The Workplace: a Podcast by CalChamber – 2019 Archive
The Workplace is a podcast by CalChamber that provides expert and entertaining commentary on issues critical to California employers and employees. Episodes include discussions about California employment laws, legislative proposals, and national and state politics.
Commentary on the podcast should not be considered as legal advice.
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Episode 42
How Festive Is Too Festive? Tone from the Top Is Key to Avoiding Trouble
(December 18, 2019) In this episode of The Workplace podcast, employment law expert Jennifer Shaw joins CalChamber Executive Vice President and General Counsel Erika Frank to discuss what employers can do to avoid the problems that arise when employees drink too much at a company party.
Episode 41
Avoid Secret Santa and Gift Exchange Pitfalls at Work
(December 11, 2019) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw get help from clips of “The Office” to discuss what types of gifts to avoid if your workplace decides to exchange gifts for the holidays.
Episode 40
Tips to Make Performance Reviews Beneficial to Both Employers and Employees
(December 4, 2019) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss employee performance reviews and provide tips on how to draft constructive evaluations.
With the help of a clip of from the television series “The Office,” Frank and Shaw delve into what works for effective performance evaluations and what does not.
Episode 39
Prop. 65 Warnings for Acrylamide in Food Not Backed by Current Scientific Data, Suit Argues
(November 27, 2019) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and consumer product attorney Trenton Norris discuss acrylamide and the CalChamber’s efforts to stop Prop.65 overwarning about acrylamide in food.
Episode 38
(November 20, 2019) In this episode of The Workplace podcast, CalChamber President and CEO Allan Zaremberg, and CalChamber Executive Vice Presidents Erika Frank and Jennifer Barrera give an overview of what employers should know about AB 5, California’s new independent contractor classification law.
Episode 37
CalChamber Employment Law Experts Review Questions on Minimum Wage Ordinances, Maternity Leave
(November 13, 2019) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and CalChamber employment law experts Bianca Saad and Matthew Roberts review questions on minimum wage ordinances and maternity leave.
Episode 36
CalChamber Employment Law Experts Discuss Most Common Questions Concerning Medical Leaves
(November 6, 2019) The employment law experts at the California Chamber of Commerce field more than 1,600 calls on workplaces issues a month. And that’s on top of the inquiries sent their way at human resources seminars and other events. In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and CalChamber employment law experts Bianca Saad and Matthew Roberts discuss the most common HR questions they are asked concerning medical leaves of absence.
Episode 35
From Clowns to Pigs: Dealing with Unconventional Requests in the Workplace
(October 30, 2019) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw explain the three factors that employers should consider when an employee asks for a service or emotional support animal accommodation.
Episode 34
Measures Employers Should Incorporate to Mitigate Risks Under PAGA
(October 23, 2019) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and wage and class action expert Michael Nader review the actions employers can take to mitigate PAGA liability risks.
Episode 33
The Good, the Bad and the Ugly of Hosting an Off-Site Work Event
(October 16, 2019) Off-site work events can help create a more collaborative workforce, but they also come with a range of liability risks. In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw cover the benefits and drawbacks of hosting an off-site work event.
Episode 32
Sexual Harassment, Discrimination Investigations Are Required by Law
(October 9, 2019) What are the obligations when an employee steps forward with a sexual harassment complaint? In this episode of The Workplace, workplace investigations expert Lisa Buehler joins CalChamber Executive Vice President and General Counsel Erika Frank to talk about emerging issues and best practices when conducting a workplace sexual harassment investigation.
Episode 31
Benefit Trends That Keep Employees Engaged at Work
(October 2, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank and employee benefits expert Vinny Catalano discuss trends in employee benefits that are low in cost to employers, but high in value to employees.
Episode 30
Ageism in the Workplace: Prevent Liability by Focusing on Abilities, Not Age
(September 25, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank talks with employment law expert Jennifer Shaw about the pitfalls of age-based stereotyping, succession planning, and mandatory retirement.
Episode 29
Critical Employment Bills Awaiting Action by Governor
(September 18, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank, CalChamber Policy Advocate Robert Moutrie, and longtime Capitol lobbyist Chris Micheli discuss the important bills affecting employers that await action by the Governor and some of the related last-minute political scenarios.
Episode 28
What Employers Should Know About Wage Garnishment
(September 11, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law expert Jennifer Shaw to discuss what responsibilities employers have when served with a wage garnishment order for an employee.
Episode 27
Tips on Open Enrollment, Employee Benefits Strategies
(September 4, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employee benefits expert Vinny Catalano of Gallagher Benefit Services to discuss open enrollment options for employers and trends in benefit offerings. In addition, Frank and Catalano underscore the importance of communicating the value of the benefits provided to employees.
Episode 26
From Coffee to Roasted Asparagus—How Prop. 65 Is Leading to Excessive Product Warnings
(August 28, 2019) CalChamber Executive Vice President and General Counsel Erika Frank and CalChamber Policy Advocate Adam Regele discuss Proposition 65 and how it has been used as a vehicle to unscrupulously sue businesses across the state.
Episode 25
What to Do If Immigration Officials Come Knocking
(August 21, 2019) In this week’s episode of The Workplace, CalChamber President Allan Zaremberg discusses with immigration expert Kevin Johnson, Dean of the UC Davis School of Law what employers are required to do if Immigration and Customs Enforcement (ICE) officials raid a job site or ask to inspect records.
Episode 24
Update on Key Bills Affecting California Employers
(August 14, 2019) In this week’s episode of The Workplace, CalChamber President Allan Zaremberg, and CalChamber Executive Vice President Jennifer Barrera update listeners on the status of important pending legislation that will have a huge impact on employers and California’s economy—legislation on the Dynamex decision, privacy, pay for striking workers, and arbitration agreements.
Episode 23
Revenue Boost Calls Into Question Motivation for New Taxes; A Conversation with Dan Walters
(August 7, 2019) In this episode of The Workplace, CalChamber President Allan Zaremberg discusses California’s revenue surge and continued calls for new taxes with California political expert Dan Walters. The two also discuss pressing issues at the State Capitol including both Dynamex and privacy legislation.
Episode 22
Emergency Wildfire Smoke Protection Regulation Now In Effect—What Employers Need to Know
(July 31, 2019) CalChamber Policy Advocate Robert Moutrie and CalChamber Executive Vice President and General Counsel Erika Frank review the steps employers should take to comply with Cal/OSHA’s recent wildfire smoke protection emergency regulation.
Episode 21
Disaster Preparedness in the Workplace — It’s More Than Duck and Cover
(July 24, 2019) CalChamber executives Allan Zaremberg and Erika Frank discuss the importance of emergency preparedness in the workplace. The two give an overview of employers’ responsibilities to their employees during times of crisis.
Episode 20
Vaccination Controversy Highlights Wellness Issues in the Workplace
(July 17, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law expert Jennifer Shaw to discuss the current vaccination controversy and other issues that come into play as employers attempt to keep their workers healthy and productive.
Episode 19
Is It Back? Renewed Talk about a Sales Tax on Services Raises Concern for California Businesses
(July 10, 2019) In this episode of The Workplace, CalChamber President and CEO Allan Zaremberg is joined by Loren Kaye, president of the California Foundation for Commerce and Education, to discuss a proposal that threatens to impose a sales taxes on services in California. The two examine the implications this policy would have on the state’s budget and business climate.
Episode 18
(July 3, 2019) It’s summertime in California and that means flip flops, shorts, and tank tops. Unfortunately, when the weather heats up, employees can be tempted to show up for work wearing attire that seems more appropriate for the beach than the office. In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law expert Jennifer Shaw to discuss what steps employers can take to ensure that employees are appropriately dressed and groomed for their work environment.
Episode 17
Employment Law Update: What’s Moving and What’s Not
(June 26, 2019) In this episode of The Workplace, CalChamber Executive Vice Presidents Erika Frank and Jennifer Barrera discuss the status of several employment law proposals being considered by California lawmakers. While some of the bills that would have impacted employers — including expansion of sick leave — have been stopped for the time being, others continue to make their way through the process. Listen in as the two employment law experts provide an overview of where things stand on employment law legislation at the State Capitol.
Episode 16
Regulations May Require Employers to Monitor Air Quality/Provide Respirators
(June 19, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by CalChamber Policy Advocate Robert Moutrie to discuss proposed regulations developed in the wake of California’s recent wildfires. Cal/OSHA is considering new rules to provide protection to employees when air quality is diminished to certain levels.
Episode 15
CalChamber Podcast Focuses on Meals and Breaks at the Office
(June 12, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank discusses the ins and outs of California’s meal and rest break rules with attorney and employment law expert Michael Nader of the Olgetree Deakins law firm. The discussion delves into the importance of meal and rest breaks being taken by employees and explores ways employers can protect themselves against potential litigation.
Episode 14
CalChamber Podcast Discusses Employee Misclassification
(June 5, 2019) In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank discusses exempt employee misclassification with employment law expert Jennifer Shaw. In the podcast, they discuss the differences between exempt and non-exempt employees and the common mistakes employers make when classifying their employees as exempt.
Episode 13
New CalChamber Podcast Discusses “Ghosting” in the Workplace
(May 29, 2019) In this episode of The Workplace, CalChamber General Counsel and Executive Vice President Erika Frank discusses employee “ghosting” with Attorney and Employment Law Expert Jennifer Shaw. The two describe this new phenomenon and the legal implications that may arise for employers.
Episode 12
Go-Go Economy Fuels Record State Budget Surplus
(May 22, 2019) On this episode of The Workplace, CalChamber President Allan Zaremberg talks with Loren Kaye, president of the California Foundation for Commerce and Education, about the private sector’s role in creating a record state budget surplus. On the heels of the Governor’s May Budget Revision, the two provide in-depth perspective on the wisdom of California’s spending priorities, especially given the state’s volatile tax system. Zaremberg and Kaye provide recommendations on how the state can protect both its economy and job creation well into the future.
Episode 11
Texting in the Workplace and Other Cautionary Employment Tales
(May 15, 2019) On this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by Jennifer Shaw, Founding Partner of the Shaw Law Group, to discuss recent employment law snafus making headlines. Frank and Shaw discuss the implications of events highlighted in three recent news stories: The first recounts a company’s job announcement seeking “preferably Caucasian” candidates; the second involves an employer’s attempt to establish a no-touching workplace; and the third describes problems that can be created in the workplace due to texting mishaps.
Episode 10
(May 8, 2019) In the newest episode of CalChamber’s podcast, The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law attorney Jennifer Shaw to discuss how legalization of marijuana is impacting both workers and business owners in California. The two employment law experts dive into details about the profound impact that legalization of recreational pot is having on both recruitment and retention of employees. They further discuss the parameters of both pre-employment and reasonable suspicion drug testing and provide perspective on an employer’s ability to maintain a drug free workplace.
Episode 9
Legislative Trend: Expanded Leaves of Absence
(May 1, 2019) California often is recognized as one of the most family-friendly states given its myriad of employment leaves of absence and protections. Despite the state already being a leader on this issue, however, expanding or creating more leave policies continues to be an active area of legislation. Erika Frank, CalChamber Executive Vice President of Legal Affairs and General Counsel, and Jennifer Barrera, CalChamber Executive Vice President, review and discuss three bills seeking to expand protected leaves of absence in California.
Episode 8
Labor Law Helpline: What’s Your Question?
(April 24, 2019) California’s complex employment laws prompted 22,000 calls to the CalChamber Labor Law Helpline in 2018. On the latest episode of The Workplace podcast, CalChamber President Allan Zaremberg and Erika Frank, CalChamber Executive Vice President of Legal Affairs and General Counsel, discuss the most frequently asked questions—a good indicator of the compliance issues that are the most challenging for California businesses.
Episode 7
(April 17, 2019) Even though California is enjoying its ninth straight year of economic growth and the state has a solid budget surplus and a brimming Rainy Day Fund, California legislators can’t seem to resist the temptation to raise taxes. This week on The Workplace, CalChamber President Allan Zaremberg and Loren Kaye, president of the California Foundation for Commerce and Education, highlight just a handful of the more than $15 billion in new taxes policymakers are considering. On the list of possible items lawmakers would like to tax is everything from medicine to tires and businesses.
Episode 6
(April 10, 2019) The latest episode of CalChamber’s The Workplace podcast focuses on men and the #MeToo movement. As more publicity is being given to instances of sexual harassment around the country, men have responded to news stories and other developments in a variety of ways. Some will no longer meet with female colleagues or socialize with women coworkers to protect themselves from the possibility of being wrongfully accused of harassment. Erika Frank, CalChamber Vice President of Legal Affairs and General Counsel, is joined by Jennifer Shaw, President of the Shaw Law Group, to shed light on these issues and provide perspective on the #MeToo movement.
Episode 5
Legislative Changes Needed to Fix California Consumer Privacy Act
(April 3, 2019) The California Consumer Privacy Act (CCPA) is a sweeping privacy law that applies to businesses of all sizes across almost every industry. In this episode of The Workplace, CalChamber President Allan Zaremberg is joined by CalChamber Executive Vice President Jennifer Barrera and Policy Advocate Sarah Boot to talk about the challenges of implementing the CCPA. The trio digs deep into the potential costs to both business and consumers posed by the CCPA as they discuss the many unworkable provisions of the law. They conclude the conversation with a discussion of needed legislative fixes before the CCPA goes into effect on January 1, 2020.
Episode 4
Say Cheese: Cameras In The Workplace, On-line Communication, and the Internet Test Bounds of Privacy
(March 27, 2019) This episode explores new areas of concern and issues generated for employers by the prevalence of technology on the job site or in the office. Erika Frank, CalChamber executive vice president, legal affairs and general counsel, and Ellen Savage, HR adviser with CalChamber’s Labor Law Helpline, talk about what is private – and what is not – at work. The conversation provides both entertaining and helpful insight into the issue, particularly given the multitude of federal and state constitutional guarantees, limitations imposed by federal and state statutes, and case law.
Episode 3
California Leads Presidential Election Landscape in 2020
(March 20, 2019) California voters have achieved a new milestone: the distinction of being an early presidential primary state due to the Legislature moving the date up three months from June to March 2020. Martin R. Wilson, CalChamber executive vice president, public affairs, is joined by Andrew Acosta, Acosta Consulting, and Steve Maviglio, principal of Forza Communications. The trio discusses how the early presidential primary will have a major impact on the California election cycle, accelerating all the traditional deadlines, such as candidate filings and contribution disclosures, as well as the imperative of building out the necessary infrastructure to wage a successful and expensive race for office.
Episode 2
Dynamex—The Elimination of Independent Contractors?
(March 13, 2019) The California Supreme Court’s April 2018 decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles completely changed the way in which an individual is classified as an independent contractor versus an employee in this state. In today’s edition of The Workplace podcast, CalChamber President and CEO Allan Zaremberg and Executive Vice President Jennifer Barrera review what the decision means for California employers and independent contractors.
Episode 1
Employers Lead the Charge: Preventing Sexual Harassment in the California Workplace
(March 6, 2019) Welcome to The Workplace! Join Erika Frank, CalChamber executive vice president, legal affairs and general counsel, and CalChamber policy advocate Laura Curtis as they discuss sexual harassment in the workplace, the #MeToo movement and how to lead the charge in preventing harassment from happening in your office.