Episode 6 – Sans Underwear
True or false: — Punching your colleague at the work holiday party over a work disagreement is a good way to move your career forward. — To spruce up your holiday party, have it at a spa! — You should...
View ArticleSpecial Episode 2 – How to Make Your Holiday Party Dull (Kate Bischoff)
Episode 6, in which HR advisor and employment lawyer Kate Bischoff of tHRive Law and Consulting joins us to discuss how manage risk at your holiday party without making it…not fun. If you don’t...
View ArticleEpisode 7 – Asbestos is Bestest
Everyone loves a Bad Santa. We have two for you… One is a department store Santa with a thing for his elven helpers. The other is a Santa who moonlights as a Navy Admiral with an unfortunate penchant...
View ArticleEpisode 8 – Phallus, with Accoutrements
Steven was sued by Brenda for unpaid overtime, even though she never worked for him. So messed up. Oh, the wheel penis in the sky keeps on turning, don’t know where I’ll be tomorrrrrrow… (Who doesn’t...
View ArticleEpisode 9 – Rainforest Fresh Completely Clashes with Spice Island
We discuss what may be the worst ADA claim ever — about body odor — from our friends Jon Hyman and Suzanne Lucas. Also, Oregon and New Jersey — Marc’s adopted and native states, respectively — each...
View ArticleEpisode 10 – I Mean Bombthrowing Figuratively, Of Course
Ann Fromholz joins us. She’s the bomb. Like, seriously. If you’re in California and need help, you should hire her. We discuss the Damore v. Google complaint. It has plenty of words, but actually feels...
View ArticleEpisode 11 – Aquagirl
Hey hey peeps. First off, we sincerely apologize for the sound quality of this episode. We’re not sure what happened, but I suspect it has something to do with Dennis’s 1997 laptop with the Intel 386...
View ArticleEpisode 12 – So far outside the bounds of decency…
We discuss Ellingsworth v. Hartford Fire Insurance Company, and consider whether sexual orientation claims can be covered by federal discrimination laws. And, our esteemed Attorney General, Jeff...
View ArticleEpisode 13 – Clean the Trailer (While Wearing a French Maid’s Costume)
The case of Jennifer and Dan is Westendorf v. West Coast Contractors of Nevada, Inc. Our case of the vacationing FMLA non-abuser is Jones v. Gulf Coast Healthcare. Only two days left to buy HWE tees...
View ArticleEpisode 14 – Santa Comes and Murders the Group with an Axe
Many thanks to our good friend Dan Schwartz of Shipman and Goodwin for joining us to discuss bad romance. His Connecticut Employment Law Blog is the grand-daddy gold standard of employment law blogs....
View ArticleEpisode 15 – Not Entirely Peaches and Cream
Many thanks to Suzanne Lucas, the Evil HR Lady for joining us! A new way to report workplace harassment and misconduct. No, not him. We mean this new chatbot, Talk to Spot! Last here are the two cases...
View ArticleEpisode 16 – A Crazy Sexist Pig
The show notes are pretty basic this week… First, our British prank story. And here’s some great advice about managing pranks in the workplace. Last, here’s some additional information about the sexist...
View ArticleEpisode 17 – One Boob Grab Gets the Whole Company Kicked Out
Our first of what is presumably many update episodes! The Supreme Court denied certiorari in Consol Energy v. EEOC, a case we discussed in Episode 1. This is the case where a coal miner employee was...
View ArticleEpisode 18 – The Nurse Capades on Ice
This one is for the recruiters! Marc and Dennis discuss several cases on how recruiters/employers get themselves into legal hot water with hiring. The DOL does an audit and uses math and statistics to...
View ArticleEpisode 19 – Don’t Throw the Feces of Deceased People in the Workplace
So, you think you have a crappy job? We’re willing to bet it’s not as crappy as this whisteblower’s job in a crematorium. (Warning-if the title of this episode creeps you out, you should really...
View ArticleEpisode 21 – The Per Capita Strip Club Capital of North America
Dennis returns from trial. We discuss first day of law school scary stories. Marc asks when is a BFOQ really a BFOQ. A discussion of Hamilton. Marc totally name-drops Lin Manuel. Christian colleges...
View ArticleEpisode 22 – Hate to Break it to You, But I Think You’re an Anti-Semite
Marc and Dennis talk about Jewish Holidays, a clever segue into an epic tale of antisemitism, intolerance, the internet, poor choices, and lard pie crusts. They break down an equally epic live twitter...
View ArticleEpisode 23 – Flippin’ the Proverbial Bird
Can you really get fired for flipping the bird? What if you flip off POTUS’s motorcade? What if you work for a government contractor? What if you post a photo of you flipping off POTUS’s motorcade on...
View ArticleEpisode 24 – She Makes Jello Salads
Marc and Dennis discuss the issues of the day: resume fraud, identity theft, wage theft, wine theft, underage drinking, sitting, standing and powerwashing. Not necessarily in that order. Twitter...
View ArticleEpisode 25 – There’s Never Enough Buffet
Why is Marc’s office building such a historic location? What do buffet restaurant employees and college football players have in common? What is the law of butt dialing? (Thanks Eric Meyer!) What would...
View ArticleEpisode 26 – Fluids
Marc and Dennis take on the world of swearing at work. When can you tell the boss to go &$^%#! himself and still keep your job? Learn why referring to your workplace drama as “____gate” might get...
View ArticleEpisode 27 – Butt Download
When can you fire someone for their inappropriate behavior – that had nothing to do with work? What if they are the chair of a gigantic law firm? When can you use the job description cliche “other...
View ArticleEpisode 28 – Ten Minutes of Scatological Wonder
An episode of nothing but bland filler as we wait for something interesting to happen in the world of employment law. We discuss: The merits of Canadian doughnut chains; Patrons throwing their fecal...
View ArticleEpisode 29 – Loud and Angry
Anyone can complain about sex harassment, but Marc and Dennis discuss more novel ways to take revenge on one’s handsy tormentor. Can MMA fighters unionize? And, what do you do when an executive “let’s...
View ArticleEpisode 30 – A Thousand Things to Get All Butthurt About
What do you do when you get fired because your boss tweeted some racist nonsense (and blames it on Ambien)? Marc and Dennis discuss whether the cast and crew of Roseanne have a claim against their...
View ArticleEpisode 31 – The Hamslinger
When is it okay to discriminate against gay folks? (Hint: never.) When is it okay to call someone the C-Word? (Hint: never.) When is it okay to throw sizzling hot ham in a coworker’s face? (Hint:...
View ArticleEpisode 32 – Mountains and Mountains of Cocaine
It’s the All-Florida Episode! Where can you serve booze to your alcoholic employee, lock them out of the building, and then make them walk home so they get hit by a train? Florida! Where can you fire...
View ArticleEpisode 33 – Legal But Dumb
We begin with some practical (but certainly not legal) advice on how to intelligently conduct an equal pay audit without just opening your wallet to the class action lawyers. Marc and Dennis debate...
View ArticleEpisode 34 – Proofread and Don’t Shoot People
Holy punitive damages, Batman! Marc tells Dennis about the biggest employment case verdict in Massachusetts history. An FBI agent goes off half-cocked (not a euphemism). Trigger warning (no pun...
View ArticleEpisode 35 – The Dark Ages of Deoderant
Some people work for peanuts, other people won’t work in a workplace with peanuts — Marc and Dennis explore a disability lawsuit where peanuts figure quite prominently. Dennis tells an international...
View ArticleEpisode 36 – Fire Pole
It’s hot out there, so some employees are making it hot in here by ignoring standards of appropriate dress! Like, can you wear the stars and bars to work? Can your boss make you wear high heels? How...
View ArticleEpisode 37 – Dead People are Really Bad at Paying Their Bills
Marc and Dennis return to their favorite industry – funeral homes – to discuss a serious issue: What should you do when you find out the owner of the company is engaging in horrific sex harassment...
View ArticleEpisode 38 – Speak From Your Scars, Not From Your Open Wounds
I am writing to inform you that Marc has decided to leave the Hostile Work Environment to spend more time with his family, and Dennis has decided to leave to pursue other interests. (Just kidding —...
View ArticleEpisode 39 – When You Don’t Know the Law, Ask Google!
Since I’m a small employer, I can totally discriminate against people, right? Not so fast! Marc and Dennis talk about the importance of location, location, location when it comes to employment law...
View ArticleEpisode 40 – C U Next Monday
We can’t advise strongly enough against posting revenge porn. Especially if you happen to be an airline pilot and you name your employer when you post it. But what is an employer to do? Find out...
View ArticleEpisode 41 – The Raving Racist Customer is Always Right
What should a hospital do when a patient insists on a female doctor? A Muslim therapist? A white nurse? Marc and Dennis break down the legal issues that arise when a customer demands service based...
View ArticleEpisode 42 – Stupid and Lazy
Don’t you just hate it when the strippers you thought were properly classified turn out to be employees and sue you for unpaid overtime? What do you mean that’s never happened to you – you think you’re...
View ArticleEpisode 43 – Slavery: Still Bad
Here’s a topic we never thought we’d have to talk about: Slavery. Turns out human trafficking and indentured servitude still exists in the American Workplace (well, at least two workplaces in South...
View ArticleEpisode 44 – Work is Boring
Which is the more heinous offense: Using a bad pun on your name as a business name, or forcing your employees to attend bible study during working hours? Do your good intentions outweigh your...
View ArticleEpisode 20 – Now With Less Schlub
The historic crossover episode you’ve ALL been waiting for. We welcome the hosts of the HR Social Hour Half-Hour Podcast, Wendy Dailey and Jon Thurmond! They try to one up each other with stories from...
View ArticleEpisode 45 – I Hate Them and I Hope They All Burn
Marc and Dennis are coming to you from #ASHHRA18 in beautiful Pittsburgh PA! Why does the U.S. Women’s soccer team get paid a fourth of what the Men’s team gets paid, even though they are clearly way,...
View ArticleEpisode 46 – It’s My Service Stallion!
We’ve been waiting a long time to talk about this one: service animals! What is a “real” service animal? What do you do when an employee shows up with their “emotional support wolverine?” What should...
View ArticleEpisode 47 – A Judge is Kinda Supposed to Know the Rules of Evidence
Is it a BFOQ for a judge to know the rules of evidence, or how to make a cogent argument? Should that go double for a Supreme Court Justice? Marc and Dennis (both admitted Bolsheviks) give their take...
View ArticleEpisode 48 – We’re Better Than Vodka
Can a workplace lawfully ban dreadlocks? Is that racist, or anti-Rastafarian? Does a policy banning “caps” apply to headscarves? Also, what do you do if you inadvertently say a really racist thing to a...
View ArticleEpisode 49 …and a Horse
So, you fired the person you concluded committed a workplace sexual assault – and now that person is suing you for sex discrimination! Can that happen? Marc and Dennis discuss what duties (if any)...
View ArticleEpisode 50 – The Death and Dismemberment Episode (Live from PHRMA Oct 2018)
Wow – our 50th episode, and it was recorded live! Four great stories all about workplace onanism. When is an employer responsible for preventing its employees from murdering one another? And two...
View ArticleEpisode 51 – sweetthang@hwepodcast.com
Why did Google employees around the globe walk off of their jobs last week? Are their demands reasonable? Do they want to use Internet Explorer? And should you conduct a police-style lineup to identify...
View ArticleEpisode 52 – Sometimes You Should Just Shut the Fork Up (Live from PNERF...
What are the top five employment law risks you should know about? Is it okay to classify your fast food workers as executives? How can a job interview lead to a lawsuit? Is Catholo-Satanism a real...
View ArticleEpisode 53 – Dennis Corrects His Wild, Flaming Idiocy
What topic was so horrifically awful that even Dennis didn’t think Marc should present it to a live audience? Listen and find out…if you dare! We also launch a new segment we like to call “Dennis...
View ArticleEpisode 54 – Long and Tedious
We have a very special episode–our last. We go out with a bang, starting with a news item of a very unique form of harassment, and where we learn not to go to your boss for a pelvic exam. Then, we go...
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