both sides to each and every issue discussed on the podcast so you can make an informed decision. EMPLOYEE SURVIVAL GUIDE PODCAST IS LIKE NO OTHERS The Employee Survival Guide® podcast is just different than other lawyer podcasts! This podcast is for employees only because no one has considered conveying work and employment information directly to employees, especially information their employers do not want them to know about. Mark is not interested in the gross distortion and default systems propagated by all employers, but targets the employers intentions, including discriminatory animus, designed to make employees feel helpless and underrepresented within each company. Company’s have human resource departments which only serve to protect the employer. You as an employee have nothing! Well, now you have the Employee Survival Guide® to deal with your employer. Through the use of quick discussions about individual employment law topics, Mark easily provides the immediate insight you need to make important decisions. Mark also uses dramatizations based on real cases he has litigated to explore important employment issues from the employee’s perspective. Both forms used in the podcast allow the listener to access employment law issues without all the fluff used by many lawyers. Subscribe to our show in your favorite podcast app including Apple Podcasts, Stitcher, and Overcast. You can also subscribe to our feed via RSS or XML. If you enjoyed this episode of the Employee Survival Guide ® please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Thank you! For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at info@capclaw.com. Also go to our website EmployeeSurvival.com for more helpful information about work and working.

Language:

English

Contact:

2032554150


Episodes
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Carol Tomka's Battle: Confronting Sexual Assault and Harassment in the Workplace

3/18/2024
Can you imagine facing a nightmare in the very place meant for professional growth? Carol Tomka's story, set nearly three decades ago, echoes the chilling experiences that, unfortunately, still resonate in today's workplaces. This episode brings to light the harrowing journey of Carol, who suffered sexual assault and harassment within the confines of her job at Sieler's Environmental Services. Your ears won't believe the denial and legal wrangling that ensued as we walk through the painful reality many face in silence. It's a grim reminder of why the fight against workplace sexual assault and harassment is far from over. As we navigate the complexities of employer liability, Robert Bowe's investigation, and Sealer's internal decisions, we confront the sobering legal battles Carol endured. The courtroom became a battleground for defining the liability of employers under Title VII, with the Second Circuit weighing in on Sealer's responsibilities. This chapter of Carol's saga isn't just about the legalities; it's a crucial discourse on the mishandling of boundaries in professional settings. Listeners will gain a deeper understanding of the legal framework and the ever-important issue of maintaining respect and safety in the workplace. Lastly, we dissect the legal twists in Tomka's case, scrutinizing the alleged retaliatory discharge and the role of trial in such disputes. This episode doesn't just recount the facts; it delves into the human aspect—the impact of employer actions on an individual's career and the complex dance of proving discrimination in court. By revisiting the Second Circuit's reversal and the settlement that followed, we stress the importance of clear definitions when it comes to supervisor roles and the conditions they create. Join us in a thought-provoking exploration that aims to arm employees with the knowledge to confront and overcome workplace challenges. Link to Case Decision: Tomka v. Sieler Corp., 2d Cir. https://caselaw.findlaw.com/court/us-2nd-circuit/1321133.html If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:54:14

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Corporate DEI Causes Racism and Reverse Discrimination

3/12/2024
Could your company's efforts to foster diversity be paradoxically fueling discrimination? Unpack the complexity of corporate DEI programs with us, as we scrutinize their waning popularity and the alarming suggestion that these well-intentioned initiatives might actually be nurturing a new kind of racism and reverse discrimination. In an era where affirmative action and its ripple effects are under the Supreme Court's microscope, we dive into the legal and ethical quagmire faced by businesses striving to balance inclusivity with anti-discrimination laws. Through candid conversations and real-life narratives, we peel back the layers on the legal tightrope that companies walk as they navigate these transformative times. This episode is not just a critique but a journey to understand the soul of corporate America's struggle with diversity. Listen closely as we confront the thorny issues surrounding race-based quotas and metrics, and how they might betray the very principles of equality and meritocracy they aim to uphold. With references to historical civil rights statutes and an analysis of current legal perspectives, we aim to provide a nuanced view of the ongoing debate. We don't shy away from the contentious—the experience of employees who feel marginalized by DEI initiatives, the debate over the validity of tools like Harvard's implicit bias test, or the case of alleged reverse discrimination at Morgan Stanley. Join us for an unflinching look at the challenges of achieving true equity in the workplace without infringing on individual rights. Links: https://capclaw.com/employers-dont-want-dei-to-succeed/ chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf https://www.pionline.com/esg/wall-streets-dei-retreat-has-officially-begun https://www.wsj.com/articles/reports-of-dei-death-are-greatly-exaggerated-implicit-bias-test-systemic-racism-f7122674?st=y9son25mrjp7w00&reflink=desktopwebshare_permalink https://capclaw.com/wp-content/uploads/2024/03/Meyersburg-v-Morgan-Stanley.pdf If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:16:25

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An Extreme Hostile Work Environment Case: The Billie Banks vs. General Motors Story

3/1/2024
Embark on a legal journey that cuts to the core of workplace ethics as we dissect the Billie Banks vs. General Motors case, a paramount lawsuit that challenges our understanding of race-based discrimination and hostile work environments. This episode lays bare the incidents of racial taunts and sexual harassment that Banks endured, exploring the employer's inadequate response and the subsequent legal battles that ensued. We promise to guide you through the complexities of the law, the precedents that shape court decisions, and the nuances of retaliation, disparate treatment claims, and what truly constitutes a hostile work setting. Hear the harrowing tale of Banks's struggles with General Motors—a narrative that exposes the dark side of corporate America and the challenges of disability leave. As we scrutinize the suspension of benefits and the questionable psychiatric evaluations Banks faced, we highlight the bitter realities of discrimination in the workplace. Banks's story isn't just a legal case; it's an eye-opener on corporate missteps , hostile work environments and their dire consequences on an individual's career and well-being. This chapter offers an unflinching look at the personal toll exacted by workplace discrimination and the uphill battle for justice and respect. Our final act pulls back the curtain on the legal labyrinth that Banks navigated in her pursuit of vindication. Analyzing the district court's initial rulings, the pivotal reversal of the hostile work environment claim, and the Supreme Court's perspective on discrete acts of discrimination, we illustrate the concrete implications for employees like Banks. Join us as we evaluate the continuing violation doctrine, the critical timing for filing discrimination charges under Title VII, and the profound impact of judicial interpretation on workplace hostility—ultimately reinforcing the importance of these legal concepts for employees. Case Update: On February 8, 2024, the U.S. District Court for the Western District of New York reported the parties had reached an undisclosed settlement. A resolution that took ten years!! Obviously, the facts did not look great for the defendant before trial which was to start on July 12, 2024. Link to Court Decision: https://law.justia.com/cases/federal/appellate-courts/ca2/21-2640/21-2640-2023-09-07.html If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:57:42

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Performance Reviews Are Now Controlled By AI and Provide Constant Feedback

2/23/2024
Could an algorithm determine your career future? We're peering into the transformative world of AI-driven employee performance reviews, dissecting the complexities and the concerns they introduce into the workplace. This episode takes a hard look at the implications of replacing traditional performance evaluations with AI's continuous feedback loop, as highlighted by the Wall Street Journal. There's a lingering question about whether this technology could unfairly influence terminations rather than enhancing fairness and transparency. With a critical lens, we navigate the murky waters of AI transparency, the programmers behind the curtain, and the potential biases that machines could perpetuate. It's a conversation about the trust deficit between American workers and management, and how genuine employee engagement is about more than surveillance—it's about building a fundamental trust that no AI can replicate. Links: The Performance Review is Dying. Make Way for a Firehose of Feedback The Movie "Her" 2001 a Space Odyssey- Hal "The State of the Union is Not Good" If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:14:38

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Navigating ERISA STD and LTD Disability Claims Process: Insider Strategies for Securing Your Benefits

2/22/2024
Have you ever been thrust into the bewildering maze of disability claims? Fear not, because Mark is here to guide you through this critical journey. On today’s episode is a comprehensive roadmap of the ERISA disability claims process, where Mark unravels the intricacies of both short-term and long-term disability benefits. Each step, from the initial claim to the potential transition to long-term benefits, is packed with nuances and essential tactics. Mark dissects the importance of a detailed narrative, the power of medical documentation, and the subtleties of communicating with your employer and the claims person at the insurance carrier. Plus, Mark will explore the protections offered by the FMLA and ADA, ensuring you're armed with the knowledge to protect your job and income during challenging times. In this episode, Mark delves into the art of compiling a robust claim file, the challenges of mental health claims, and the strategic use of insider strategies for dealing with insurance carriers. He also uncovers the significance of fiduciary responsibilities and the potential of surveillance tactics. For those already on long-term disability, Mark discusses the importance of remaining vigilant and the necessity of applying for Social Security Disability Income (SSDI) as part of the process. Lastly, should you find yourself at the precipice of an ERISA litigation battle, Mark will equip you with the strategies to win at the administrative level before you ever reach court. Mark will explore the federal court process, the importance of engaging an experienced ERISA attorney, and how to craft a narrative that resonates with a judge. Winning disability cases at the administrative level is no small feat, but with the right approach—which Mark will meticulously break down—success is within reach. So tune in and let’s ensure you're prepared to secure the benefits you rightfully deserve. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:01:11:41

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Now it is Easier for Employees to Blow the Whistle Under Sarbanes Oxley Act

2/16/2024
Discover the seismic shift in whistleblower protections as we trace the footsteps of Trevor Murray, the former UBS employee whose courage has carved a new path in the legal jungle. This episode is a treasure trove of insights for anyone standing at the crossroads of ethical decisions in the workplace, offering a guiding light through the murky waters of corporate fraud and employee rights under the Sarbanes-Oxley Act. With the recent Supreme Court ruling in Murray's favor, whistleblowers now have a fighting chance, needing only to demonstrate that their actions were a contributing factor to adverse employment actions rather than the sole reason. Step into the arena where the scales of justice have tipped in favor of truth, as I dissect the nuances of establishing a solid fraud claim and the pivotal role of employment lawyers in this intricate dance. The conversation goes beyond the headlines, peeling back the layers of legal procedures, the strategic use of documentation, and the ever-important timelines that can make or break a case. As we explore the employer's hefty burden of proof and the impact of whistleblowing on employment termination, you'll emerge armed with the knowledge and confidence to navigate the complexities of workplace law, and perhaps, even change the game. Join me as we tackle the implications of this landmark decision for executives and employees alike, setting the stage for our next episode where we'll continue to unravel the fabric of workplace law. Links in Episode: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/23pdf/22-660_7648.pdf Employees can file claims by going to the OSHA website www.osha.gov/html/RAmap.html or call OSHA at 1-800-321-OSHA (6742). For a copy of SOX, the regulations (29 CFR 1980), and other information go to www.osha.gov and click on the link for Whistleblower”. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:16:55

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Menopause Friendly Workplaces

11/14/2023
Ready to discover the untapped benefits of creating menopause-friendly workplaces? Buckle up as we take you through the enlightening findings of Bank of America's study on menopause in the workplace. We uncover the critical need for employers to address the challenges faced by women going through this life-changing phase. By ignoring this key issue, companies not only fuel gender inequality but also risk financial losses. In our deep-dive analysis, we lay bare the impact of menopause on women's work lives, the alarming communication gap between employers and female staff, and the uncomfortable stigma surrounding discussions of menopausal symptoms at work. What if we told you that there's a hidden financial motive behind the creation of menopause-friendly workspaces? Hold onto your seats as we expose the financial implications of neglecting this vital issue. From the Bank of America study findings, we reveal how companies are beginning to wake up to the importance of this topic, yet we also highlight the hurdles that persist. We conclude with practical strategies for employers to foster menopause-friendly workplaces, emphasizing the power of open dialogue in dispelling misconceptions and promoting equity. This episode is a must for those committed to creating an inclusive workplace. Links to sites mentioned: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/business.bofa.com/content/dam/flagship/workplace-benefits/id20_0905/documents/BofA_Lifestage-Report.pdf https://www.nytimes.com/2023/05/22/nyregion/menopause-women-work.html?unlocked_article_code=1.-Uw.cYZ7.k4VePGRKYlg2&smid=url-share https://hellobonafide.com/blogs/news/what-are-the-34-symptoms-of-menopause https://menopause.org/ https://www.mavenclinic.com/programs/menopause https://midday.health/ https://peppy.health/us/ chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/8397591.fs1.hubspotusercontent-na1.net/hubfs/8397591/US%20Website%20Content%20-%20Resources/Steps%20to%20creating%20a%20menopause-friendly%20environment%20US.pdf chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/8397591.fs1.hubspotusercontent-na1.net/hubfs/8397591/US%20Website%20Content%20-%20Resources/How%20to%20have%20a%20menopause%20conversation%20as%20a%20manager%20US.pdf https://www.pressdemocrat.com/article/industrynews/a-movement-to-make-workplaces-menopause-friendly/ https://law.justia.com/cases/federal/district-courts/FSupp2/94/68/2568968/ https://law.justia.com/cases/federal/district-courts/georgia/gamdce/4:2017cv00029/101094/12/ https://casetext.com/case/mesias-v-cravath-swaine-moore-llp If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:16:16

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Performance Reviews Don't Work- Employers Are to Blame

10/19/2023
In this episode I discuss why performance reviews do not work and why employers are to blame. Changing the name doesn't change the game! We confront the rising trend of replacing 'performance reviews' with softer terms like 'feedback' and 'feed forward.' Drawing on my own experiences as an employment attorney, we discuss the distinct lack of effective training for managers and the resulting damage to employee engagement and trust. We wrap up by emphasizing the crucial need for employers to view employees as valuable entities rather than mere 'human capital.' Join us on this enlightening journey and equip yourself with the knowledge to navigate these challenging workplace dynamics. Links to Source Material: https://www.shrm.org/hr-today/news/hr-magazine/spring-2023/pages/the-problem-with-performance-reviews.aspx https://capclaw.com/employnomics/ https://www.nber.org/papers/w31762 Why Women Won https://www.wsj.com/lifestyle/careers/companies-worker-management-feedback-feedforward-hr-9758d6a7?st=w0oqoil1scpj41l&reflink=desktopwebshare_permalink https://www.performancereviewssoftware.com/cost-of-performance-management-software-in-2021/ https://www.gallup.com/workplace/468233/employee-engagement-needs-rebound-2023.aspx chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/sjfventures.com/wp-content/uploads/2015/11/Employees_Matter_Executive_Summary_PDF.pdf https://www.workiva.com/resources/what-is-esg-environmental-social-governance If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:10:56

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Two Wins for Pregnant and Working Moms

10/10/2023
What if there were laws to protect the rights of pregnant and nursing mothers at work? Well, get ready to expand your knowledge on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) that set the pace for better treatment of working mothers. Join us on this enlightening journey as we unravel the intricacies of these acts that mandate employers to provide reasonable accommodations to pregnant and postpartum workers, and ensure nursing mothers get ample break times and a private space to express breast milk. We'll delve into the key victories these laws represent for an overwhelming 9 million nursing mothers in the workplace- a ray of hope in the daunting task of juggling motherhood and work. Our conversation doesn't end there. We'll dig deeper into how you, as a working mother, can leverage these acts to your benefit. From the importance of written requests for accommodations to maximizing protections through interactive processes, we've got you covered. However, it's not just about knowing your rights, it's also about holding employers accountable. So, we also shed light on the process of filing a complaint for non-compliance. Moreover, we put a spotlight on the urgent need for comprehensive paid leave policies in the US, to ensure that no mother has to choose between her job and her newborn. Wrapping up, we touch on a crucial yet often overlooked aspect of a successful business - employee engagement, loyalty, and trust. So get ready for an insightful episode packed with practical advice, informative discussions, and thought-provoking conversations about the world of working moms. Links: Providing Urgent Maternal Protections for Nursing Mothers Act Filing Complaint under PUMP Act Pregnant Workers Fairness Act Filing Complaint under PWFA 2019 PEW Research Report: Among 41 countries, only U.S. lacks paid parental leave NYTimes Article: The World ‘Has Found a Way to Do This’: The U.S. Lags on Paid Leave If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:22:48

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When the Earth Shifted: The Banning of Non-Competition Agreements

9/26/2023
The Earth shifted beneath our feet on May 30, 2023, when the National Labor Relations Board (NLRB) General Counsel declared non-competition agreements illegal. This is a game-changer, folks! Our discussion centers around the key reasons why this legal opinion packs the punch of law, the crucial role of administrative deference, and the jurisdiction of significant federal agencies like the NLRB. We also trace the ripple effects of this seismic shift on employers and employees alike, and the potential recourse for those on the receiving end of non-competition agreement threats. Prepare yourself to traverse the terrain of this monumental change in employment law. We delve deep into the NLRB General Counsel's memo's critical reference to the 13th Amendment and its relevance to the ever-evolving discourse on labor rights. The episode closes on a hopeful note, as we underline the significance of this development for labor relations and worker rights nationwide. Tune in, absorb the wisdom, and arm yourself with the knowledge to navigate this new world order. Links referred to in episode: https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-on-non-competes-violating-the-national https://apps.nlrb.gov/link/document.aspx/09031d4583a87168 If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:11:59

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The Most Shocking Sexual Harassment Case Ever: Interview With Reporter Susan Antilla

7/3/2023
In this episode of the Employee Survival Guide, Mark addresses one of the worst possible sexual harassment and sexual assault stories that has ever occurred in the workplace. Mark interviews veteran news reporter and author Susan Antilla, NYTimes and Insider, who broke the story. It is just shocking what happened to Renee Zinsky and other women who worked for this employer. The case is captioned as Renee Zinsky v. Michael Russin, Russin Financial, Russin Group, Simon Arias, III, Arias Agencies, S.A. Arias Holdings, LLC, American Income Life Insurance Compay, W.D. Pa. 2:22cv00547 (MJH) (filed 11/1/2022). The ramifications of the story are begining to impact this company and its reputation. The interview, article and the complaint just speak for themselves. It is just a remarkable and dramatic tale of insanity of a magnitude Mark has never seen before in his entire legal career, and he has seen a lot of crap go down with clients and their workplaces. Link to Blog article Mark wrote about this story and internal link to the Insider story written by Susan Antilla. CLICK HERE. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:38:37

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The Games Employers Play

6/28/2023
In this episode of the Employee Survival Guide, Mark addresses the games employers play with employees. Mark recently had two consultations with perspective clients and wanted to share the insights he shared with both individuals to help each person understand the games their employers were playing with them and what they could do about it to persuade the employers to pay them increased severance. Mark provides an overwhelming amount of information in the episode, and it is the same information he shares during his consultations with perspective clients. This episode is intended to take the blinders off employees about what their employers are doing to them (playing games) and how to effectively leverage a successful severance negotiation to their advantage. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:49:38

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Working and Protecting Your Job During Menopause

6/14/2023
In this episode of the Employee Survival Guide, Mark addresses the taboo issue of the effects of menopause and working. Over half of all employees are women and half of them are at an age where they are experiencing perimenopause and menopause. Mark raises the issue that employers need to do more to accommodate women going through this transition. That the underlying medical and psychological issues that comprise menopause are in fact disabilities that are protected under federal, state and city laws. Mark encourages employees to ask for reasonable accommodations to address symptoms at work and taking leaves of absences if needed. He provides helpful information to help you protect yourself while going through menopause and how managers can become more aware of this taboo but important subject. Links to sources in the podcast episode: https://www.bls.gov/opub/ted/2023/labor-force-participation-rate-for-women-highest-in-the-district-of-columbia-in-2022.htm#:~:text=For%20the%20nation%20as%20a,was%2056.8%20percent%20in%202022. https://www.nytimes.com/2023/04/28/well/live/menopause-symptoms-work-women.html?smid=url-share Link to blog article on the same subject: https://capclaw.com/working-and-protecting-your-job-during-menopause/ If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:14:23

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The Pros & Cons of Oversharing At Work

5/16/2023
In this episode of the Employee Survival Guide, Mark addresses the issue of oversharing at work. He explores the pros and cons of oversharing. Obviously, oversharing can be damaging to other employees, i.e. mental nervous conditions and coworker abuse, a sexual harassment comment or ageist comment. But oversharing can also be used as a tool to set up your employer and protect your rights, causing your employer to go on the defense, and enhancing your severance package. In the alternative, oversharing can be used to prolong your job and prevent the employer from firing you when you overshare, i.e. complain of discrimination in a time stamped email. Again, another tactic your employer does not want you to know about. Links to sources in the podcast episode: https://www.wsj.com/articles/when-bringing-your-whole-self-to-work-is-too-much-8a590034?st=5vnv97uogual3g0&reflink=desktopwebshare_permalink https://en.wikipedia.org/wiki/Mental_Health_Awareness_Month https://www.linkedin.com/pulse/how-stop-oversharing-your-boss-get-ahead-by-linkedin-news/ https://www.nytimes.com/interactive/2018/06/15/business/pregnancy-discrimination.html Link to blog article on the same subject: https://capclaw.com/the-pros-and-cons-of-oversharing-personal-information-at-work/ If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:12:45

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Employers Don't Want DEI to Succeed!

4/12/2023
In this episode of the Employee Survival Guide, Mark attacks the DEI initiative and argues that employers just do not want any DEI initiatives to succeed because it is bad for business. Mark wastes no time blaming employers for the DEI fiasco now experienced by employees nationwide. Links to sources in the podcast episode: https://www.patreon.com/profvrandall?utm_medium=clipboard_copy&utm_source=copyLink&utm_campaign=creatorshare_fan&utm_content=join_link https://hbr.org/2022/01/the-angry-black-woman-stereotype-at-work https://www.healthline.com/health/depression/situational-depression https://hbr.org/2022/12/the-failure-of-the-dei-industrial-complex Link to blog article on the same subject: https://capclaw.com/employers-dont-want-dei-to-succeed/ The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:20:45

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Employees Now Have New Freedom of Speech Rights At Work

4/7/2023
In this episode of the Employee Survival Guide, Mark discussses the recent federal government action to provide millions of working Americans new Freedom of Speech rights at work by banning pre and post dispute confidentiality agreements and nondisparagement agreements in severance agreements employees receive when they are terminated. The new rules apply to both private sector employees and unionized employees. This is a huge development favoring employees. Links to sources for podcast: https://capclaw.com/employees-now-have-new-freedom-of-speech-rights-at-work/ https://www.nlrb.gov/about-nlrb/who-we-are https://www.nlrb.gov/news-outreach/news-story/board-rules-that-employers-may-not-offer-severance-agreements-requiring https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act https://en.wikipedia.org/wiki/Speak_Out_Act https://capclaw.com/podcast-speak-out-act-a-federal-ban-on-predispute-confidentiality-agreements-regarding-sexual-harassment-and-sexual-assault-victims/ https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/speak-out-act-compliance.aspx https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/pages/nondisclosure-nondisparagement-agreement-states.aspx https://www.americanbar.org/groups/business_law/publications/blt/2016/09/03_cohen/ https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-with-guidance-to-regions-on-severance https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-with-guidance-to-regions-on-severance The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:11:51

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Your Layoff Severance First Aid Kit

3/24/2023
In this episode of the Employee Survival Guide, Mark prepares your layoff first aid kit and instructs you about what should go into it. He will discuss (10) ten steps you need to run through when you receive your layoff notice and severance agreement. Mark offers quick advice from years of handling severance negotiations for thousands of clients. There is a method and you need understand it to maximize your financial severance gain. The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:16:29

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What Is a Hostile Work Environment Anyway?

3/22/2023
In this episode of the Employee Survival Guide, Mark confronts and explains one of the most overused and most misunderstood employment law phrases out there. What is a hostile work environment anyway? Mark wants to end the confusion once and for all. After you listen to this episode you will know what is and what is not a hostile work environment. Links mentioned in the show: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-glossary/pages/hostile-work-environment.aspx https://www.eeoc.gov/harassment The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:26:52

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Speak Out Act- A Federal Ban on Predispute Confidentiality Agreements Regarding Sexual Harassment and Sexual Assault Victims

3/21/2023
In this episode of the Employee Survival Guide, Mark explores the recently enacted federal ban on predispute nondisclosure agreements regarding sexual harassment and sexual assault in the workplace. The Speak Out Act bans or voids any and all predispute agreements from prohibiting anyone for complaining about sexual assault and sexual harassment. These agreements are not to be confused with severance, settlement agreements- so called postdispute nondisclosure agreements, which the law does not apply to. Listen to hear Mark explain the reality of the federal ban and how employers have attempted to get around these federal and state bans on nondisclosure of sexual harassment and sexual assault claims by victoms. Mark anticipates the problem is not going to go away. Speak Out Act. https://www.natlawreview.com/article/new-speak-out-act-voids-predispute-nondisclosure-and-nondisparagement-provisions ban on forced arbitration National Women's Law Center, April 2020 Fact Sheet: Limiting Nondisclosure and Nondisparagement Agreements That Silence Workers: Policy Recommendations. The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:14:08

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Fired or Laidoff What Company Information Can You Take With You and How to Do It?

3/20/2023
In this episode of the Employee Survival Guide Mark discusses what things you can take and not take with you after being laid off or terminated for cause. There is a common misperception among employees about what exactly an employer owns. Mark explains that work for hire means anything you do for the employer belongs to the employer. Many employers make employees sign Nondisclosure and Confidential Agreements to protect company information. Listen and find out the quick and easy answers to this very real and large problem many employees experience. The most important item companies cannot control is each employee's individual intellectual property, i.e. their work experience and know how. This episode was prompted by a Wall Street Journal article Mark read dated March 16, 2023 captioned: Worried About Layoffs? What Files You Can Take With You—and How to Do It The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

Duration:00:18:36