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EEOC Guidance on Hearing Impaired Applicants and Employees

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EEOC Guidance on Hearing Impaired Applicants and Employees
Advisory Insights Podcast
EEOC Guidance on Hearing Impaired Applicants and Employees
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EEOC Guidance on Hearing Impaired Applicants and Employees

EEOC Guidance on Hearing Impaired Applicants and Employees (Advisory Insights Podcast, Episode 34)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the EEOC’s guidance on how employers must deal with hearing impaired job candidates and employees. The EEOC is looking at modifications which should be made during the job application and interview process, as well as providing reasonable accommodations once they are hired. Safety concerns must also be considered when making decisions about accommodations.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] And welcome everyone to Advisory Insights Podcast. Stuart Oberman here, your host. All right. We’re going to be off and running with some more federal regulation. You’ve got to love these, guys. So, a little known and little talked about guidance here, in January of 2023, the EEOC issued extensive guidance as to what is considered and what employers must do regarding hearing impaired workers and employees.

Stuart Oberman: [00:00:58] So, the EEOC in their published guidance updated the Americans with Disabilities Act, which is quite extensive, which contains information about how the law applies to job applicants and employees who may be hearing impaired, such as deaf, hard of hearing, or have other hearing conditions. Now, this is extremely broad because this particular guidance – which is quite extensive, I might add. I’ve had a chance to review this – is regarding applicants and employees.

Stuart Oberman: [00:01:36] And before we jump into what this is, I want to give an up to date scenario. So, in good faith, you should never put on your application any kind of disability issues, do you have this disability, do you have that disability, are you hearing impaired, those kind of things. That’s an absolute no, no.

Stuart Oberman: [00:02:00] But what do you do if you have an applicant that comes in, extremely qualified on paper, you love this applicant. And then, all of a sudden they’re meeting with you and H.R. people, whatever it is, and you discover that they’ve got a hearing impairment, either they’re deaf, using sign language, or they’re extremely hard of hearing. What do you do?

Stuart Oberman: [00:02:24] There’s a million scenarios that will pop through your mind during that interview. Do you cancel the interview? Do you have that interview only for five minutes knowing you’re not going to hire that candidate for whatever reason? Or do you reschedule that interview and give a good faith interview with an interpreter, if needed, or some kind of software that will assist that applicant with the interview. Or what if you discover you have an employee that’s hearing impaired? What accommodations do you make for that particular employee?

Stuart Oberman: [00:03:08] Look, life happens. You know, things happen. People become blind. People become deaf. They have hard of hearing. I mean, we’re talking about disabilities here. And what do you do? Do you have a mechanism in place for that? Do you have a policy in place? How do you deal with that? These are critical questions.

Stuart Oberman: [00:03:23] So, in the EEOC’s guidance, they answer questions regarding pre and post job offer inquiries, technologies that may enable free or low costs or reasonable accommodations. You know, and you can’t put a dollar amount on this. You can’t say, “Well, I want the cheapest software I can find to accommodate that employee.” You can’t do that. What are the safety concerns regarding this employee? And what are new and potentially updated scenarios? Again, I just gave you some scenarios. But these are much more broader scenarios of potential discrimination that address, again, in this guidance, technologies such as video conferencing software.

Stuart Oberman: [00:04:15] So, here’s a great example. In the world of video conferencing – I don’t want to mention any bigger names or whatever it is. We all know who they are – we all know that remote changed the world and you have video conferencing technology. Are you adapting that technology to employees that have certain potential disabilities or impairments? How are you addressing that on a job interview, where you don’t want that candidate to come in for whatever reason? Let’s say, you want to do a 5 minute, 10 minute, 15 minute interview over a network video conferencing system, how do you handle that? When you get on an interview and you discover that the applicant has a hearing impairment or disability, how do you handle that?

Stuart Oberman: [00:05:03] I think you’ve got to have policies in place. I think you’ve got to have hiring policies in place for this. I think you have to have hiring policies in place to figure out what you need to do to make sure you’re not in violation of EEOC and the ADA for, not only the applicants, but your employees. And I think that your H.R., whether it’s small or large departments, have got to be at the forefront of this, and it’s top down driven. It’s top down driven.

Stuart Oberman: [00:05:33] So, that is a brief, brief podcast, folks, today regarding complex EEOC guidance regarding employees and candidates and applicants that have hearing impairments, disabilities, whatever it may be. Again, folks, it’s a wide topic. I want to have it top of mind. I want to make sure that our H.R. employers are looking at this.

Stuart Oberman: [00:06:00] So, folks, thanks for joining us today, Advisory Insights. Much more legislation to come, I’m sure, regarding the federal issues down the road on this topic. If you have any questions, give us a call at 770-886-2400 or stuart@obermanlaw.com. This is Stuart Oberman, your host, and thanks for joining us and have a fantastic day.

Outro: [00:06:26] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

New Federal Protections for Pregnant and Nursing Workers

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New Federal Protections for Pregnant and Nursing Workers
Advisory Insights Podcast
New Federal Protections for Pregnant and Nursing Workers
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New Federal Protections for Pregnant and Nursing Workers

New Federal Protections for Pregnant and Nursing Workers (Advisory Insights Podcast, Episode 33)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the Pregnant Workers Fairness Act (PWFA) and the PUMP Act, two new pieces of legislation that aim to protect pregnant and nursing workers in the United States. The PWFA requires employers to provide reasonable accommodations to pregnant workers, while the PUMP Act amends the Fair Labor Standards Act to provide protections for nursing mothers during employment.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone. Stuart Oberman here, Advisory Insights Podcast. Welcome. Welcome. All right. We’re going to touch base today on some new federal legislation that is geared to protect pregnant workers and nursing workers on the job site.

Stuart Oberman: [00:00:38] So, let’s just briefly take this down a little bit. So, recently, as part of the Federal Omnibus Spending Bill, President Biden recently signed into legislation – I think some great legislation – the Pregnant Workers Fairness Act, which acronym is PWFA, and Providing Urgent Maternal Protections for Nursing Mothers Act, PUMP Act. It’s easier to say the PUMP Act, folks. Expanding federal legislation for the protection of pregnant and nursing workers.

Stuart Oberman: [00:01:19] So, let’s take a look at the PWFA first. So, what does this do? This creates an obligation for employers to grant reasonable accommodations to pregnant workers. This will go into effect in June 2023. So, you got a little bit of time yet. So, this affects 15 or more employers that will be required to provide reasonable accommodations.

Stuart Oberman: [00:01:45] Now, I will tell you this, Federal Law is not the most clear on reasonable accommodations for qualified employees and job applicants with temporary physical or mental limitations due to pregnancy and childbirth related conditions. There’s a lot to that act. I just want to bring that act to everyone’s attention.

Stuart Oberman: [00:02:12] So, for the employees and the applicants that are qualified, without a reasonable accommodation can perform the functions of the current position. So, you got to take a look at what’s reasonable, what’s accommodation, what’s needed. So, with the PWFA, like the Americans with Disabilities Act, it obligates the employers to provide reasonable accommodations. Unless – this is key – unless doing so would impose an undue hardship. Now, that is going to be a business by business, case by case basis. The Federal Law provides a little bit of guidance as undue hardship. But here’s the key, is the PWFA incorporates the ADA, Americans with Disabilities Act, concept on this interaction process.

Stuart Oberman: [00:03:20] So, I think you need to be aware of that if you have 15 or more employees. I think you have to be aware of what the reasonable accommodations are. I think you have to be aware of when it takes effect and what your limitations are.

Stuart Oberman: [00:03:33] Now, I want to jump into Protection for Nursing Moms during employment. So, the PUMP Act essentially amends the Fair Labor Standards Act. What’s right then and there is very broad. So, the acronym FLSA. Again, this is such a broad topic, but I want to bring this to the forefront of top of mind issues. So, it requires employers to provide a reasonable break time – what’s reasonable is an individual basis, I will tell you that – for employees so that they can go ahead and provide breastmilk each time the employee has a need to express such milk during their first year of childbirth.

Stuart Oberman: [00:04:28] So, the employer must provide a place, other than a bathroom, that is shielded from view and free from intrusion of other employees. So, if you’re a small office and you are jammed to the hilt with space, you have no rooms. You’ve got to find a room, folks. If you’ve got an employee that needs to take this kind of action, you have to find a place.

Stuart Oberman: [00:05:08] So, again, this is another key thing, is that the PUMP Act extends to all employees, whether it is exempt and non-exempt. All employees. It doesn’t matter full, part-time. All employees.

Stuart Oberman: [00:05:26] So, I didn’t want to spend too much time on this because, again, this is a whole project in and of itself. But I wanted to make all of our employers aware and our employees aware who are listening regarding the Pregnant Workers Fairness Act and the Protection for Nursing Mothers, the PUMP Act, and how this relates to the Americans with Disabilities Act, how this relates to the Fair Labor Standards Act, and what the accommodations are for expecting mothers and for mothers who are nursing on the job site.

Stuart Oberman: [00:06:00] Folks, that’s all I’m going to provide commentary on this today. Again, it could be a wide range topic, but I just want to bring it top of mind. Folks, thanks for listening to Advisory Insights, Stuart Oberman. If you have any questions, please feel free to give us a call at 770-886-2400 or email, stuart@obermanlaw.com. Folks, thanks for joining us. Have a fantastic day.

Outro: [00:06:26] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Employer-Related Compliance Trends in 2023

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Employer-Related Compliance Trends in 2023
Advisory Insights Podcast
Employer-Related Compliance Trends in 2023
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Employer-Related Compliance Trends in 2023

Employer-Related Compliance Trends in 2023 (Advisory Insights Podcast, Episode 32)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed employer-related compliance trends in 2023. Stuart talked about pay transparency laws requiring employers to include salary range information in job postings, employee privacy laws governing how data is used in employment relationships, and more.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:19] And welcome everyone to Advisory Insights. Stuart Oberman here, your host. All right. Folks, we’re going to talk about employer related compliance trends in 2023. Yes, yes, yes, 2023, off and running. There is a lot of things going on in 2023 that our employers must, must know.

Stuart Oberman: [00:00:42] And there’s not necessarily any order of priority here, but there is a great, great trends regarding pay transparency laws that are going to be even more expansive in the future. So, the laws generally require – this is overly broad here – employers to include salary range information in job postings. Now, this is cropped up in California, of course, Washington, and New York. But I will tell you, there’s a lot of other legislation that is pending or being discussed in multiple states.

Stuart Oberman: [00:01:23] So, I think what has to happen is if you’re an employer and you’ve got employees in those states and you’re posting jobs in those states, you’ve got to understand what the ramifications are of the pay transparency laws. I would suggest that you have a broad policy on this because it is not really a matter of if it comes to your state, it’s when. So, obviously, California, Washington, and New York are more of the liberal states. Again, I’m not getting into politics, but I see a trend here that’s already from west to east. And, again, it’s going to go north and it’s going south, so it’s just a matter of time.

Stuart Oberman: [00:02:05] A next big topic, which, of course, originates in some more of these states, is employee privacy. What we’re seeing is that California is really at the forefront of this. But Illinois even became first on this issue. So, recently, the California Privacy Act – excuse me – California Privacy Rights Act has really brought, in my opinion, employee privacy to the forefront in the U.S. So, the law came in effect on January 1st.

Stuart Oberman: [00:02:43] Now, the interesting part, you’ve got to go back in history a little bit – and I don’t want to bore you guys – this particular law actually follows the Illinois Biometric Information Privacy Act, which was enacted in 2008 in Illinois. Now, you’ve got to understand where all this is coming from.

Stuart Oberman: [00:03:07] So, under the California law – again, here we go. We’re in California, Washington. Now, we’re hitting Midwest. We got New York City going here. Again, this is going to be propping up in multiple states, in my opinion – the California law mandates – not says may or not says, you know, we really want it to. It mandates. It governs – how the aspect of an employment relationship on how data is used in this context.

Stuart Oberman: [00:03:43] Now, what does that mean? So, it actually outlines what employers in artificial intelligence can and cannot utilize that information on, privacy, background checks, those kind of things. So, I think you need to really have a plan as a whole. It doesn’t matter whether you’re in Illinois, California, Washington, I don’t really care. You’ve got to figure out what your policy is and procedures on how to handle this data and whether or not your policies and procedures fit within those four or five states that, you know, is very broad.

Stuart Oberman: [00:04:23] And especially if you have employees in those multiple states and you’re a multinational employer, if your main office is in Charlotte, how do you deal with an employee and you run background checks for employees in Washington or New York? How do you deal with that? You’ve got to have policy in place with that.

Stuart Oberman: [00:04:42] The next one really is a very, very aggressive legislative change, and we’re seeing more and more of this. And I think it’s just a matter of time before the states have a version of this, which was, employee leave. I think we’re going to see, not necessarily on a federal level, but we’re going to see employers, we’re going to continue to see, I think, some broad movement on paid leave on a state and local level.

Stuart Oberman: [00:05:15] So, again, I want to go back to Illinois because they seem to be the most recent here on what we’re looking at. So, they passed the Paid Leave Act For All Employers – all workers – excuse me – the official name, Paid Leave For All Workers Act on January 10th. Now, once the law takes effect – and there’s a question whether that takes effect. From all indication, it’s going to take effect next year – employers – get this – must annually provide covering employees up to 40 hours of paid leave, which they can use for any purpose.

Stuart Oberman: [00:05:55] Folks, you’ve got to understand the ramifications of that, again, if you’re a multinational employer. Now, what we’re going to see is we’re going to see, I believe, different versions of this trickle down in certain water down states where it may not be as aggressive. Or in some areas, depending on the legislation, you’re going to see more aggressive leave. So, I think you need to start looking now what your policies are and procedures.

Stuart Oberman: [00:06:25] We have had some cases that our employers have actually acquired companies. And deep in their particular H.R. matters, they did not realize that their companies that they acquired had no limitation on leave. Folks, do you understand that? You just purchased a $50 million business, 5 million, 10 million, I don’t really care. And all of a sudden, their policy that you inherited and you’ve got to deal with, it says that their leave of absence is unlimited. How do you deal with that? First of all, how do you miss that? A lot of things go into that scenario.

Stuart Oberman: [00:07:16] Next, we’ve talked about this one on our two previous podcasts, non-competes. So, I don’t want to belabor this. Again, I think it’s a trend. The FTC has issued a proposed ban – which is under a lot of review – for non-competes. So, if that occurs, that will fundamentally change the relationship of current employees and future employees as far as what you can and cannot enforce.

Stuart Oberman: [00:07:48] Folks, that is just about four or so topics that are really the hot topics right now going in 2023. And I’m telling you, I’m sure there’s going to be offshoots, extensions, reductions of these various policies and procedures under state, federal, and even national level. So, keep track of what’s going on. Keep listening to our podcast.

Stuart Oberman: [00:08:13] Folks, thanks for joining us today on Advisory Insights. Stuart Oberman, your host. If you have any questions, please feel free to give us a call, 770-886-2400 or stuart@obermanlaw.com. Have a fantastic day.

Outro: [00:08:28] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

FTC Cracks Down on Companies Non-Compete Restrictions

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non-complete restrictions
Advisory Insights Podcast
FTC Cracks Down on Companies Non-Compete Restrictions
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non-complete restrictions

FTC Cracks Down on Companies Non-Compete Restrictions (Advisory Insights Podcast, Episode 30)

On the episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed how the Federal Trade Commission (FTC) is cracking down on companies that have non-compete restrictions. Stuart gives a quick update on the current state of non-compete agreements, noting that there is a lot of uncertainty and that this could have a chilling effect on the professional fields.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] And welcome everyone to Advisory Insights. Stuart Oberman here, your host. All right. Folks, we’re going to be off and running today on the podcast. An enormous topic that is taking the business world by extreme uncertainty. We’ve got fires going everywhere. I want to talk about the FTC cracks down on company’s non-compete restrictions.

Stuart Oberman: [00:00:44] So, I want to briefly review this particular matter because this is a prelude to what I think the Federal Government is going to do down the road. So, I want to review a release dated January 4, 2023 that the FTC released. And I want to look at some broad things on this.

Stuart Oberman: [00:01:07] So, what happened is the FTC has taken action against three companies, two individuals – get this – forcing them to drop non-compete restrictions that would have imposed thousands and thousands of workers with restrictions. So, what does this mean?

Stuart Oberman: [00:01:27] So, according to the FTC, each of the companies and individuals illegally – illegally – impose non-compete restrictions on workers in positions that range from low level security guards to manufacturing workers to engineers that just stepped into the professional markets – engineers – which barred them from seeking or accepting another employer or operating a competing business after they left the company. Folks, that is extremely, extremely problematic going down the road.

Stuart Oberman: [00:02:13] Now, one of the things we need to look at in this particular order – and you’ve got to sort of read between the lines on this, what the FTC said – they issued a statement that they are going to vigorously – cannot just enforce, but vigorously – enforce Section 5, which prohibits unfair methods of competition. Which, from all indications is going to be non-compete agreements.

Stuart Oberman: [00:02:44] So, in each these cases – and I’m not going to go into names because it’s all public record, but I want to look at the ramifications – the FTC ordered the companies to cease enforcing, threatening to enforce, or imposing non-compete restrictions on relevant workers. Now, understand that. The FTC said, the government said you are not going to enforce these. You’re not going to threaten employees – which means you cannot allegedly send a letter of a cease and desist that if you do this, you’ll have this penalty, your contract says this, you’re going to be sued, whatever – or impose non-compete restrictions on relevant workers. So, they’ve also required – again, far reaching effect – the employer should notify the infected employees that they are no longer bound by the restrictions.

Stuart Oberman: [00:03:51] So, you got to understand this. They said, “Oh, by the way, three companies, two individuals, we’re nullifying your non-compete agreements.” And not only that, but now you’ve got to notify the employees that, “Oh, by the way, we’re not enforcing your non-compete.”

Stuart Oberman: [00:04:08] So, I want to go through some things that the FTC, in this order – which I’m going to give you my opinion. It’s going to be a prelude of what’s down the road. There’s a lot of things going on we need to look at, but this is the prelude – they have banned in the order the company from communicating to any relevant employee or other employer that the employee is subject to a non-compete – which means you’ve cut off communication to third parties – requiring them to void and nullify the challenge non-competes without penalizing the infected employees – without penalizing the infected employees.

Stuart Oberman: [00:04:56] Require them to provide copies of the order to current and past employees who are subject to the challenges non-compete. Again, get that, current and past employees. Require them to provide a copy of the complaint and order to current and future directors, officers, employees of the companies who are responsible for hiring and recruiting. That’s H.R., folks. That’s H.R. So, now this is their H.R. responsibility.

Stuart Oberman: [00:05:34] So then, here’s the interesting part, again, far reaching. Requires them for the next ten years – ten years, not ten days, but ten years – to provide a clear and conspicuous notice to any relevant employees that they may freely seek or accept a job with any company or person, run their own business, or compete with them at any time following their employment.

Stuart Oberman: [00:06:05] Folks, you understand what that is and how far reaching that is to these three businesses and two individuals? So, again, there’s been a lot of discussion as to what is going to take place as far as non-competes go. But what I’m giving you right now is an actual FTC release as to what occurred to these three companies and two individuals.

Stuart Oberman: [00:06:33] So, what do we do from here? I think that knowing what we know now, I think every, every, every company has got to look at their H.R. top to bottom. They’ve got to look at their non-competes. Now, are we non-solicitations, trade secrets. No. That’s non-competes. I think we’ve got to take a look at every contract. I don’t care what business you’re in, whether you’re in dental or manufacturing or global and you’ve got business in the United States. I think we need to look at every contract that has a non-compete agreement in it, and determine what the ramifications are and how broad this is.

Stuart Oberman: [00:07:11] First and foremost, we’ve got to determine, one, forget about the FTC, whether or not you’re non-compete, is it even enforceable? There’s very specific guidelines for that. It’s got to be geographically specific. It can’t be overly broad. So, there’s some very specifics. So, once we get through that that hurdle and say, “Yeah. It’s enforceable,” on a general basis, then we need to take a look at these these non-competes as a whole and figure out how as a company you’re going to approach this.

Stuart Oberman: [00:07:36] Folks, it is some Wild Wild West stuff going out there on non-compete agreements and in business environments. And I think this may have a chilling effect on, especially, the professional fields. Folks, that’s a quick update on a very, very broad topic that I could spend probably three hours on a whole event on.

Stuart Oberman: [00:07:55] But thank you again, folks, for joining us on the podcast for Advisory Insights. My name is Stuart Oberman. If you have any questions, please feel free to give us a call, 770-886-2400. Or send me an email, stuart, S-T-U-A-R-T, @obermanlaw.com Thanks, folks, and have a fantastic day.

Outro: [00:08:16] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Five Sections in Your Employee Manual Which Should Be Overhauled

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Five Sections in Your Employee Manual Which Should Be Overhauled
Advisory Insights Podcast
Five Sections in Your Employee Manual Which Should Be Overhauled
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Five Sections in Your Employee Manual Which Should Be Overhauled

Five Sections in Your Employee Manual Which Should Be Overhauled (Advisory Insights Podcast, Episode 29)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the five sections of your employee manual that should be overhauled to comply with changing laws. He covered topics such as regulating employee appearance, work arrangements, and communication.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello and welcome to Advisory Insights Podcast. Stuart Oberman here, your host. Well, I want to talk about H.R. I know that’s a topic I talk a lot about, but until I stop getting calls regarding H.R. compliance matters, I’m going to keep harping on this.

Stuart Oberman: [00:00:37] Today’s topic, five sections that should be overhauled in your employee manual. First and foremost, do you have an employee manual to start with? So, for those that do not have an employee manual, I want you to write this down on each sections we’re going to look at.

Stuart Oberman: [00:00:55] Get an employee manual. If you have an employee manual that is 15 pages, shred it and get another one. If you have an employee manual that is probably less than 40 pages, I’m going to recommend you really have someone take a look at that manual and make sure it’s good because the law is changing constantly.

Stuart Oberman: [00:01:12] Let’s take a look at our sections. First and foremost, I’m going to say that you need to regulate appearance. Now, what each employer does with appearance and what they allow is not for me to comment. But what’s happening is, is that you must have, got to have written policies regarding appearance to take into account.

Stuart Oberman: [00:01:37] And why do I say this? Because what’s happening is we’re seeing legislation all over the country regulating appearance. We have legislation – and I’ve said this before but I want to stress this again – regulating hair. What is professional hair? So, for those that don’t really follow H.R. items, I want to bring into account where a particular state brought in the Crown Act.

Stuart Oberman: [00:02:05] For example, what is the Crown Act? It essentially bans race-based hair discrimination in the workplace. So, the Crown Act or similar legislation has been enacted in 19 states. Folks, I’ll repeat that, has been enacted in 19 states. How many people listening to this podcast have any idea whether or not their state even is included in that kind of legislation or has a bill pending for that legislation at the Federal level, which sits at the Senate right now? So, again, number one appearance. Again, I can’t make up this legislation.

Stuart Oberman: [00:02:50] Work arrangements. I will tell you, folks, depending on your region, people aren’t going back to the offices. Now, we see that in different regions, different mobilities. We’re talking to a law firm the other day that had 200 people. None of them are back to the office. I don’t know what that rent is, but it’s got to be expensive. So, I want to make sure you know this, that your organization, I don’t care what you do, you have to have expectations around communication.

Stuart Oberman: [00:03:23] First off, do you even have a policy in place that regulates a hybrid? Do you have a policy in place that outlines what is strategically your employer’s information, when they’re coming in, when they’re speaking to members of the office, when they’re supposed to answer the phones, when they report deadlines? Again, I want you to make sure that you are regulating work arrangements. And, also, I want to make sure that you have a policy that goes into a place and regulates remote conduct and what should or should not be taking place.

Stuart Oberman: [00:04:02] So, again, technology is at the forefront of all this. Things change. I know we constantly look at software improvements, where this technology is going. Everything today is outdated in six months, it seems like. So, I want to make sure, number three, technology. That you have policies in place in your handbook that regulate and mention remote work and hybrid.

Stuart Oberman: [00:04:33] Are you using multifactor authentication? Are employees using their own devices? How do you regulate that? Is there a standard? What happens if that cell phone is lost? Other shutdown mechanisms? Are you allowing employees to purchase their own technology on your technology? What happens if you have a computer that is specifically for you and your employee, and, all of a sudden, you have an employee downloading stuff on your software, on your hard drive, or a laptop? Do you have stuff that regulates that? What does that look like?

Stuart Oberman: [00:05:08] So, you’ve got to decide what’s regulated, what’s work related, who pays for these expenses? What does it look like in the employee manual, if you even have an employee manual? I would encourage you to do these. Again, write down these items.

Stuart Oberman: [00:05:23] Number four, sick leave. So, what happened is, before the pandemic many states and localities lacked sick leave laws. But now what we’re seeing, we’re seeing an active, a very, very active legislative agenda for states that are manipulating and approving certain leave acts that go way beyond what the employers indicate for that state.

Stuart Oberman: [00:05:55] So, I want you to make sure you know what you’re sick leave is. How many employees do you have? Do you have reasonable accommodations? What happens if you don’t have reasonable accommodations? You know, again, I want to make sure that under the sick leave, you have the Family Medical Leave Act in place, all those things.

Stuart Oberman: [00:06:16] You know, I keep going back to this topic because it’s just a crazy topic. Number five, marijuana usage and testing. I can’t stress this enough. I know I talked a lot about this in 2022. We’re going to talk about this in 2023. A couple of states come to mind, New York and California.

Stuart Oberman: [00:06:43] So, first and foremost, I don’t want to rehash what we did on a previous podcast or what we’re going to do coming forward. But don’t forget Federal Law, still, marijuana is illegal. But many states protect workers. You’ve got to make sure you know what states protect you as an employer or your workers. Now, we’ve got to worry about other things that are coming into play regarding – I’ll use the term – magic mushrooms. We’re going back to the ’60s. Here we go, folks. Again, with the prevalence of states enacting laws regarding this, this has got to be at the forefront of issues.

Stuart Oberman: [00:07:20] So, employers, you need to be out in the forefront of the trend. You’ve got to make a decision on what you’re doing. You can’t put your head in the sand on these issues because every one of these five issues are going to come up at some point in your workplace. It’s not a question of if. It is a question of when. And you’ve got to be prepared. It’s got to be in writing. And your employees have got to know what their outlines are. You’ve got to know what your outlines are. You’ve got to know what your deadlines are, and what you’re going to accept and not accept.

Stuart Oberman: [00:07:53] Folks, the top five, you got to know it. You got to know it. Employee manual, top five sections you’ve got to overhaul. Again, I’m going to run through this real quick, real quick. Appearance, work arrangements-remote/hybrid, technology-remote/hybrid, sick leave, and last but not least – the favorite topic that I like talking about – marijuana usage and testing.

Stuart Oberman: [00:08:21] Folks, it’s been a pleasure. Thanks for joining us on Advisory Insights Podcast. If you have any questions, please feel free to give us a call, 770-886-2400, or email, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, have a fantastic day and thanks for listening to Advisory Insights Podcast.

Outro: [00:08:45] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Marijuana and Psychedelics in Your Workplace

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Marijuana and Psychedelics in Your Workplace
Advisory Insights Podcast
Marijuana and Psychedelics in Your Workplace
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Marijuana and Psychedelics in Your Workplace

Marijuana and Psychedelics in Your Workplace (Advisory Insights Podcast, Episode 27)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed marijuana and psychedelics in your workplace. As an increasing number of states are legalizing marijuana and psychedelics, employers are left wondering what their stance on these substances should be. Stuart offers advice for employers who wish to develop policies which are permissible in this changing legal landscape.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:02] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello, everyone. Stuart Oberman here, Advisory Insights Podcast. I tell you, we’re off and running in 2023. It is a pleasure to be back. We look forward to a fantastic year. We’ve got some great, great podcasts coming up, so stay tuned, folks.

Stuart Oberman: [00:00:35] But I want to really talk about a topic that is at top of mind. It is a moving target. And I can’t make this up, folks. It’s here. Marijuana and psychedelics in your workplace. Welcome to 2023, folks.

Stuart Oberman: [00:00:52] So, what are we looking at? So, as the years have gone on, marijuana is growing an acceptance as therapeutic psychedelics are in the workplace – actually, not in the workplace, but in the employer off-duty, I will say. We’ll get to the employer workplace down the road. So, in 2022, we saw a lot of legalization. We got Maryland. We got Missouri. We got Rhode Island. All legalized use of marijuana.

Stuart Oberman: [00:01:25] So, it is not a question of if your state is going to be legalizing marijuana, folks, but it is when. And then, as I said earlier, the question is, what do you do as an employer? And we’re going to touch on a couple of things.

Stuart Oberman: [00:01:43] What you have to know is, again, I’m thinking back, you know, 20 years ago, we would have never had this conversation. But now recreational marijuana is now legal in 21 states plus District of Columbia. So, you got to look at, really, a twofold process here. One is legal and then the practical side.

Stuart Oberman: [00:02:07] So, you know, some states will prohibit employers from basing adverse employment action on employers or individuals lawful off-duty recreation of marijuana, unless the employee comes to work impaired. Now, what’s happening is that you’ve got employers who are doing pre-hire drug screens, random programs for marijuana, THC. And then, what’s happening is, we have a lot of employers that are not even testing for marijuana usage anymore.

Stuart Oberman: [00:02:47] So, one thing we’ve got to take a look at is that, one, are you going to be testing for marijuana? Two, are you going to be taking a blood or urine or are you going to take a hair follicle as a condition for employment? Then, what happens if you test an employee candidate positive, what do you do if that’s a state that legalizes marijuana?

Stuart Oberman: [00:03:15] I would suggest you have a really, really good firm policy. Because a lot of our employers are situated in different states, even though they may be based – I’ll use Delaware. You may have an employer that is in 97 states. There’s so many things you can take a look at, but you’ve got to take a look at, one, whether it’s legal, not legal. But don’t ever forget that under the Federal Law, marijuana is still a Schedule 1 drug considered under the Controlled Substance Act. So, you’ve got to take a look at there’s a massive dichotomy between State and Federal.

Stuart Oberman: [00:03:59] The point is that, also, certain psychedelics are making their way into the law. And I’m going to go after Colorado and Oregon. They are becoming very, very active in compounding magic mushrooms. Folks, I can’t make this up. I’m like at a Woodstock concert. I can’t make this up. So, now, you’ve got to take a look, not only marijuana do you have going crazy, but now you’ve got psychedelic mushrooms here.

Stuart Oberman: [00:04:35] Now, true, they are very minuscule in the grade. There are certain restrictions on the usage, the amount. But what’s happening is states are beginning to accept applications for licensure for facilities to administer its regulated psychedelic service programs as of January 2, 2023.

Stuart Oberman: [00:05:03] So, if we look at different history, we’ve got Colorado in November of 2022 really approving a message very similar to this. And then, we’re going to have in September, I believe September 30, 2024, the Colorado Department of Regulatory Agencies are going to have to adopt implementation rules for this. Folks, we’re talking mushrooms.

Stuart Oberman: [00:05:31] So, I’m going to encourage you that you’ve got to look at, again, I want to point out some cities that are critical. Ann Arbor, Michigan; Denver, Detroit, Oakland, San Francisco, Seattle, Washington, you know, they are all looking at legalizing psychedelic plants and fungi.

Stuart Oberman: [00:05:57] So, again, whatever your belief is, it is what it is. But with the usage of marijuana and even the thought about regulating and approving magic mushrooms, you’ve got to take a look at what your policies are as far as drug usage and drug testing. So, it becomes very, very complex and the laws are going to be enacted. You’ve got to understand that as employers, especially employers in those states where you have multi-jurisdictions, multi-states approving marijuana usage, recreational psychedelic drugs.

Stuart Oberman: [00:06:41] Folks, I’m telling you, it’s going to be a great 2023. Stay tuned. Stuart Oberman. Thank you so much for listening to Advisory Insights Podcast. If you need to get a hold of us, please feel free to call, 770-886-2400, or email me, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, have a fantastic day.

Outro: [00:07:06] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

2023 Compliance Deadlines Every Employer Must Know

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2023 Compliance Deadlines Every Employer Must Know
Advisory Insights Podcast
2023 Compliance Deadlines Every Employer Must Know
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2023 Compliance Deadlines Every Employer Must Know

2023 Compliance Deadlines Every Employer Must Know (Advisory Insights Podcast, Episode 26)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the compliance deadlines every employer must be aware of for 2023. Stuart discussed various deadlines and requirements on reportable workforce demographic data and furnishing 1095-C documents to employees. He also covered penalties for incorrect information and employer responsibility under the Affordable Care Act.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello, everyone. Stuart Oberman here, Advisory Insights Podcast. Welcome, welcome, welcome. 2023 off and running, folks. We’re going to have a great topic today. First and foremost, we want to make sure that we get your checklist up to date. So, topic for today, 2023 Compliance Deadlines Every Employer Must Know.

Stuart Oberman: [00:00:44] As we entered December 2022, it gets brutally hectic at the end the year. We all know that. But now, really, start the time to think about what are we doing in ’23? What do I need to talk to my advisors about? What do I need to talk to my CPA about? What do I need to talk about my office manager about? Well, we’re going to go through this list. And I’ll tell you, if we go off track on this list that you’re not in compliance with, you don’t want to get there already in 2023. Let’s get this straight. Let’s go through some dotted I’s here and make sure we got everything.

Stuart Oberman: [00:01:20] First and foremost, H.R. I know I talked about that a lot, a lot last year in 2022. Look, we’ve got benefits. We’ve got payrolls, hiring. We’ve got recruiting. And we’ve got so much more that we need to take a look at on a day-to-day business, but I want to make sure we’re keeping on track. Let me get through some basic, basic things you guys need to know. Let me run through these dates here. Talk with your CPAs again, talk with your advisors, your counselors. Make sure you’re on track.

Stuart Oberman: [00:01:48] First and foremost, as we know, W-2s have got to be out by January 31st. I hate to tell you this, but I’ve got employers that we work with who are sending out W-2s in September. That’s just not going to work, folks. And, also, a copy that W-2 has to go to Social Security Administration. That is basic stuff. But, yet, what happens is, if employees don’t get their W-2s, they’re disgruntled. And disgruntled employees even get more disgruntled. So, keep with this deadline.

Stuart Oberman: [00:02:18] The Affordable Care Act, ACA. Employers must furnish Form 1095-C to applicable employees by March 2, 2023. Question is, has your CPA told you that? Does Your CPA know the deadlines on that? Because also the filing deadlines for the Form 2094-C and 2095-C is February 28, 2023, or March 31, 2023 if you file electronically. I would encourage everyone to file electronically.

Stuart Oberman: [00:02:59] Here’s what sort of bugs me a little bit about the next form. There’s so much pressure on our employers for this. So, the EEO Reporting, certain employers must report demographic workforce data. Listen to this, data by race, ethnicity, sex, job categories. If you have those defined, great. If not, your question is what do you do? How do you file it? So, the annual collection of that data is scheduled to open on April 2023 per the EEOC. Now, I need everyone to make sure they understand that.

Stuart Oberman: [00:03:47] Next information, employee verification. Please make sure that your employees provide you with the correct address, correct address. Incorrect information will delay W-2s, and you will have to pay the penalties for that. And, again, your employees will not be happy. I want you to double check your W-2s.

Stuart Oberman: [00:04:15] Here’s what I want to make sure of. One, you’ve got all the Social Security numbers that are correct. Two, your EIN numbers correct. EIN number, Federal Employer Number. So, the IRS, believe it or not, charges you $50 for each return that is mailed out incorrectly. Why would you want to pay the IRS additional amounts than you already owe? Included in the W2s – again, I don’t want to get too far into tax in those kind of things, but I do want to just make sure you know the deadlines – taxable cash. Cash. Yes, folks, cash. You have to declare that. Your employees have to declare that.

Stuart Oberman: [00:04:56] Non-cash benefits include a company car. I can’t even begin to tell you how our employers don’t understand how to calculate a car usage on a W-2. Please, that is an audit waiting to happen.

Stuart Oberman: [00:05:15] Now, we want to take a look at the CARES Act, Employee Retention Credit. I will tell you, I get so many emails regarding this particular matter. I would urge you to be very, very careful what you answer, who you let take care of this. I would send this straight to your CPA. Let them handle it. I would not get entrenched in any third party solicitation and vendors. Go straight to your CPA. Double check with your attorney. Make sure that anything you do on an outside vendor is valid.

Stuart Oberman: [00:05:48] So, we have to understand that the three year lookback period on these wages after March 12, 2023 to determine eligibility. That’s as far as I’m going to get deep into that, because that’s a road we just don’t want to travel on this quick podcast. But, again, I would urge you, urge you to take a look at what forms are available from your CPA.

Stuart Oberman: [00:06:11] Again, the Affordable CARES Act requirements. There has to be distributed to the employees according to your 1095 forms. Again, especially with independent contractor payments – here we go – anything regarding independent contractors that is paid more than $600 must be reported. Folks, $600. That is nothing. You’ve got to do it. Your CPAs have got to do it. Again, that’s an audit waiting to happen.

Stuart Oberman: [00:06:48] I also want to take a look at one thing we got to be careful of, which is the ACA, Affordable CARES Act. So, I want you to talk to your financial advisors about this. Take a look at the employer shared responsibility, the ESR. Do you fall under the requirements? Do you average 50 employees under the IRS 2022 Employer Health Plan Affordability Threshold Challenge? Do you know what that means? Again, take a look at getting that information to your CPA.

Stuart Oberman: [00:07:28] You know, folks, look, that is some basic, basic information that I really want you to take a look at. But what I really want you to look at is a growing trend. And we’ve talked about this before on our podcasts, and we’re going to talk about it forever because this is not going away, folks. I mean, this is just not going to go away.

Stuart Oberman: [00:07:48] I want to make sure that in 2023, you put down on your calendar employee training. You think, “Well, my employees are trained enough. We have monthly meetings. We go to lunch once a week.” No, no, no. We’re not going to go there. I want to make sure your managers and employees understand sexual harassment prevention. I want to make sure your employees and your managers understand hiring practices. Questions, what to ask, what not to ask. Workplace safety, do they understand? Are you training your people effective? Is your management effective?

Stuart Oberman: [00:08:32] So, the deadlines are the deadlines. But I’ll tell you, if you go astray on any of these training items for your managers or employees – the old days back in the ’60s and ’70s, those days are dead and gone. You can’t do those things anymore. So, again, sexual harassment, hiring practices, workplace safety, effective management control.

Stuart Oberman: [00:09:00] Folks, again, I want to keep you out of trouble. Short, sweet podcasts. I want you to look at those little things. That’s going to be it for today, folks. Again, short, sweet to the point, deadlines, what you do and what you have to look at.

Stuart Oberman: [00:09:14] Again, Advisory Insights Podcast. Stuart Oberman, your host here. If you need anything, let us know. Please feel free to give us a call, 770-886-2400, or email us, stuart@obermanlawfirm.com. Thank you very much. Let’s start 2023 off to a fantastic year. We look forward to speaking with you soon. Have a great day.

Outro: [00:09:40] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

 

HR Hot Buttons for 2023

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HR Hot Buttons for 2023
Advisory Insights Podcast
HR Hot Buttons for 2023
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HR Hot Buttons for 2023

HR Hot Buttons for 2023 (Advisory Insights Podcast, Episode 25)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed some of the key HR issues that businesses will need to be aware of in 2023. He covers topics such as layoffs, severance packages, onboarding, and employee policies, and stresses the importance of being prepared for these potential problems in order to avoid any legal or financial difficulties down the road.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights. Stuart Oberman here. All right, folks, we’re going to keep drilling it down. I want to cover today, HR Hot Topics for 2023. We’re going to talk about it. We’re going to talk about it. We’re going to talk about it, because I know what’s going to happen is it’s going to be 2025 and the people that listen to this podcast are not going to do what I tell them to do. And we’ll be saying the same thing for 2025. So, we’re going to keep drilling this down until our guys get it 100 percent.

Stuart Oberman: [00:00:51] All right. Look, I’ll take a look at Hot Buttons here. Number one, employee benefits. You’ve got to look at the packages. In today’s market, the packages are competitive. I want you to look at what your health benefits are. I want to look at whether or not you need to do a 25 percent gross up to cover salaries for budgetary purposes. What are your benefits? Where do you need to cut? By some accounts, we are either in a recession or going into a recession, but it’s still a tight labor market. Do we need to make adjustments, plus or minus, on these packages?

Stuart Oberman: [00:01:29] Employee handbooks review. I’m going to tell you right now, I want everyone to review their handbooks every year because your people change, your culture changes, your company values change, which I hope go up. And then, what are the needs of your business? You know, goodness gracious, the needs of 2019 in COVID were a lot different than they are today. So, take a look at where you’re at business-wise. Are you expanding globally? Are you expanding in states?

Stuart Oberman: [00:01:56] In our previous podcast, we talked about different localities. We talked about different laws that affect pay equity. Are you up to date on those things? Now, folks, this is either going to be into bonus season or first quarter next year is going to be bonus season, deferred profit sharing. You have to look at what your numbers are. Are you looking at plus bonuses, minus bonuses, no bonuses? Are you looking at retirement plans? You have to look at your bonuses and deferred comp for your profit sharing.

Stuart Oberman: [00:02:28] I would urge all of our listeners, take a look at what your CPA has told you through the year. As for deferred profit sharing, are you going to declare all your income in 2022? You’re going to roll it over to 2023? Of course, I didn’t say that. So, you’ll just have to have that between your conscience and your CPA. I’m not getting into that one.

Stuart Oberman: [00:02:51] So then, we want to take a look at, I want compensation structures, number four. It is an absolute turbulent market right now for pay structures. It is all over the map. You’ve got talent that’s facing layoffs, but yet you still got a tight labor market because a lot of our employers can’t find qualified people. You’ve got pay transparency laws to look at affecting the states. You’ve got internal equity and market positions that need to be analyzed on either a quarterly, at least every six months to make sure everything is understood, perceived – and I’m going to use the buzzword of today – equitable. If you can define equitable in less than 97 paragraphs, you’re doing better than I am.

Stuart Oberman: [00:03:41] Let’s take a look at number five. I want to take a look at merit salary reviews. Are you doing reviews? Or are you sort of chugging along and letting your staff and letting your team members sort of like, “Well, I got a 3 percent raise, but I have no idea where I’m at in the marketplace today.” Inflation is running rampant. By all accounts, we’re going to be somewhere between 7 and 9 percent for a while. Fluctuations, variables, we’ve got to look at that.

Stuart Oberman: [00:04:12] Six, I want to look at promotions. Do you have a promotion policy in place? Are you prepared to take your staff, your team, your leaders to the next level? Do you have a succession plan for the next year? Do you have a plan if your key employees leave? What happens if your key employees leave? Do you have nondisclosure agreements? Are you prepared? With promotions become more responsibilities, is that outlined? How are you going to outline that? Where are you at on that?

Stuart Oberman: [00:04:47] A similar thing, I want to take a look at performance development considerations. So, employees have got to be connected. And what’s the opportunity for them to connect? What are the conversations? If you are remote, where are the cooler chats? Where’s the fireside chats? Where are these current roles? How are you dealing with exchange and feedback? Critical, critical, critical. You know, are you cutting out platforms? Are you adding platforms? Do you need to expand platforms? How are you doing this?

Stuart Oberman: [00:05:23] Eight, employee feedback. Absolutely critical. How in the world do you know whether or not your employees are happy, whether or not they have problems, whether or not you’ve got management problems, whether your management is really too big, too fat? You’ve got to shed the meat a little bit, how do you know? What’s the feedback? Do you have one-on-one conversations? When’s the last time you took your employees out to lunch or employee out to lunch to figure things out? Again, where are we at in today’s world inside the organization? What’s going on? How do you keep touch? What’s the pulse? Or is that pulse dead? Or is the business bleeding and they don’t even know it?

Stuart Oberman: [00:06:11] Last but not least, I want to take a look at workforce planning. I know these HR matters are a little bit on the structure side, not necessarily drilling down on the legal side, but it is all circular and tied together.

Stuart Oberman: [00:06:26] So, workforce planning, now is the time you should be budgeting. What are your estimated headcounts? Are you going to lay off? How do you lay off? Are you laying off properly? Are you giving them severance packages? Is your employee manual dictating how you sever employees? Are you adding employees? What is your onboarding process? Do you even have an onboarding process? Are all your employees signing non-disclosures, social media, cell phone policies? What new products are you going to invest in? Is that technology protected?

Stuart Oberman: [00:07:04] In our podcasts, [inaudible] podcasts or we may even jump ahead on this one, but our global, we’re thinking of global technology, is that being protected? Vacancies. Again, manpower. These are things you got to look at.

Stuart Oberman: [00:07:21] I know we jumped into the procedural matters a little bit more than we usually do in our conversations. But I’m telling you, folks, the title HR Hot Buttons for 2023, these are landmines waiting to happen unless you drill down on these and get specific.

Stuart Oberman: [00:07:39] Folks, that’s going to wrap it up for today. Again, Stuart Oberman. Thank you so much for listening. If you have any questions, please feel free to give us a call, 770-886-2400, or send me an email, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, thanks for listening and we hope you have a fantastic day. Take care.

Outro: [00:08:03] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Employee Handbook Sections to Overhaul in 2023

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Employees Handbook
Advisory Insights Podcast
Employee Handbook Sections to Overhaul in 2023
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Employees Handbook

Employee Handbook Sections to Overhaul in 2023 (Advisory Insights Podcast, Episode 23)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed which sections in your employee handbook to overhaul in 2023. He stressed addressing changing technology, making changes to account for alternate work arrangements, modifying sick leave policies, and more.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights. Stuart Oberman here as your host. All right, folks, it’s 2023. HR is in the house. Now is the time. I want to go over a couple of things. Today’s topic, Employee Handbook Sections to Overhaul in 2023.

Stuart Oberman: [00:00:40] We have some clients that have not overhauled their employee manuals for ten years. Now, it’s time to rethink the entire process, especially in today’s world, in today’s economy. Look, what’s happening is we have the workers of today. The new workers are clashing with the old employer policies and procedures. And what’s happening is that the employers are losing.

Stuart Oberman: [00:01:05] So, I want to run through a couple of things that seem to be sticking out as sort of a poke in the ribs, if you will, as to where things are going and what needs to be looked at and changed.

Stuart Oberman: [00:01:17] Number one, I know a lot of our clients have very, very strict appearance rules. So, if you have a particular rule or policy that you are wanting to enforce, folks, you’ve got to get it in writing. And another thing you got to take a look at in today’s world is the new reality as far as appearance goes.

Stuart Oberman: [00:01:43] One particular thing I want to bring up is you have to look at legislation and where things are at today. So, let me give you an example.

Stuart Oberman: [00:01:50] The Crown Act, for example, bans race-based hair discrimination in the workplace. So, the CROWN Act or similar legislation has been enacted – get this – 19 states. And a bill is currently pending before Congress. Who knows what will happen as far as Federal legislation goes? And it’s set at the Senate level to regulate hair and appearance. So, you better jump on the bandwagon now. Adjust things that you need to adjust knowing what we know as far as hair discrimination. The next thing you know, we’re going to work on tattoos and everything else.

Stuart Oberman: [00:02:31] So, look, at the end of the day, what people do with their bodies is up to them. If you’re going to have a policy and procedure, be ready for some pushback on it, be ready to explain why you need it, and be ready to review federal and state law as it comes down the pike.

Stuart Oberman: [00:02:47] Let’s take a look at number two, the work arrangements. Folks, we’re in a different world. We’re in a hybrid workplace. Our communications have changed. Our performance has changed. Everything about what we do on the work side has changed. So, what does that mean? That means your HR teams have to provide opportunity, tools, guidelines, and make it easier. Do you have a remote policy? Do you have a nondisclosure policy? Are your employees working with sensitive data along with the same computer that they’re using for their kid’s recreation facility and baseball teams? So, you’ve got to look at all these things.

Stuart Oberman: [00:03:28] Now, another area – huge – technology. So, policies have to outline technology and how a company’s handbook should be remote workplace. Does your technology require multifactor authentication for employees to use their own devices? Your data, your confidential data that could literally sink you as a company is now on your employees cellphones. What do you do if the cellphone is lost? What do you do if the cellphone is hacked? What do you do if data is lost? What is the policy and procedure for that? Does your company provide the cellphones? Does your employer or employee have an automatic shutdown and wipe out on their cellphones if you lose it?

Stuart Oberman: [00:04:25] So, I think you’ve got to address safety and technology concerns along with security now as the technology grows and as the workplace becomes blended between work, play, and family.

Stuart Oberman: [00:04:41] One of the things we’re looking at now is sick leave. And there’s a lot of discussion regarding this. States now are mandating certain leave policies. Certain companies are now being subject to jurisdictional issues that they never thought they would be before. The localities are now handling sick leaves. So, you really have got to take a look at where your states are, what’s on a local basis, what’s the trends.

Stuart Oberman: [00:05:11] You know, if you’re in Georgia or if you’re in North Carolina or if you’re in Massachusetts, what’s coming down the pike as far as from Cleveland, Ohio, or from California, or from Texas, where are these things coming from? Because everything trends and you’ve got to know the trends.

Stuart Oberman: [00:05:31] Next one – I’ve talked about this over and over and over again – marijuana use and testing. So, the law hasn’t changed. Marijuana is still illegal on the federal law. But what’s happening is, is that the states are adding protection for workers use of marijuana. Folks, I can’t make this up.

Stuart Oberman: [00:05:53] So, example in California, for instance, employers cannot discriminate against employees for legal marijuana use outside of work. Now, what do you do if on the way to work, an employee is toking on the way to work and they’re not a health safety welfare hazard to other employees? How do you address that? You know, they’re inebriated, but they’re in no danger to other employees.

Stuart Oberman: [00:06:25] So, you’ve got to understand what the trends are. So, you’ve got to get out in front of this. You’ve got to have descriptions as to what’s acceptable, what’s not acceptable. You’ve got to have safety concerns. The use of marijuana is not a carte blanche on the workplace. There are restrictions. There are protocols that employers can follow. And we have to get ahead of this, because I always say what happens in the West comes East. It’s just a matter of what direction it comes.

Stuart Oberman: [00:06:59] So, again, these are a couple of things that we want to take a look at. We’ve got communication issues. We’ve got technology issues. We’ve got employee handbook issues. We have appearance issues, work arrangements. We have remote responsibilities now that employers have to really be aware of. So, I don’t think any of this is earth shattering. There’s been a lot of commentary on these issues.

Stuart Oberman: [00:07:25] But, again, we keep seeing the same problems over and over and over, which is in summary, (1) employers are not addressing appearance; (2) employers are not revising the work arrangement, policies, procedures; (3) employers are not getting ahead of technology; (4) employers are not modifying their sick leave; and (5) marijuana usage, employers are not adjusting what they need to do.

Stuart Oberman: [00:08:00] Folks, there’s a lot of things that really, really we need to look out for 2023. We’re going to have some more discussion on this. If you have any questions, please let me know, Stuart Oberman, Oberman Law Firm, stuart, S-T-U-A-R-T, @obermanlaw.com, phone number 404-630 – excuse me – 770-886-2400. Again, 770-886-2400. Please stay tuned for other issues of Advisory Insights. Have a fantastic day.

Outro: [00:08:36] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

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Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

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