Explorez tous les épisodes du podcast The Employee Handbook - A Human Resources Podcast by 2 Lawyers
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Sllippery When Wet: On the Unintended Perils of Artistic Pursuit
Welcome back to The Employee Handbook (formerly the HR Podcast—we changed it for the SEO, let’s see if it works). To kick off 2026, Arta and Ryan take a trip north of the border to analyze a case that involves contract law, trade shows, and copious amounts of baby oil.
We examine Newsham v. CanWest Trade Shows, where a male exotic dancer suffered a knee injury after slipping on stage. While the Canadian courts ruled one way, we break down why California’s "ABC Test" would view this "artistic pursuit" very differently.
Whether you are running a trade show, an accounting firm, or a trampoline park, this episode is a masterclass in why you cannot simply "waive" away negligence. We discuss the critical differences between invitees and trespassers, why the Workers' Compensation system is actually an employer's safety net, and why—in California—that independent contractor is probably legally your employee.
In this episode:
The ABC Test: Why doing business in California means almost everyone is an employee (especially if they are central to your show).
Premises Liability: From body paint to carpet types, who is responsible when the stage gets slippery?
Waivers vs. Reality: Why you can’t contract out of ordinary negligence, no matter what the paper says.
Civil Suit vs. Workers' Comp: Why staying out of civil court is worth the insurance premiums.
Disclaimer: The hosts of this podcast are licensed attorneys, but they are not your attorneys. This episode is for entertainment purposes only.
Hello, Pot? This is Kettle... SHRM Moves from HR to Irony Industry
The world's largest HR organization just paid $11.5 million for violating its own rules.
SHRM—the Society for Human Resource Management—literally writes the certification exams, publishes the best practices, and trains HR professionals worldwide on how to handle workplace discrimination complaints. Then they got sued for racial discrimination and retaliation by one of their own employees. And lost. Badly.
In this episode, Arta and Ryan break down Muhammad v. Society for Human Resource Management, a federal case out of Colorado where a jury awarded $1.5 million in compensatory damages and slapped on $10 million in punitives after deliberating for just four and a half hours.
The facts read like a checklist of what not to do:
Complaints escalated through proper channels while the company's response became evidence against them
The "investigator" had never conducted a discrimination investigation before and couldn't recall his training
That same investigator was simultaneously ghostwriting emails for the accused supervisor
A Black employee who raised similar complaints was terminated 17 days later
The plaintiff was suddenly hit with "non-negotiable" deadlines for the first time—right after complaining
The court found SHRM "produced no facts showing that it actually investigated"
We cover what employers should actually do when facing discrimination complaints, why company size matters for determining "reasonable" responses, how California's new intersectionality law changes the analysis, and the brutal irony of an HR company becoming a case study in exactly what they teach others to avoid.
Just Shut Up Already: Human Resource Myths Debunked
Can you sue your boss for being mean? Is workplace bullying illegal in California? What does HR actually do—and what are they required to tell you?
Employment lawyers Arta Wildeboer and Ryan Ellis separate fact from fiction on the most common workplace myths that trip up California employees and employers alike.
What We Cover:
HR Complaints & Investigations
HR is not the principal's office—when to go to your manager first
What employees are legally entitled to know during a workplace investigation
Your right to participate vs. your right to see the full investigative file
Hostile Work Environment & Workplace Bullying
What legally qualifies as a hostile work environment in California
Protected characteristics under FEHA: race, sex, religion, national origin, age (40+), disability, sexual orientation, gender identity, pregnancy, marital status, veteran status
Why being called names or yelled at daily isn't automatically illegal
The difference between an unpleasant boss and unlawful harassment
First Amendment & Social Media at Work
Free speech protects you from government prosecution—not from getting fired
What speech IS protected: union organizing, whistleblowing, reporting illegal conduct
Social media posts that can get you terminated
Employer Obligations
Why California corporations must have legal representation in court
Training requirements (or lack thereof) for managers
What employers actually owe employees under California law
Practical Advice
Why you should never delete text messages, Slack messages, or Teams chats
When to document, when to escalate, when to leave
The limits of the legal system for solving workplace problems
Hosted by: Arta Wildeboer (Law Office of Arta Wildeboer, Downey CA) and Ryan Ellis — California employment attorneys breaking down real-world HR and workplace law issues.
Disclaimer: Entertainment only. Not legal advice. Not your lawyers. California-focused.
We Are All Just Prisoners Here of Our Own Device: California’s 2026 Upcoming Employment Laws and HR Shakeup Explained
California employment law is changing again in 2026—and employers need to prepare now. In this episode of The Employee Handbook, attorneys Arta Wildeboer and Ryan Ellis break down the most significant new California labor laws taking effect January 1, 2026.
Topics covered in this episode:
Wage & Hour Updates
California minimum wage increasing to $16.90/hour (with higher rates in San Francisco and San Jose)
New minimum exempt salary threshold: $70,304 annually
Computer professional exemption: $122,573.13/year
Licensed physician minimum: $107.17/hour
SB 261 penalties for unpaid wage judgments—up to 3x the judgment amount
Remote Work Expense Reimbursement
Labor Code 2802 updates requiring employers to reimburse remote employees for internet, phone, and electricity costs
What counts as "reasonable" reimbursement and class action risks
Stay-or-Pay Provisions Banned
California's new prohibition on training repayment agreements and stay-or-pay contract clauses
Workplace Violence Prevention Program (SB 553)
Required incident logging and documentation
Penalties up to $25,000 per violation ($158,000 for willful violations)
PAGA exposure and how violations multiply
Real examples: Slack threats, customer confrontations, domestic disputes at work
Annual audit and training requirements
Espinoza v. Target case discussion
Whether you're a California employer, HR professional, or business owner, this episode provides practical guidance on compliance with California's evolving employment regulations.
Trouble at the Old Axe Factory or How I Learned to Stop Worrying and Love Zoloft
Ever wondered how to navigate the maze of employer responsibilities and employee rights, especially when it comes to mental health and work injuries? This episode promises to unravel the complexities with a blend of humor and practical advice. We illustrate the crucial concepts of actual and constructive notice in workplace injuries.
Our deep dive into California’s stringent workers' compensation laws is a must-listen for employers. We discuss the dire consequences of failing to report incidents promptly, including state intervention and asset seizure.
Honesty and swift action are the keys to compliance, and we explain why providing the DWC-1 form and notice of rights within one day of an injury report is non-negotiable. Beyond the legalities, we emphasize the significance of conducting thorough investigations, maintaining up-to-date employee handbooks, and hiring competent HR personnel. These proactive steps protect not only your business but also foster a fair and safe work environment.
We also tackle the crucial topics of mental health and sexual harassment in the workplace, shedding light on the employer’s role in providing support without admitting liability.
Preventing retaliation and meticulously documenting adverse actions are vital to safeguarding against claims and ensuring a fair workplace. Through engaging discussion and thoughtful insights, we equip you with practical advice to navigate these challenging aspects of employment law. Join us for a balanced mix of light-hearted banter and serious conversation, all designed to keep you informed and entertained while reminding you that our content is strictly for entertainment purposes.
Uh, It's Called the 1st Amendment. It's in the Bible, Look it Up.
In a new segment designed to bring our audiences closer to our inner children, we ponder what life would be like if we'd taken a wildly different career path. That's exactly where Ryan and I start off our second season. Ryan makes an odd turn by making a play to become a member of the village people, while Arta looks to corner the market by appealing to a niche demo.
We then discuss the topic of personal/private social media posting as it relates to your job and why it might be a bad idea to broadcast your ideas to the world when you signed up for social media with your real name and where you work. This episode is where we finally start to figure out how to do a show.
My Neck, My Back, My Rights Under Attack: Fighting Disability Discrimination
Navigating the labyrinth of disability accommodations and avoiding the snares of discrimination in the workplace can be as complex as a game of legal chess. With us, Arta Wildeboer or and Ryan Ellis, your guides through California's intricate employment law landscape, you're in for an enlightening strategy session. We dissect the spectrum of conditions covered by employment law and the strategic dance between employers and employees when it comes to reasonable accommodations. Along the way, we share real-world scenarios that bring to life the practical implications of these legal challenges, all with a dash of humor and a heaping of expertise to keep things engaging.
Ever wondered how the law distinguishes between various disabilities and what constitutes a reasonable accommodation versus an undue hardship for businesses? Our conversation takes you on a journey through the legal intricacies of both physical and mental disabilities in the workplace. From discussing the delicate balance of accommodating employees without fundamentally altering job roles to dissecting discrimination claims linked to performance issues, we ensure you're armed with the knowledge to navigate these tricky waters. We also delve into the emotional and financial stakes of these claims, providing vital HR strategies for managing complex employee relations.
Topping off this deep dive, we examine the emotional toll of litigation and the crushing weight of punitive damages on a company's bottom line. By emphasizing proactive communication and robust HR policies, we aim to shield your company from costly legal battles and protect the rights of employees. With our combined plaintiff and defense perspectives, we serve up a full course of legal insights flavored with practical advice and the occasional light-hearted anecdote, making this an indispensable resource for anyone vested in the world of employment law.
I'm Sorry, but We Only Promote People Who Play Magic: The Gathering
This week we delve into a topic that is a common gripe for many employees - Supervisors playing favorites. The perception that the boss has a favorite among the employees can cause a lot of interpersonal tension in the workplace, but it is illegal for the boss to have a bff among the staff?
Our favoritism discussion centers around another Reddit post and we decide if what is going on runs afoul of any laws in California or on the Federal level and whether or not this person is an annoying crybaby.
We also talk about our potential future with Comedy Central and what happens when an employer receives either a Demand Letter or a Summons and Complaint and the difference between the two.
Ok, Hear Me Out. It's Like Tinder...but for finding a Lawyer
Here is the description of the episode that Chat GPT came up with when I asked it to read the transcript:
Dive into the dynamic world of human resources and employment law with a compelling podcast for HR professionals, legal advisors, and business leaders. In this insightful episode, hosts Ryan Ellis and Arta Wildeboer, seasoned experts in the field, navigate through the complexities of corporate legalities and HR nuances.
Decoding Company-Counsel Relationships: Unravel the intricate relationship between companies and their legal counsel. The discussion provides a deep dive into the roles of general and outside counsel, highlighting how these key players collaborate to steer companies through legal challenges.
Mastering Employee Termination: Learn strategies to mitigate litigation risks associated with employee termination. The hosts emphasize the importance of empathy and effective communication, offering valuable tips for handling sensitive dismissals with professionalism.
HR's Decision-Making Boundaries: Explore the critical role of HR in organizational dynamics. Ryan and Arta discuss the importance of adhering to one’s designated role in HR, emphasizing the necessity of confidentiality and the perils of overstepping boundaries.
Real-World HR Advice from Online Communities: Engage with thought-provoking HR advice sourced from online discussions. The hosts analyze and add their expert insights to these community-driven tips, providing listeners with practical, actionable HR solutions.
Understanding the Psychology Behind Lawsuits: Delve into the emotional drivers that lead employees to pursue legal action against employers. This segment offers a deeper understanding of the legal system's limitations in resolving emotional disputes.
The Art of Acknowledging Mistakes: Embrace the importance of acknowledging and learning from errors in the legal and HR spheres. The hosts advocate for transparency and honesty in the face of mistakes, underscoring how these qualities foster trust and integrity within an organization.
Targeted at HR and legal professionals, as well as business leaders seeking to enhance their knowledge, this podcast episode is a treasure trove of expertise. Whether you’re fine-tuning your HR strategies or navigating the legal landscape of your organization, "HR and Legal Strategies: Unveiling the Insider Playbook" is your guide to mastering the art of managing people and legalities in the corporate world. Tune in for an enriching experience that combines professional wisdom with real-life applications.
Let's Talk About SEX....ual Harassment in the Workplace
Embark on a journey through the complex world of workplace sexual harassment with attorneys Ryan Ellis and Arta Wildeboer as our guides. Today's episode tackles a real-life scenario straight from Reddit, revealing the murky waters employees and HR departments must navigate when allegations arise.
Delve into the legal definitions and boundary lines of what constitutes harassment in California. Discover how response strategies and investigations can make or break both the accuser's case and the company's liability. This conversation is a must-listen for understanding the intricacies of protecting employees and preserving a company's integrity in the face of harrowing claims.
Sometimes, the actions of an HR department can seem as enigmatic as the legal principles that govern them. We unravel these mysteries, scrutinizing the role of witness perspectives and the "reasonable person" standard in assessing the severity of harassment claims.
Ryan Ellis lends his expertise on the balance between conducting a fair investigation and managing the potential fallout for both the accused and the accuser. This episode will arm you with knowledge about the strategic decisions behind employment claims, from the preference for phone calls over emails to the nuanced approaches attorneys consider when advising their clients on the battlefield of employment law.
Finally, we navigate the strategic considerations that come into play during litigation, with a special focus on the defense versus plaintiff attorney roles. Weigh the pros and cons of demand letters and lawsuits, and understand the financial and ethical implications that each side must grapple with.
And in the age of COVID-19, learn how the pandemic has tipped the scales in legal proceedings. Whether you're an HR professional, an employee, or just an avid learner, this episode will equip you with a keener sense of the legal landscape and the critical decisions that shape the outcomes of employment law cases.
Prepare to steer through California's legal maelstrom with us, Arta Wildebore and Ryan Ellis, as we dissect the seismic shifts in employment law hitting in 2024. This episode promises a dual-perspective deep-dive into the intricacies of arbitration enforcement laws. Businesses are under the microscope, and we're here to guide HR professionals with strategies to avoid the snares of wage and hour disputes—think of it as your litigation life vest.
Venture into the heart of employment litigation with a candid discussion on the clogged veins of our court system. We shed light on the economic tug-of-war between settling and fighting employment claims, offering valuable battle tactics for employers and a critical look at how justice is often constrained by time-limited trials and statutory penalties. This episode is an essential play for those looking to grasp the strategic decisions that shape the future of employment law.
Finally, we tackle the thorny issues of insubordination, remote dismissals, and the art of terminating with tact. Learn how to navigate choppy waters when dealing with disruptive employees and discover the blueprint for executing tough decisions with a professional edge. Your takeaway? A reinforced need for solid policies and meticulous documentation, helping you sidestep a world of legal strife. Join us for an episode rich with practical tips and legal savvy to fortify your business against the storms ahead.
In episode 2, we delve deeper into the evolving and increasingly complex role of HR, as it has transformed into an entity responsible for a wide range of tasks that it shouldn't be doing. HR has taken on quasi-legal responsibilities, such as managing vendor contracts and handling employment law matters. We examine the challenges and consequences of this shift in HR's responsibilities and it can create legal exposure for a company.
Part 2 delves further into what the proper role of HR should be.
In Part 3 we introduce our newest segment "Would You Take the Case?" where Ryan and Arta discuss a Reddit post that we won't be able to find the link to.
In our inaugural episode, Ryan and Arta delve into their viewpoints regarding the optimal duties of HR within a company. They take a critical look at the common issues faced by many organizations in precisely delineating these roles. Additionally, they explore the concept of "HR is not your friend," shedding light on the increasing skepticism employees often have toward HR.
During the episode, they address a real-life HR dilemma sourced from Reddit, which revolves around workplace bullying.