
From Lawyer to Employer: A Shipman Podcast
By Shipman & Goodwin LLP

From Lawyer to Employer: A Shipman PodcastNov 08, 2023

Season 2, Episode 2: Tackling Difficult Accommodations Under ADA and FMLA
Scenarios that arise for employers under the Americans with Disabilities Act and the Family Medical Leave Act are often complex and without simple solutions. Oftentimes, these situations hinge on a particular fact that might be unusual or unique. In this podcast, we will present a brief overview of the ADA and FMLA, look at some of these scenarios, and answer some frequently asked questions such as:
- Do the federal FMLA qualifying guidelines trump state law?
- Who is considered a “healthcare provider” under these laws?
- What are the notification requirements under the FMLA?
Listen as guest speakers, Keegan Drenosky and Claire Pariano, chat with our host, Dan Schwartz and tackle difficult fact patterns under the ADA and FMLA.

Season 2, Episode 1: Employer Policies After the Stericycle Decision
Listen as guest speaker, Sarah Niemiroski chats with host, Daniel Schwartz about the recent Stericycle Decision from the National Labor Relations Board and the far-reaching impacts this decision has for private-sector employers when creating workplace policies. What’s different about Stericycle as opposed to Boeing? What type of employers does this impact? Should employers review their policies? After listening, head over to our Employment Law blog to continue learning about the Stericycle decision in this recent article.

Understanding the Captive Audience Ban
For 75 years employers, under the National Labor Relations Act, have had the ability to communicate with their employees about what they think are the downfalls of unionization, including using mandatory closed door meetings to accomplish this communication. However, as of July 1, 2022 Connecticut state statute 31-51q which protects free speech for employees was amended to also protect the freedom of association, and the right not to have to be required to listen to certain speech. What does this mean? How does it impact employers? How does it affect conversations around unionization? Listen now to hear guest speaker, Jarad Lucan, chair of the firm's Employment and Labor Practice Group, explain the changes, what it could mean in the future and how it effects employers today.

Separation Agreements: What Employers Need to Know
Tune in as veteran Labor and Employment lawyer Dan Schwartz discusses separation agreements with podcast host, Gabe Jiran. During this episode of ‘Lawyer to Employer’, Dan explains what employers need to know when using separation agreements as part of terminations, resignations, layoffs or reductions in force (RIF). He explores various applications for separation agreements when employers should use them, what employers need to include by law and what they may consider including (or not including). Dan offers suggestions on non-economic and economic incentives for employers to achieve the ultimate goal—the employee’s signature on the separation agreement.

Cannabis in the Workplace: What Employers Need to Know
Cannabis workplace provisions go into effect on July 1, 2022 across the state of Connecticut. As an employer, you might be wondering what this means for your business. Can you prohibit the use of cannabis in the workplace? What is the difference between exempt and non-exempt employers as well as exempt and non- exempt positions? How do these distinctions apply to your company? As you gear up to address these questions, now is the perfect time to ensure your policies are up to date. Tune in to this week’s episode to hear guest speaker, Sarah Westby, co-chair of Shipman’s cannabis practice, share insights and answer your most pressing questions.

Will Connecticut see a wave of new cannabis workers in 2023?
Connecticut’s adult-use licensing process is underway with provisional licenses expected to be awarded this fall, and businesses looking to get up and running by 2023. This creates a host of questions for employers, labor unions, and employees. Where will these workers come from? Will they be unionized? What laws will govern the hiring, working conditions, and rights of cannabis workers? What can employers do now to prepare? This podcast aims to explore some of these key questions.

NLRB Update, Part 2: Significant NLRB Decisions and Their Effect on Employers
In our first episode, NLRB Update, Part 1: Latest Guidance from the General Counsel's Office, host Gabe Jiran was joined by labor and employment lawyer Jarad Lucan for a discussion about the NLRB General Counsel's initiatives for the next four years and what they may mean for employers.
In NLRB Update, Part 2: Significant NLRB Decisions and Their Effect on Employers Gabe and Jarad continue their discussion about recent NLRB decisions that touch on those previously discussed initiatives. Tune in to learn about pending cases that have the potential to change the standards for employers and unions alike.

Bonus Episode: What to Expect at this Year’s Legal Update for the Public Sector
On May 5, 2022, Shipman will host our annual virtual seminar for the public sector. Details here. We have received a few questions about the event and to help answer these burning questions we have recorded this special bonus episode of From Lawyer to Employer: A Shipman Podcast.
Joining our host Gabe Jiran, is school law lawyer and this year’s virtual seminar MC, Jessica Ritter, to provide a brief overview and some key details about what our listeners can expect during this year’s event. With topics ranging from paid and unpaid leave to vendor contracting to indoor air quality to recent developments in data privacy and security, this year’s program will have something for everyone in the public sector. We hope you will join us for our most engaging virtual format yet. Register now!

The Results Are In For The H-1B Cap Lottery... What If I Lost?
In our very first episode, The Scoop on the H-1B Cap Lottery, host Gabe Jiran and Bradley Harper discussed the process and outlined the next steps for employers who wish to enter foreign workers in the H-1B cap lottery registration.
The registration period has come to a close and the results are in! The USCIS has notified the selected registrants and moved on to the next step in the process. As with any lottery, there are winners and losers.
In this episode, Gabe welcomes back Bradley, to discuss the H-1B Visa Cap Lottery results and explore what happens if you or your employee did not get selected to file the actual H-1B Petition. Are there other non-immigration visa options available to you or your employees?

NLRB Update, Part 1: Latest Guidance from the General Counsel’s Office
This is the first episode of a two-part series regarding recent activity at the National Labor Relations Board (NLRB) that will affect employers in the near future. In this episode, host Gabe Jiran will be joined by labor and employment lawyer Jarad Lucan for a conversation about the NLRB’s focus and priorities over the coming years. In particular, the NLRB’s General Counsel has indicated that many decisions issued over the past several years will be revisited, including decisions related to employer policies, union access, and the scope of protected activity. Gabe and Jarad will discuss what this agenda from the NLRB may mean for employers, and how they should prepare themselves now.
Tune in for part 2 of our NLRB update next month.

The Scoop on the H-1B Cap Lottery
Welcome to the first season of From Lawyer to Employer: A Shipman Podcast.
For employers facing staffing challenges due to the labor shortage, the H-1B visa category presents a viable option for employers who wish to add skilled foreign professionals in specialty occupations to their ranks. With a limited number of H-1B visas available, now is the time to prepare.
In our first episode, Shipman’s Employment and Labor group chair, Gabe Jiran, and immigration lawyer Bradley Harper will discuss the H-1B Nonimmigrant Visa and the H-1B Cap Lottery process and outline the next steps for employers who wish to enter foreign workers in the upcoming H-1B Cap lottery registration period, beginning in March.