Point Two L&E Nation: Recent Episodes
Seyfarth Shaw LLP
Point Two L&E Nation is a collection of brief and lively discussions of the biggest issues employers face across a wide range of industries. In each episode, Seyfarth employment lawyers and other leaders deliver insights on current market trends and how they impact employers in 12 minutes or less, or Point Two (two-tenths), of a billable hour. While these episodes may be short on time, they are certainly not short on quality or relevancy.
As artificial intelligence becomes a staple in workplace technology, employers face new challenges around meeting recordings and transcriptions. From automated assistants to AI-generated summaries, these tools promise efficiency, but they also raise complex legal and compliance questions.In this episode, host Karla Grossenbacher and guest Dave Baffa explore the evolving landscape of using AI transcription in the workplace, focusing on policies for recording and transcribing meetings. They discuss consent requirements, privacy laws, litigation risks, and practical steps employers can take to balance convenience with compliance.Read the full transcript here: https://www.seyfarth.com/dir_docs/podcast_transcripts/PointTwo_Workplace-Privacy-Podcast-December-2025.pdf
In this premiere episode, host Karla Grossenbacher is joined by Seyfarth litigator Paul Yovanic for a timely conversation on biometric privacy in the workplace. They discuss the shifting regulatory landscape, including Colorado’s new biometric privacy law going into effect July 1, 2025, and how employers can prepare for evolving compliance obligations, even in states without private rights of action.The conversation dives deep into emerging litigation trends under Illinois’ Biometric Information Privacy Act (BIPA), from the sufficiency of consent to overlooked biometric technologies like driver-facing cameras and voice-activated tools. Whether you're advising on policy or facing potential exposure, this episode is packed with insights for staying ahead of biometric privacy risk.Read the full transcript of this episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/PointTwo_WorkplacePrivacyPodcast_BiometricsPrivacy.pdf
In this timely Point Two episode, Mahsa Aliaskari and Dawn Lurie discuss the latest trends in ICE enforcement actions and what employers need to do to prepare and stay compliant. The government’s initial focus on removal work has now broadened to include worksite visits and I-9 inspections as ICE intensifies efforts “safeguard communities.”Mahsa and Dawn offer practical guidance on developing a strategic response plan for ICE visits, balancing cooperation with protecting your business. They also introduce the Seyfarth ICE Rapid Response Task Force, an exclusive resource for Seyfarth clients, providing a 24-hour hotline and email contact for urgent situations.Planning ahead is key — join Mahsa and Dawn to learn how to proactively safeguard your workplace against ICE enforcement actions.
In this episode of the Point Two podcast, Seyfarth Partners Christopher Crosman and Michael Afar discuss top developments in PAGA cases, increases in filings in PAGA only actions, and the upcoming ballot initiative to repeal PAGA as a whole. Christopher and Michael are both Editors in Chief for Litigating California Wage & Hour Class and PAGA Actions eBook. The 23rd edition of this publication is now available to read here. Additionally, you can view the webinar recording that reviews the top legal developments and wage and hour trends in the Golden State, from an employer-side perspective. In addition to our eBook, check out the PAGA Paraphrased series where Seyfarth’s Wage Hour Litigation practice group analyze recent PAGA claims.
Over the past several years, the Equal Employment Opportunity Commission has stepped up enforcement aimed at protecting young workers in low wage jobs from sexual harassment, discrimination, and retaliation. In 2022, EEOC Vice Chair Jocelyn Samuels spoke out about EEOC’s efforts to reach teenagers, who “aren’t aware of their rights, and are particularly subject to harassment and other forms of discrimination at work.” In January 2023, the EEOC published a draft of its Strategic Enforcement Plan for Fiscal Years 2023-2027, which emphasized the EEOC’s focus on “vulnerable and underserved workers,” including seasonal and temporary workers in lower wage jobs, and among other areas. In this two-part episode, Seyfarth Partners Rob Szyba and Andrew Scroggins discuss EEOC leadership, its enforcement actions and trends in recent years, and the potential implications for employers in the amusement and attractions industries, as well as ideas for ways those employers can stay out of the EEOC’s crosshairs.
Over the past several years, the Equal Employment Opportunity Commission has stepped up enforcement aimed at protecting young workers in low wage jobs from sexual harassment, discrimination, and retaliation. In 2022, EEOC Vice Chair Jocelyn Samuels spoke out about EEOC’s efforts to reach teenagers, who “aren’t aware of their rights, and are particularly subject to harassment and other forms of discrimination at work.” In January 2023, the EEOC published a draft of its Strategic Enforcement Plan for Fiscal Years 2023-2027, which emphasized the EEOC’s focus on “vulnerable and underserved workers,” including seasonal and temporary workers in lower wage jobs, and among other areas. In this two-part episode, Seyfarth Partners Rob Szyba and Andrew Scroggins discuss EEOC leadership, its enforcement actions and trends in recent years, and the potential implications for employers in the amusement and attractions industries, as well as ideas for ways those employers can stay out of the EEOC’s crosshairs.
The wave of pay transparency laws is growing. The Westchester County, New York and the City of Ithaca are the two newest jurisdictions in the State of New York to require the disclosure of the salary or hourly wage in a job posting for the respective position. Join Rob Szyba and Maria Papasevastos as they parse through these two ordinances, discuss the effective dates and the timing of compliance, and draw comparisons to the other laws requiring pay transparency.
Earlier this year, New York City caught the attention of many employers who have employees in New York City by passing a law requiring pay transparency in job postings. Specifically, the law required that every time an employer would advertise a job, promotion, or transfer opportunity, the job posting must include the minimum and maximum salary for the position. On May 12, 2022 -- three days before the law was scheduled to go into effect -- New York City Mayor Adams signed into law an amendment that made significant changes to the law, such as pushing back the effective date to November 1, 2022. Join Rob Szyba and Maria Papasevastos as they discuss the various other revisions to the law, as well as their thoughts on compliance for employers.
In a recent trend of significance to many employers, jurisdictions across the country have focused on pay transparency as a tool to further support pay equality principles. Jersey City, New Jersey joins the growing list of jurisdictions that have recently passed wage range disclosure laws that will require information regarding compensation and benefits in job postings. Join Rob Szyba and Maria Papasevastos as they parse through the text of the Jersey City, NJ requirements. Together they will discuss which employers might be covered, the information that must be disclosed, timing issues and other key compliance requirements.
On March 22, 2022, the New York City Commission on Human Rights released a Fact Sheet providing guidance to employers on Salary Transparency in Job Advertisements under New York City’s new law going into effect on May 15, 2022. Seyfarth Partner Rob Szyba leads a discussion with Katherine Greenberg, Special Counsel for the New York City Commission on Human Rights, to gain further clarification of what constitutes a “salary” for purposes of such disclosure, certain jurisdictional questions in the context of remote positions, and whether such salary disclosure itself constitutes age discrimination.
In part five of the series, Jerry outlines the ways in which workplace arbitration programs continued to have a profound impact on workplace class action litigation in 2021. Jerry discusses how these programs influenced the nature of class action litigation filed and shifted the types of claims and what to expect in 2022.
In part four of the series, Jerry analyzes the significant impact of COVID-19 on all aspects of life in 2021, including the legal system in general and workplace class action litigation in particular. Here Jerry explains how COVID-19 changed the class action world in 2021 and what lies ahead for 2022.
In part three of the series, Jerry details how government enforcement litigation shifted in 2021, with changes representing a significant shift in philosophy and practice. Jerry explains what occurred in the government enforcement world last year and what is apt to happen in 2022.
In part two of the series, Jerry focuses on the success factor of the plaintiffs' bar in class certification rulings in 2021. Jerry discusses how wage and hour litigation remained a sweet-spot for the plaintiffs' class action bar in 2021 and what that means for employers in 2022.
In our first episode, Jerry discusses how in 2021, the aggregate monetary value of workplace class action settlements exploded to an all-time high, as plaintiffs' lawyers and government enforcement agencies monetarized their claims at the highest values we have ever tracked.
Many employers and commentators alike expected the pandemic to depress the size and pace of settlements. Instead, the numbers show that the plaintiffs' bar was successful in converting case filings into significant settlement numbers at higher levels during the pandemic than in any of the preceding years.
To discipline or not to discipline. That is normally a challenging question for many managers, but this question takes on a life-or-death magnitude for employers who are going through a national talent shortage. Join Rob Szyba, Partner at Seyfarth, and Renada M. Williams, Associate General Counsel of The Vitamin Shoppe, in a discussion regarding the impact that talent shortages have had on businesses, the dilemma many managers face when disciplining employees at the risk of losing staff during a talent shortage, and considerations of the various consequences of performance evaluations that may not be immediately obvious.
Employers seeking to hire employees are facing increasing levels of regulation and restriction as to recruiting and hiring practices, and New York City is on the forefront of such regulations. As of May 15, 2022, New York City law will require that employers disclose salary information in job advertisements that are posted for open positions. Rob Szyba, Maria Papasevastos, and Kristie Iacopetta discuss some of the policy considerations driving this new requirement, national trends of similar laws being passed in other jurisdictions, as well as some of the nuances of New York City’s requirements as to what is falls within the law’s definition of a “salary” and which employers are impacted by these requirements.
The New York City Fair Chance Act is one of the most restrictive and complex local laws regulating when and how employers can use criminal history generally and perform criminal background checks on their job applicants and employees. In addition to requiring that criminal history not be mentioned or obtained until after a conditional offer of employment, the law contemplates that employers perform a criminal background check separate from all non-criminal information. In this podcast, we discuss recent amendments to the Fair Chance Act, the nuances of the timing requirements, considerations employers need to contemplate relating to a bifurcated background check process, and some of the practical implications and challenges that exist under the law’s framework.
Food and beverage employers have been struggling with talent shortages, the “great resignation,” and new challenges with compensation and retention. But these challenges do not exist in a vacuum, and oftentimes have a ripple effect that touches on a variety of other legal issues. In this podcast, we discuss a variety of ways that pay equity issues have been implicated as the industry has evolved to keep pace and stay ahead of the curve.
When employers across America face a labor or employment law issue on the Left Coast, a phrase they often hear is, “California it’s different.”
For better or worse, California is different. California is also important, as the nation’s most populous state, the world’s fifth-largest economy, and a notorious trend-setter in employment law. And California’s influence is not limited to just its sister states.
For the last 20+ years, Seyfarth's California Peculiarities publication has provided employers in-depth analysis on just what makes California labor and employment law so peculiar. Behind this extraordinary publication is David Kadue, a partner in Seyfarth’s Los Angeles Century City office. For over two decades, David has been the inspiration and architect behind “Cal Pecs” and has been tireless in his efforts to bring to light the most vexing and peculiar aspects of California employment law, helping guide clients and attorneys through the complex legal landscape with light and humor.
In this episode of the Point Two podcast, Seyfarth partner Chelsea Mesa sits down for a one-on-one discussion with David to learn about the history of the resource, some of the more memorable moments in the publication's history, and how our Golden State expert feels about leaving the publication behind as he moves into retirement.
A conversation with Chelsea Mesa and Ben Conley about leave alternatives, avoiding employee burnout, and the creative ways employers are tackling employees’ need to reset and recharge. Inspired by the controversial concept of “me-ternity” or “child-free leave,” join us for this two part series in which we explore the impact of pandemic lockdowns and general “burnout” on employee morale--and what employers can do about it--as well as the latest trends for addressing employee demands for greater flexibility and time to truly get away.
A conversation with Chelsea Mesa and Ben Conley about leave alternatives, avoiding employee burnout, and the creative ways employers are tackling employees’ need to reset and recharge. Inspired by the controversial concept of “me-ternity” or “child-free leave,” join us for this two part series in which we explore the impact of pandemic lockdowns and general “burnout” on employee morale--and what employers can do about it--as well as the latest trends for addressing employee demands for greater flexibility and time to truly get away.
If some people opt-out of brain implants for religious, medical, or personal reasons, will non-implanted employees struggle to keep up with their “super human” enhanced counterparts in the workplace? Seyfarth Partner Christina Meddin discusses how “non-implanted status” could eventually be a disability under the Americans With Disabilities Act, prohibiting employers from discriminating against employees without implants and requiring employers to offer workplace accommodations to non-implanted employees.
Seyfarth Partner Christopher DeGroff discusses existing laws that prohibit employers from mandating that employees implant themselves with certain microchip technology. Chris offers insight into how laws like Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act may evolve, or entirely new laws may be enacted, to address brain implant technology in the workplace.
Neuroscientist Graeme Moffat discusses the conceivable future of brain implant technology, including the possibility that such technology may allow people to achieve super-human cognition, resulting in potential performance disparities in the workplace between implanted and non-implanted employees.
Neuroscientist Graeme Moffat discusses the current state of invasive and non-invasive computer-brain interface technology and how it is currently being used in workplaces.
In this episode, Gerald L. Maatman, Jr. explores the trend of government enforcement litigation slowing considerably. Although the value of government enforcement settlements went up, agencies like the EEOC downsized their litigation enforcement programs and brought fewer lawsuits in 2020 than in any year of the past decade. Most significant for employers, during the past year, the EEOC undertook multiple initiatives that reflected a shift away from systemic litigation as a priority.
In this episode, Gerald L. Maatman, Jr. explores how, somewhat counter-intuitively, the aggregate monetary value of workplace class action settlements increased in 2020, as settlement numbers went up and plaintiffs’ lawyers and government enforcement actions monetarized their claims at higher rates. Many employers and commentators alike expected the pandemic to depress the size and pace of settlements in the new “cash is king” approach to the business cycle. Instead, workplace class action litigation defied the odds.
In this episode, Gerald L. Maatman, Jr. discusses how the data and analysis from workplace class action rulings, case filings, and settlements showed that change is the new normal in 2020-2021. As many pro-business precedents continued to roll out and take hold in 2020, voters elected to turn the White House from red to blue and, as a result, likely precipitated changes in numerous areas that will expand worker rights. Along with changes in the arbitration landscape, the shift in Administrations is likely to bring increased regulation of businesses, renewed enforcement efforts, and policy changes at the agency level that will result in efforts to abandon or overturn pro-business rules of the Trump Administration.
In this episode, Gerald L. Maatman, Jr. explores how the COVID-19 pandemic had a significant impact on the legal system in general and workplace class actions in particular in 2020. The pandemic spiked class actions (of all varieties) and litigation over all types of workplace issues. As the pandemic took hold, the plaintiffs’ bar retooled their class action theories to match. Employers are apt to see these workplace class actions expand and morph as businesses restart operations in the wake of COVID-19.