Workplace Wake-Up with Jen Shaw: Recent Episodes
Shaw Law Group, PC
In this episode, Jen and Shaw Law Group attorney Dilpreet Mayall discuss the labor relations fundamentals that every new professional should learn—and experienced practitioners should never overlook. They explain why the National Labor Relations Act matters even in non-union workplaces, discuss the importance of recognizing protected concerted activity, and share practical guidance on documentation, contract administration, front-line leader training, and maintaining productive relationships with union representatives. Throughout the discussion, they highlight common mistakes that create unnecessary legal risk and offer practical strategies employers can implement right away.
In this episode, Jen explains why good documentation is one of an employer's most valuable risk management tools. She discusses why otherwise defensible employment decisions can unravel because of poor documentation, shares practical tips for creating clear and credible records, and highlights the common documentation mistakes that create unnecessary legal exposure.
In this episode, Jen discusses why an employer's response during the first 24 hours after receiving a workplace complaint often determines whether the issue is resolved—or becomes litigation. She explains the immediate steps HR professionals and leaders should take when concerns are raised, including preserving evidence, preventing retaliation, communicating appropriately, and deciding when a formal investigation is necessary.
Arbitration continues to be one of the most important, and most misunderstood, decisions California employers can make when it comes to resolving workplace disputes. In this episode, Jen is joined by employment law attorney and EmployersLawyer co-founder Joe Beachboard to discuss how the legal landscape has changed and why employers should take a fresh look at their arbitration strategy. They examine the potential benefits and drawbacks of arbitration, including cost, efficiency, confidentiality, employee relations, and litigation risk, while offering practical guidance to help employers determine whether arbitration is the right fit for their organization.
In this episode, Jen discusses one of the most misunderstood areas of California employment law: English-only workplace rules. She examines when employers may regulate language in the workplace, common situations involving multilingual employees, recent enforcement developments, and practical strategies for addressing communication concerns without creating unnecessary legal risk.
In this episode, Jen discusses why California's workplace violence prevention law requires far more than a written plan. She examines the mistakes employers continue to make, the warning signs leaders should never ignore, and practical steps to build a safer workplace while satisfying California's ongoing compliance requirements. Whether you've already implemented a Workplace Violence Prevention Plan or are taking another look at your program, this episode will help you move beyond simply checking the box.
Workplace defamation claims can arise from termination explanations, reference checks, investigation interviews, complaints, and manager comments. In this episode, Jen explains where the risks come up, how California’s new Civil Code section 47.1 affects the analysis, and how employers can communicate carefully without creating unnecessary liability.
Political discussions at work can quickly create risk for California employers. In this episode, Jen discusses voting leave, political activity protections, off-duty conduct, workplace speech, dress codes, retaliation risks, and practical strategies for keeping the workplace professional and compliant.
Not every resignation ends the story. In this episode, Jen explains how ignored complaints, retaliation concerns, intolerable working conditions, and poor documentation can turn a resignation into a constructive discharge claim — and what California employers can do to reduce risk before an employee walks out and sues.
Associational discrimination claims arise from an employee’s relationship with someone else — such as a family member, spouse, friend, or caregiver connection. In this episode, Jen and Joe Beachboard discuss where California employers commonly get into trouble and how to reduce risk when workplace decisions involve an employee’s association with another person.
In this episode, Jen tackles one of the most debated employer practices: providing references. She outlines the legal guardrails, the moments where well-intentioned disclosures create exposure, and the strategic choices employers make between saying nothing and saying too much. The focus is on building a consistent, disciplined approach that protects the organization while still meeting business needs.
When harassment allegations involve customers, vendors, contractors, patients, or other nonemployees, employers often face difficult questions: Do we have to investigate? What corrective action is enough? And how does California law differ from federal standards? In this episode, Jen and Joe Beachboard discuss third-party harassment claims, investigation challenges, employer obligations, and practical steps California employers should take to reduce risk when the alleged harasser does not work for the organization.
In this episode, Jen explains what California law requires when employees use personal cell phones for work and why employers still get it wrong, especially with remote and hybrid teams. She covers where compliance fails, how liability adds up, and the practical, defensible approaches that actually work, including stipends, reimbursements, and policy language that holds up.
Last chance agreements are one of the most effective tools employers have when used correctly. Done right, they create clarity, set expectations, and provide a defensible path forward. Done poorly, they create confusion and risk. In this episode, Jen breaks down when to use last chance agreements, what they should include, and how to structure them so they actually work.
In this episode, Jen and Joe Beachboard break down one of the most important California retaliation decisions in recent years, Contreras v. Green Thumb Produce. The court made clear in that case that even legally “incorrect” complaints can be protected—and changes the risk calculus for every employer.
Workplace investigations often happen under pressure—tight timelines, high emotions, and real risk. In this episode, Jen focuses on how to structure investigations that are defensible, fair, and practical, even when the stakes are high.
AI is changing how employees raise concerns—and not always for the better. Complaints are getting longer, more legalistic, and sometimes less grounded in actual facts. In this episode, Jen discusses what this trend means for employers and how to respond without overreacting.
Bereavement leave feels human—but California law makes it highly technical. In this episode, Jen walks through what’s actually required, where employers unintentionally get it wrong, and why good intentions won’t protect you from liability.
Providing references sounds simple—but in California, it’s anything but. In this episode, Jen breaks down what the law actually protects, where employers get into trouble, and how to strike the right balance between helping former employees and protecting your organization. Done right, references don’t have to be risky.
An applicant’s background check shows an arrest or pending charge. What can you ask? What can you consider? And when does the Fair Chance Act apply? In this episode, Jen gives employers a clear, practical framework for navigating arrests and pending charges without violating California law — or creating unnecessary reputational risk.
Think your payroll provider has wage-and-hour covered? Think again. From regular rate miscalculations to meal period premium errors and bonus mistakes, the most common violations are hiding in plain sight. In this episode, Jen walks through the technical payroll-related traps that still trip up California employers — and how to fix them before they cost you.
Training repayment agreements, claw-back provisions, and “stay bonuses” are under serious scrutiny in California. What looks like a smart retention strategy may actually be an unlawful penalty. In this episode, Jen breaks down what California now considers an illegal stay-or-pay agreement, where employers are crossing the line, and how to audit your existing contracts before a plaintiff’s lawyer does.
Most employment cases don’t start with a complaint — they start with culture. In this episode, Jen and Joe Beachboard dig into the foundational elements that determine whether an organization stays out of court: workplace culture, clear policies and procedures, consistent enforcement mechanisms, and leadership that understands when to escalate risk.
Learn why litigation prevention isn’t about reacting faster — it’s about building systems that make better decisions inevitable. Because court is rarely the result of one bad moment. It’s the result of structure — or the lack of it.
Most employment lawsuits don’t start with a policy — they start with a manager’s off-the-cuff decision. In this episode, Jen discusses how well-intentioned leaders unknowingly create legal risk through inconsistency, over-sharing, and poor documentation. This is a practical conversation for HR pros who are tired of cleaning up preventable messes and want leaders to understand their real role in risk management.
In this episode, Joe Beachboard and Jen dig into the top 10 takeaways from the EmployersLawyer webinar, Confidential California Employer Update: New Laws and Key Cases for 2026—and what they actually mean for California employers.
News out of Minneapolis has reignited intense workplace conversations across the country — including in California. In this episode, Jen explains what California employers should and shouldn’t do when national events spark heated discussions at work, and how to manage free expression, safety, and harassment concerns without creating legal risk.
A Los Angeles jury just sent Liberty Mutual Insurance a $103 million message—and it’s this: the numbers matter. Workforce statistics, age patterns, and data trends played a starring role in findings of age discrimination, harassment, and retaliation. In this episode, Joe Beachboard, co-founder of EmployersLawyer, joins Jen to unpack how the data—not just bad emails or rogue managers—helped fuel one of the largest age-discrimination verdicts in U.S. history, and what employers should take away from it.
An outdated employee handbook is one of the easiest ways for California employers to create unnecessary legal risk. In this episode, Jen explains why they should be reviewed and updated every year—and how the wrong language can cost employers in litigation. (Click here to participate in the February 11, 2026, complimentary live webinar, “Confidential California Employer Update: New Laws / Key Cases for 2026,” offered by EmployersLawyer.)
California’s leave laws are some of the most employee-and lawsuit-friendly in the country. In this episode, Jen walks through the most common leave scenarios and the best practices for managing them without creating legal exposure. (Click here to participate in the February 11, 2026, complimentary live webinar, “Confidential California Employer Update: New Laws / Key Cases for 2026,” offered by EmployersLawyer.)
Employment law risk doesn’t stand still—especially in California. In this episode, Jen discusses the key trends, enforcement priorities, and litigation risks employers should be watching this year, and how to stay ahead of them. (Click here to participate in the February 11, 2026, complimentary live webinar, “Confidential California Employer Update: New Laws / Key Cases for 2026,” offered by EmployersLawyer.)
In this episode, Jen explains what information employers must include in the new “Know Your Rights” notice and why it may not be the best approach to use the DIR’s template version without tailoring it first.
A new year brings new compliance risks for California employers. In this episode, Jen breaks down the must-know employment law updates and practical steps employers should take right now to start the year protected - and avoid costly mistakes.
Employers who ignore wage judgments will face sharp consequences starting January 1, 2026 — including mandatory attorneys’ fees and triple the amount owed. Jen explains the new enforcement framework and what HR and payroll leaders can do now to prevent costly exposure.
Employers covered by Cal-WARN must now include new information in layoff and closure notices — including access to workforce development and food-assistance programs. Jen details what changed, who’s covered, and how to avoid a compliance crisis during a downsizing.
Pay equity is getting a major upgrade in 2026. SB 642 redefines “wages,” extends protections to non-binary employees, and tightens job-posting rules. Jen explains how these changes expand employer liability — and how to prepare your pay data before the March reporting deadline.
“Stay-or-pay” agreements — where employees must repay training or bonuses if they leave — are now off-limits in California (with narrow exceptions). Jen explains what counts as a prohibited repayment clause, how this law changes contract drafting, and what to do before January 1.
Starting January 1, 2026, all California employers must issue a new annual written notice to every employee explaining key workplace rights — from workers’ compensation to union activity protections and immigration inspection procedures. The DLSE will release a model notice, but employers can’t wait to act. This episode breaks down what’s required, what to include, and how to stay penalty-free.
As we head into annual performance review season, Jen explains how to make reviews meaningful, defensible, and fair. Learn how to coach managers to give honest, consistent feedback and avoid documentation pitfalls that lead to litigation.
In this episode, Jen focuses on California’s SB 553 requirements for workplace violence prevention plans, training, and recordkeeping. She offers a clear roadmap for HR and compliance teams still working to meet the new standards.
In this episode, Jen unpacks the challenges of managing political discussions and expression in the workplace ahead of the 2026 election. Listeners will learn about SB 399, free speech boundaries, and practical ways to maintain civility and neutrality.
In this episode, Jen unpacks the challenges of managing political discussions and expression in the workplace ahead of the 2026 election. Listeners will learn about SB 399, free speech boundaries, and practical ways to maintain civility and neutrality.
Paid sick leave and family leave laws in California continue to expand at a rapid pace. In this episode, Jen reviews the latest changes to the Healthy Workplaces, Healthy Families Act (expanded sick leave accrual and usage), the California Family Rights Act’s broadened definition of “designated person,” and updates to Paid Family Leave benefits.
California continues to lead the nation in pay equity enforcement, and new requirements are reshaping employer obligations. In this episode, Jen breaks down SB 1162 and other recent legislation requiring employers to post pay scales in job ads, disclose pay ranges internally, and file detailed pay data reports with the state.
California’s off-duty cannabis use protections continue to evolve, and employers are scrambling to update policies. In this episode, Jen breaks down recent legislation, including AB 2188 and SB 700, which restrict the use of certain drug tests and prohibit adverse action based on lawful off-duty cannabis use.
In this episode, Jen unpacks the latest EEOC guidance on telework as a reasonable accommodation for disabilities and religious beliefs—and what it means for California employers.
In this episode, Jen and fellow Shaw Law Group attorney and Title IX expert Katherine Guilford discuss Title IX investigations and the best practices for interviewing students in K-12 schools.
Retaliation claims now top the EEOC’s charge list, and California employers are no exception. Why are these claims on the rise, and what everyday employer decisions trigger risk? Jen explains the trends, the traps, and the tools HR needs to prevent retaliation while still enforcing accountability.
High-stakes investigations—harassment, retaliation, fraud, or safety concerns—are where credibility and process matter most. Jen shares strategies for handling tough interviews, assessing credibility, documenting defensibly, and keeping investigations fair and trauma-informed, even under pressure.
Workplace romances, social media posts, and conflicts of interest—what happens when personal choices spill into the workplace? Jen explores where the legal lines are drawn, the reputational risks leaders often overlook, and how employers can set boundaries without damaging trust or morale.
DEI programs are under the microscope. With new DOJ and EEOC guidance, employers are asking: what’s allowed, what’s risky, and how do we keep inclusion alive while staying compliant? In this episode, Jen breaks down the latest federal developments and offers practical ways to balance culture with compliance.
"Good documentation” is often the difference between a defensible termination and a six-figure settlement. But many managers either say too much—or nothing at all. Jen breaks down what to document, how to write it, and when to escalate. Don’t miss this essential refresher on getting it right.
Wage and hour compliance continues to trip up even experienced HR pros—especially in California. From meal periods to bonus calculations, the rules are complex and the penalties are steep. In this episode, Jen highlights the top wage-hour issues that keep employers up at night and how to tackle them before they turn into claims.
Performance reviews can inspire growth—or lead to grievances. If your evaluations are vague, sugar-coated, or inconsistent, you may be setting the stage for a claim. Jen shares practical advice on writing and delivering evaluations that are honest, useful, and defensible.
Some employees are technically doing their jobs—but their behavior poisons the workplace. Whether it’s chronic negativity, resistance to feedback, or outright insubordination, these issues can’t be ignored. In this episode, Jen breaks down how to address bad behavior in a way that’s direct, effective, and legally sound.
Today’s workplace is changing fast—ghosted interviews, Slack snubs, viral firings. But the legal rules? Not so much. In this episode, Jen unpacks how modern behaviors collide with decades-old employment laws, and how employers can modernize their expectations without running afoul of protected activity, bias claims, or wage-hour traps. Consider this your crash course in managing the new workplace without making the old mistakes.
An employee storms out. Another posts a goodbye rant online. Can you respond—or are you walking into a retaliation trap? In this episode, Jen breaks down the legal protections that can apply even after an employee quits, and how to safely document and communicate when emotions are running high. Because the only thing worse than a messy exit is a lawsuit that follows it.
The U.S. Supreme Court’s latest term is sending shockwaves through the workplace. In this episode, Jen walks you through key employment-related rulings—from religious accommodations to free speech challenges—and what they mean for hiring, policies, and workplace culture. You’ll get practical compliance advice with zero legalese. If you don’t have time to read 100 pages of opinions, we’ve got you covered.
Jen has talked about “quiet quitting,” but what’s an employer to do when the work is technically getting done—just with zero initiative, collaboration, or care? In this episode, Jen explores the legal boundaries of managing checked-out employees without crossing into retaliation, disability discrimination, or morale implosion. This one’s for every leader who’s tired of “just enough” effort and wants to raise the bar legally.
Artificial intelligence is everywhere—from resume screening to productivity tracking—but what happens when the tech gets it wrong? In this episode, Jen dives into the legal minefield of algorithmic bias, EEO compliance, and employer liability. She will break down real-world examples, federal and state enforcement trends, and practical tips for vetting your vendors. Spoiler alert: “The algorithm did it” won’t save you.
In this episode, Jen summarizes the most common wage-hour mistakes and reviews the best practices to avoid them.
In this episode, Jen offers some guidance to help retain your best and brightest this summer.
In this episode, Jen reminds California employers about their obligations under SB 553, including providing annual training.
In this episode, Jen explains Governor Newsom’s return-to-office mandate for state employees, which is effective on July 1.
In this episode, Jen discusses a recent California court decision upholding meal period waivers and explains how to make them enforceable.
In this episode, Jen summarizes the Private Attorneys General Act and its role in wage-hour claims.
In this episode, Jen explains the steps you should take when Immigration and Customs Enforcement comes knocking.
In this episode, Jen discusses how to manage employees who refuse to meet performance expectations.
In this episode, Jen discusses why employers should update their EEO compliance training.
In this episode, Jen describes the key steps to conducting a Form I-9 audit and why you should start today.
In this episode, Jen talks about compensation equity and why pay scales never tell the full story.
In this episode, Jen reviews the EEOC’s new guidance regarding “unlawful” DEI programs.
In this episode, Jen provides some best practices for avoiding liability related to leaves of absence and reasonable accommodations.
In this episode, Jen reminds employers why they should not follow the new administration’s termination practices.
In this episode, Jen and Shaw Law Group attorney Kris Lopez bring listeners up to speed on the legal status of DEI programs.
In this episode, Jen reviews the legal protections for California employees’ political activities.
In this episode, Jen helps employers understand how to navigate the new administration’s immigration crackdown.
In this episode, Jen explains the practical implications of the new administration’s executive order on “gender ideology.”
In this episode, Jen discusses the new California law related to time off for crime victims and another mandatory paid sick leave expansion.
In this episode, Jen challenges many of the traditional assumptions about investigation “best practices.”
In this episode, Jen surveys the current state of protections for employees who engage in union activities.
In this episode, Jen suggests several HR resolutions to make 2025 a great year at work!
In this episode, Jen discusses her year-end checklist to ensure you are prepared for 2025.
In this episode, Jen addresses new state pay transparency laws and the complications they create for remote workers.
In this episode, Jen discusses state and national trends regarding employee meetings and union protections, even for non-union workers.
In this Thanksgiving week episode, Jen reminds us about the magic of employee appreciation.
In this episode, Jen explains why you need to be careful administering modified duty programs.
In this episode, Jen and Shaw Law Group policy guru Julia Melnicoe Insel discuss the best practices for drafting employee handbooks and manuals.
In this episode, Jen helps us understand how artificial intelligence is affecting HR professionals and why you must leverage it.
In this episode, Jen explains the term “glossing” and how it contributes to disengagement and dissatisfaction at work.
In this episode Jen examines why so many employers are requiring office etiquette training.
In this episode, Jen provides key guidance on how to handle employees who are in crisis.
In this episode, Jen discusses violence in the workplace and the best practices for prevention.
In this episode, Jen reminds us why compliant policies and procedures are critical to avoiding employment law liability.
In this episode, Jen discusses the pros and cons of reviewing social media as part of the hiring process.
In this episode, Shaw Law Group attorney Brooke Kozak joins Jen to discuss Tik Tok’s impact on the workplace.
In this episode, Jen addresses the meaning of the term “DEI hire,” and why it has no place at work (or anywhere else!).
In this episode, Jen discusses what constitutes “retaliation” under California law, and how to avoid getting sued for it.
In this episode, Jen reminds us why EEO compliance training is not just something to cross off our “to do” list.
In this episode, Jen provides a roadmap for addressing reasonable accommodations requests.
In this episode, Jen addresses the legal requirements applicable to your employees’ itemized wage statements.
In this episode, Jen discusses two bills Governor Newsom signed this week to make PAGA claims easier to defend and not so much of a nightmare for employers!
In this episode, Jen discusses why employers need to care more about complying with applicable wage-hour laws.
In this episode, Jen is joined by Greg Valenza, her former law partner and fellow pink thinker for a discussion of all things employment law. Do not miss this one!
In this episode, Jen analyzes AB 2751, which would require employers to allow employees to “disconnect” during non-work hours.
In this episode, Jen discusses the California Supreme Court’s new decision in Naranjo v. Spectrum Security Services, Inc. regarding Labor Code section 226 penalties.
In this episode, Jen explains “reproductive loss” leave and our obligations as employers.
In this episode, Jen reminds us how to avoid liability when asking applicants about their criminal background.
In this episode, Jen and Shaw Law Group advice attorney Melissa Whitehead explain the best practices for managing employee performance.
In this episode, Jen discusses the EEOC’s new regulations on the federal Pregnant Workers Fairness Act, which are more strict than California law (really!).
In this episode, Jen explains why you cannot have a “rulebook” for handling leaves of absence and accommodations.
In this episode, Jen reminds us why you should always tell the truth when you are terminating an employee.
In this episode, Jen highlights how to determine when it’s time to tell an employee goodbye.
In this episode, Jen reveals the biggest mistakes employers make in conducting investigations.
In this episode, Jen explains California’s mandated reporter law applicable to minors in the workplace.
In this episode, Jen details the most common mistakes employers make in administering leaves of absences and suggests some best practices to help avoid liability.
In this episode, Jen discusses the general concept of workplace ethics, and the different obligations applicable to public officials and board members of publicly traded companies.
In this episode, Jen reminds employers about the new California workplace violence prevention law, Senate Bill 553.
In this episode, Jen reviews the EEOC’s recent settlement of an “associational” discrimination claim and explains the best practices in this area.
In this episode, Jen provides various tools to effectively manage employee leaves of absence.
In this episode, Jen reviews the requirements for EEO compliance training and suggests several ideas to make your sessions more effective.
In this episode, Jen explains the new paid sick leave FAQs issued by the Labor Commissioner.
In this episode, Jen discusses the 10 things you should do in 2024 to avoid employment law liability.
In this episode, Jen explains artificial intelligence and how to effectively leverage it.
In this episode, Jen ponders why so many employees are unhappy these days, and what you can (and should!) do about it.
In this episode, Jen discusses the significant increase in independent contractor classification challenges and how to minimize your potential liability.
In this episode, Jen and one of Shaw Law Group’s favorite employment attorneys, Erika Frank, discuss the potential risks associated with the holidays.
In this episode, Jen and Shaw Law Group’s conflict resolution guru, Julia Melnicoe Insel, discuss why post-investigation mediation is so important.
In this episode, Jen discusses the unique challenges small businesses face and the best practices for staying out of court.
In this episode, Jen reminds us why updating your workplace policies annually is critical to avoiding employment law liability.
In this episode, Jen explains Senate Bill 553, which requires most California employers to create a Workplace Violence Prevention Plan and train their employees at least annually.
In this episode, Jen and Shaw Law Group’s advice attorney Melissa Whitehead discuss California’s new paid sick leave requirements.
In this episode, Jen discusses the challenges of our multi-generational workforce and ideas for bringing everyone together.
In this episode, Jen offers suggestions for asking interview questions that actually help you hire the right person for the job.
In this episode, Jen explains the difference between “fairness” and “equality,” and why it matters.
In this episode, Jen provides practical advice about how to limit the chit-chat during internal investigations.
In this episode, Jen reminds you to choose law-related vendors familiar with California’s many idiosyncrasies.
In this episode, Jen and Shaw Law Group attorney and conflict resolution guru Julia Melnicoe Insel discuss new approaches to resolving conflicts at work.
In this episode, Jen and Shaw Law Group attorney Megan Donaghey examine the varied uses of artificial intelligence in the workplace and the related potential liability.
In this episode, Jen explains the impact of the recent US Supreme Court’s religious accommodation decision in Groff v. Dejoy.
In this episode, Jen considers the relatively recent phenomenon of workplace “praise programs,” and how to use them to your (and your team’s!) advantage.
In this episode, Jen explains the complexities of California’s “Healthy Workplaces, Healthy Families Act” sick leave program and why failure to comply with the rules can result in significant wage-hour liability.
In this episode, Jen and Megan Donaghey, Shaw Law Group’s Form I-9 guru, discuss the new Form I-9 and processes, and the now permanent remote document verification process available to qualified employers.
In this episode, Jen explains a recent California Court of Appeals decision involving whether employers must grant accommodations to vaccine policies.
In this episode, Jen provides a checklist of steps to take when a government agency demands documents and/or access to the worksite.
In this episode, Jen discusses when employers are required to investigate internal complaints.
In this episode, Jen chats with Julia Melnicoe, Shaw Law Group’s DEI expert, about DEI(B) programs and how to drive cultural change in your organization.
In this episode, Jen explains how professional hiring practices generate better candidates.
In this episode, Jen offers some guidance to employers struggling with dress code issues, especially when it gets hot at work.
In this episode, Jen reminds employers about the touchstones of an effective team building event, starting with inclusion.
In this episode, Jen provides insights into how HR professionals can provide advice to their internal clients, but still stay in their HR lane.
In this episode, Jen reminds us what it takes to be a “good” employee, and why employers must effectively address employee behavior issues.
In this episode, Jen discusses how effectively to manage remote workers and when to pull the plug.
In this episode, Jen explores the Industrial Welfare Commission’s Wage Orders and explains why employers must know which one(s) applies to their business.
In this episode, Jen explains why “workers’ compensation leave” doesn’t exist, and how to manage employees who are off for work-related injuries or illnesses.
In this episode, Jen discusses why most employees must be treated as “non-exempt,” and paid (among other things) applicable overtime.
In this episode, Jen tells the truth about managing employee performance, and offers tools to help leaders get it done.
In this episode, Jen highlights the five things all employers should do to avoid employment law liability.
In this episode, Jen provides tools for leadership to address employees’ fears about potential layoffs and the economy.
In this episode, Jen discusses why she started Shaw Law Group and how strategic thinking has made the firm so successful.
In this episode, Jen and fellow Shaw Law Group wage-hour guru Megan Donaghey discuss recent court guidance addressing California’s meal period rules.
In this episode, Jen reminds us that female employees still receive inappropriate comments about their appearance, and offer some suggestions to stop this behavior.
In this episode, Jen welcomes special guest Anne Fields, a workplace coach who helps leaders drive a positive culture and eliminate friction in the office.
In this episode, Jen discusses the National Labor Relations Board’s new decision regarding the legality of confidentiality and non-disparagement provisions.
In this episode, Jen and Trish Higgins, Shaw Law Group’s litigation guru, discuss the recent 9th Circuit decision upholding mandatory arbitration agreements.
In this episode, Jen reminds us of the rules for creating defensible workplace documentation.
In this episode, Jen and special guest Amii Barnard-Bahn, a lawyer, executive coach, and all around great person, discuss the best approaches for leaders to deliver the news that no one wants to hear.
In this episode, Jen discusses California’s pay transparency rules in more detail, including the new pay scale requirements.
In this episode, Jen explains why soft skills are particularly important after COVID-19, and offers suggestions to help everyone in your organization focus on this key development area.
In this episode, Jen reminds us about the importance of performance management, and offers a number of key tools to make the process effective and relatively low risk.
In this episode, Jen discusses why many employers should be focused on retention this year, and provides several proven strategies to keep employees engaged and committed.
In this episode, Jen reveals the top workplace trends for 2023, including remote/hybrid working, flexible/alternative schedules, surveillance, and employee retention strategies.
In this episode, Jen examines a few of the new California laws for 2023, and offers a “to do” list for HR professionals.
In this episode, Jen reminds us how to be inclusive without offending others, and the meaning of “Belonging.”
In this episode, Jen and Jasmin Darron, a Shaw Law Group attorney expert, chat about “personal” relationships at work, nepotism policies, and how to avoid conflicts of interest.
In this episode, Jen discusses SB 1162. The new law requiring employees with 15 or more employees to include “pay scales” in all job postings.
In this episode, Jen offers some tips for HR professionals to deal with challenging (i.e., difficult!) leaders.
In this episode, Jen discusses the pros and cons of retaining employee interview notes.
In this episode, Jen addresses remote work and the pros and cons “camera on” policies for videoconferences.
In this episode, Jen provides a quick overview of the new employment laws for 2023 and beyond. (Hint: Register here for our 22nd annual Employment Law Update to get the details!)
In this episode, Jen and Brooke Kozak, a Senior Investigator with Shaw Law Group, discuss the value of “temperature reads” at work.
In this episode, Jen discusses AB 2188, the bill Governor Newsom recently signed regarding cannabis.
In this episode, Jen lists the documents that should (and should not!) be included in a personnel file.
In this episode, Jen addresses workplace conflicts of interest and the steps employers should take to prevent them.
In this episode, Jen discusses the distinction between statutory leave and leave as a reasonable accommodation.
In this episode, Jen discusses the obligation to allow service, assistive, and emotional support animals come to work, and when an employer can make Rover stay home.
In this episode, Jen discusses why employers should conduct workplace wage and hour audits and how to keep the results privileged.
In this episode, Jen discusses the risks of independent contractor classification and AB 5.
In this episode, Jen reminds listeners about their obligations under the Cal/OSHA ETS, what to do when COVID-19 hits their workplace, and how the CDPH’s revised definition of “close contact” may change your employer practices.
In this episode, Jen discusses the “Great Resignation” and tips for recruiting and retaining talent in our challenging job market.
In this episode, Jen discusses the federal Department of Labor’s “retaliation” bulletin, and strategies for avoiding liability in this area.
In this episode, Jen discusses the recent wave of civil litigation related to COVID-19 deaths.
In this episode, Jen discusses the California Supreme Court’s recent decision in Naranjo v. Spectrum Security Services, Inc. regarding the proper treatment of Labor Code section 226.7 “premium pay.”
In this episode, Jen walks through the DLSE’s conference and hearing processes, and offers some practical strategies for navigating the system.
In this episode, Jen discusses common misperceptions about workers’ compensation and employment laws.
In this episode, Jen welcomes fellow employment law attorney Tim Del Castillo for a discussion of the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana regarding including waivers of PAGA claims in arbitration agreements.
In this episode, Jen addresses the negative effects of bullying at work, and how to distinguish bullying from EEO-related concerns.
In this episode, Jen discusses the current status of employment arbitration agreements, and the upcoming U.S. Supreme Court case in Viking River Cruises, Inc. v. Moriana, which could pave the way to include PAGA waivers in California agreements.
In this episode, Jen explains how to properly calculate a non-exempt employee’s “regular rate of pay,” and the significant liability resulting from employer errors.
In this episode, Jen discusses how to conduct effective performance reviews and common employer mistakes in this important area.
In this episode, Jen discusses the current status of employment arbitration agreements, and the upcoming U.S. Supreme Court case in Viking River Cruises, Inc. v. Moriana, which could pave the way to include PAGA waivers in California agreements.
In this episode, Jen talks about the California Legislature’s 4-day workweek proposal, and the practical impact if it becomes law.
In this episode, Jen helps employers understand their legal obligations when hiring minors. With summer quickly approaching, this topic is critical for anyone who hires employees of any age who are still in school.
In this episode, Jen chats with Tim Del Castillo, a respected litigator who represents both employers and employees. Jen and Tim offer practical guidance on the most common employer mistakes and how to stay out of court.
In this episode, Jen provides insights into how to draft investigation reports and what to do with them after the investigation is over.
In this episode, Jen discusses the importance of confidentiality in internal investigations, and why it’s hard for everyone to keep secrets.
In this episode, Jen explains why most investigations can be conducted internally, and when to retain an outside investigator.
In this episode, Jen discusses recent trends in workplace investigations, including a significant increase in complaints related to remote work.
In this episode, Jen discusses the federal Equal Employment Opportunity Commission’s new guidance regarding discrimination against COVID-19 caregivers, and how California can stay out of trouble in this complex area.
In this episode, Jen and Erika discuss dress and grooming policies and standards for remote, hybrid, and in-person work environments.
In this episode, Jen and Erika address the Super Bowl, March Madness, and workplace gambling!
In this episode, Jen and Erika remind employers about California’s Pay Data Reporting requirements, and offer tips on how employers can meet the April 1, 2022, reporting deadline.
In this episode, Jen and Erika celebrate the US women’s soccer team settling their equal pay lawsuit and reminding employers about CA’s equal pay laws.
In this episode, Jen provides tips for employers struggling to comply with various leave of absence laws, including the FMLA/CFRA, California’s Pregnancy Disability Leave law, the Americans with Disabilities Act, and California’s Fair Employment and Housing Act.
In this episode, Jen and Erika answer some of your pressing questions about the new COVID-19 Supplemental Sick Leave (SB 114).
In this Podcast, Jen discusses the new “COVID-19 Supplemental Sick Leave” law for California employers with 26 or more employees and highlights some of the new provisions employers must follow beginning February 19, 2022.
In this episode, Jen dispels several independent contractor myths, explains how to evaluate independent contractor status under the “ABC Test” recognized by the California Supreme Court in the 2018 Dynamex decision and in AB 5, and reminds employers of the substantial liability associated with misclassification of employees as contractors/consultants.
In this episode, Jen explains why COVID-19 has increased substance abuse at work, and the steps employers should take to help employees seeking rehabilitation.
In this episode, Jen reviews the federal Equal Employment Opportunity Commission’s recent COVID-19 guidance, and explains why employers must consider whether an employee’s COVID-19 diagnosis may constitute a “disability” requiring reasonable accommodation.
In this episode, Jen and Erika Frank remind employers about their obligation to provide hourly employees with compliant rest and meal breaks. Jen also discusses Ferra v. Loews Hollywood Hotel, a 2021 California Supreme Court decision in which the Court determined that the premium pay owed to an employee for a missed rest or meal break is calculated based on the employee’s regular rate of pay, and not at the employee’s base rate of pay.
In this episode, Jen and Erika Frank remind employers about the importance of Equal Employment Opportunity (EEO) training, a.k.a sexual harassment prevention training. Jen explains that EEO Compliance is not just about sex. Diversity, equity, inclusion (and belonging) are important topics to include when training employees about EEO compliance. Remember: It is not where you are, but who you are with!
In this episode, Jen and Erika Frank talk about a new California law that requires employers to retain employee records for four years. Jen also discusses which personnel documents must be kept confidential and why.
In this episode, Jen and Erika Frank offer listeners a New Year’s Resolution – review and update employee job descriptions! Jen talks about why an updated job description is so important, especially now that job duties may have changed due to COVID-19.
Welcome to “Workplace Wake-Up With Jen”! Tune in every Wednesday morning for cutting-edge information, commentary, and entertainment! She will bring the same energy and commitment to the podcast as she has to her 100+ episode webinar series, “Wake-Up Wednesday with Jen.” Listen and subscribe where you get your podcasts.