Employee Survival Guide® – Details, episodes & analysis

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This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

What if the future of workplace dynamics hinges on a single legal battle? This episode unpacks the groundbreaking case of former NFL player Teyo Johnson's lawsuit against EveryRealm and its CEO, Janine Yorio, centered around allegations of sexual harassment and a controversial "KYP game." As we navigate this complex legal landscape, we highlight the transformative Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which empowers employees to sidestep mandatory arbitration and take their claims to court. This pivotal shift could redefine how companies address workplace harassment, ushering in a new era of accountability and employee empowerment.

We explore the significance of understanding employment contracts and the invaluable role of meticulous documentation when facing harassment or discrimination. Johnson's experience serves as a crucial reminder of the enduring importance of respect, fairness, and accountability, even in the rapidly evolving metaverse work environment. By examining how laws like Title VII and the New York City Human Rights Law are applied, this conversation sheds light on the evolving legal system that supports employees more than ever. Join us as we discuss how Johnson's case could reshape power dynamics in workplaces and encourage companies to take proactive steps against harassment.

Click here to read the case decision in Teyo v. Everyrealm 22 civ 6669 (SDNY Oct. 6 2022).

This episode involves the Johnson v. Everyrealm, Inc. case, where a former employee sued his employer and executives for race and pay discrimination, sexual harassment, and retaliation. The employer sought to compel arbitration based on an employment agreement, but the employee argued that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2021 prevented this. The court ruled that the employee's sexual harassment claims, plausibly alleging unwanted gender-based conduct in New York City, were sufficient to invoke the EFAA. Consequently, the court denied the employer's motion to compel arbitration, allowing the entire case to proceed. The court's decision hinged on interpreting the EFAA's scope to encompass the entire case, not just the sexual harassment claims.

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.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!

What if a groundbreaking law could redefine how we handle sexual harassment claims in the workplace? Join us as we unravel the gripping case of Olivieri v. Stiefel, a corporate drama wrapped in legal intrigue and power struggles. Patricia Olivieri, a former client services associate, is not just fighting against alleged sexual harassment but is also challenging the constraints of her prior arbitration agreement, thanks to the new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Discover how this pivotal legislation might enable her to bypass arbitration and take her allegations of misconduct and retaliation straight to court, setting a legal precedent that could impact corporate accountability across the nation.

In this episode, we dive deep into the allegations against Olivieri's manager, Neil Eiler, whose inappropriate behavior pushed Olivieri to her limits. From graphic discussions to unwanted physical contact, her journey through reporting and retaliation reveals a complex narrative of workplace harassment. As Stiefel's internal investigation unfolds, led by HR's Zach Anderson, we explore the nuances of legal accrual and the implications of the EFAA on Olivieri's case, especially after her return from maternity leave. This episode promises to shed light on how these developments could transform workplace harassment litigation, exposing the tensions and tactics within corporate walls.

Click here to read the case decision Olivieri v. Stifel, Nicolaus & Co. 112 F.4th 74 (2d Cir. 2024)

The Second Circuit Court of Appeals affirmed a lower court's decision in Olivieri v. Stifel, rejecting the defendants' motion to compel arbitration. The case centers on whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) applies to the plaintiff's claims of retaliatory hostile work environment. The court determined that the plaintiff's claims, which accrued after the EFAA's enactment due to the continuing violation doctrine, fall under the EFAA's purview, thus rendering the arbitration agreement unenforceable. The court addressed and rejected arguments concerning the EFAA's retroactive application and the definition of "sexual harassment dispute." The ruling confirms the plaintiff's right to pursue her case in federal court.

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.

Disclaimer: For educational use only, not intended to be legal advice.

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Prepare to be liberated from the shackles of non-compete agreements! This episode peels back the layers of the Federal Trade Commission's revolutionary ban that's set to empower approximately 30 million workers by September 4, 2024. We're not just talking about the end of these restrictive agreements—get ready to explore the strategic legal chess game that's unfolding as the U.S. Chamber of Commerce gears up for a significant challenge. With high-stakes implications for labor mobility and innovation, we dissect the rule's nuances, its special provisions for top executives, and concrete steps for employers to stay compliant.

Shift the balance of power back into your hands as we unravel the ineffectiveness of non-competes for most employees and the bolstered protection non-disclosure agreements and trade secret laws provide without overextending. You'll gain insights into the FTC's anticipatory moves to secure favorable legal grounds and the anticipated decrease in litigation for workers wishing to advance their careers unimpeded. This episode isn't just a discussion; it's a clarion call for employees to navigate the new employment landscape with confidence.

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.

Disclaimer: For educational use only, not intended to be legal advice.

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Discover the legal game-changer that's levelling the playing field for employees in our latest episode, where we unpack the monumental Supreme Court decision in Muldrow v. City of St. Louis, Missouri. Celebrate with us the unanimous ruling that revamps the burden of proof on workplace discrimination, shifting from "significant harm" to just "some harm." This landmark case swings open the doors for employees to challenge discriminatory acts without the daunting task of proving extensive damage to their careers. Tune in to understand how this pivotal adjustment can potentially alter every facet of employment law, and arm employees across all sectors with a more potent weapon against workplace injustice.

Peek behind the curtain of the Supreme Court with us to decode the implications of Justice Kagan's strategic opinion writing, suggesting a more nuanced internal negotiation process than meets the eye. This episode doesn't just reveal the mechanics of court politics, but it also signals a transformative moment for employee rights in the dynamic landscape of modern work relations. We shed light on the importance of such legal advancements, supporting employees in an employment atmosphere that is often skewed against them. Join us for a compelling discourse on how this judicial shift promises a fairer fight for justice in the workplace.

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.

Disclaimer: For educational use only, not intended to be legal advice.

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Could the very tools designed to enhance our productivity in the workplace be silently shaping a future of bias and invasion of privacy? Join me, Mark, as we delve into the profound impact AI is having on employment, from the boardroom to the break room. Along with insights from industry consultants, we unpack the transformative effects on hiring practices, highlighting the unseen biases lurking within AI algorithms. We confront the unsettling reality of how these systems could perpetuate discrimination and examine their role in employee surveillance, questioning the trade-off between efficiency and ethical practice.

In a world where AI's judgment can influence your career trajectory, understanding its reach into performance evaluations and mental health assessments is crucial. Our discussion traverses the spectrum from the benefits of AI, such as personalized support and early symptom detection for mental well-being, to the darker side of increased scrutiny and emotional surveillance. We dissect the delicate balance between leveraging AI for good while safeguarding against its potential to exacerbate workplace stress and breach the sanctity of personal data.

Finally, we grapple with the complex relationship between trust and technology as AI surveillance becomes an unwelcome fixture in our professional lives. I emphasize the pressing need for self-awareness and proactive measures in protecting our digital footprints from prying algorithmic eyes. The responsibility to navigate these murky waters lies not only with employers and regulators but with each of us as individuals. As we sign off, I urge you to stay vigilant and informed, for the AI-driven workplace is not a distant future—it's here, and its implications are profound.

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.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Disclaimer: For educational use only, not intended to be legal advice.

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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.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

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.

Disclaimer: For educational use only, not intended to be legal advice.

Comment on the Show by Sending Mark a Text Message.

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.

Disclaimer: For educational use only, not intended to be legal advice.