This Week at Work: An HR and Employment Law Show

AI is quickly moving onto the factory floor through cameras, monitoring systems, productivity tools, and automated decision-making. While these technologies can improve safety, efficiency, and workforce management, they can also create significant privacy, employment law, and compliance risks. The challenge for manufacturers is understanding that the legal requirements often depend on what the technology does and how its information is used. Phil Brandt and Burt Garland discuss what manufacturers should consider before deploying AI—and how to use it responsibly once it’s in the workplace.

Comp time sounds like a simple, employee-friendly benefit—but for many employers, it's actually one of the most misunderstood and legally risky practices in the workplace. Today, we'll separate fact from fiction and explain what every HR professional and business leader needs to know before offering time off instead of overtime pay. Phil Brandt and Burt Garland discuss the legal implications. Five Common Misconceptions "Employees agreed to it." Employee agreement does not eliminate FLSA obligations. Protected wage rights generally cannot be waived simply because both parties prefer another arrangement. "We're a small company." Many smaller employers remain subject to federal overtime requirements. Organization size alone does not determine coverage. "They're salaried." Salary alone does not determine exempt status. Job duties, salary basis, and applicable legal tests determine whether overtime rules apply. "Flexible schedules are illegal." Not at all. Employers can often adjust schedules within the same workweek to avoid overtime while remaining compliant. The key is that overtime calculations are based on the workweek—not future weeks. "We've always done it this way." Longstanding practice does not create legal compliance. Many wage-and-hour investigations begin after an employee complaint reveals an informal policy that has existed for years.

This episode covers one of the biggest developments we've seen from the EEOC in several years. If you think the EEOC's new National Enforcement Plan is just another government policy update, think again—it could significantly change how employers are investigated and held accountable.

What happens when employees claim they worked hours they were never paid for? In this episode of This Week at Work, Phil and Burt unpack a landmark federal court ruling that limits FLSA overtime gap-time claims and explore critical lessons employers need about wage-and-hour compliance, recordkeeping, overtime calculations, and employee classifications.

Who’s really the employer? The U.S. Department of Labor’s proposed Joint Employer Liability rule could significantly impact how businesses work with staffing agencies, subcontractors, franchisees, and other third-party partners. In this episode, employment law attorney Burt Garland breaks down the proposed four-factor test, explains the difference between vertical and horizontal joint employment, and outlines what employers should be doing now to prepare. For business leaders, HR professionals, and owners, this discussion provides practical guidance on reducing risk, reviewing key business relationships, and staying ahead of regulatory changes that could affect compliance, liability, and workforce strategy. If your organization relies on any type of contingent labor or partnership model, this is a conversation you can’t afford to miss.

Compensation is no longer just an HR function, it's a business strategy that directly impacts recruiting, retention, performance, and employee trust. In this episode of This Week at Work, Phil Brandt sits down with compensation expert Michael Maciekowich to explore how pay transparency is exposing hidden weaknesses in compensation programs, why organizations must align pay with business goals, and the critical role managers play in communicating compensation decisions. If your leaders can't clearly explain how pay works, your compensation program may be creating risk instead of building trust—and this conversation will show you how to fix it.

Meta Ray-Bans, translation earbuds, AR headsets — recording-capable wearables are already showing up in workplaces every day, often before anyone in HR realizes it. The policies most employers rely on were written for a world where recording meant pulling out a phone. That world is gone. Phil Brandt sat down with employment attorney Burt Garland of Ogletree Deakins to unpack the legal exposure most employers haven't thought through yet — consent laws, BIPA, NLRA Section 7, ADA accommodation, and the records problem nobody's talking about. If your handbook hasn't been updated for what's already walking through your door, this is the one to watch or read before the next policy review.

Military leave is quickly becoming a frontline issue for employers as global tensions increase the likelihood of National Guard and Reserve activations. HR leaders may face short-notice deployments, extended absences, and complex reemployment obligations — all governed by strict compliance requirements. In this episode of This Week at Work, we break down what employers need to know now, including military leave fundamentals, common compliance risks, policy best practices, and practical steps to prepare your organization. You’ll gain real-world insight to help support employees serving in the military while protecting your business from avoidable risk. If military leave hasn’t been on your radar, it should be now. This conversation helps HR leaders move from uncertainty to readiness with clear, actionable guidance.

Everyone’s staying, but are they still showing up? Turnover is down, but so is energy. From hybrid fatigue to economic caution, employees may be staying put, but not leaning in. Learn why today’s disengagement looks different, how to spot the early signs, and what leaders can do to re-ignite focus before top talent quietly checks out. Phil and Burt are joined by leadership strategist Tanya Zion for a timely conversation about the signals employers can’t afford to miss. Using the latest Gallup data, she explains why employees are staying put yet feeling disconnected, how unclear expectations are fueling burnout, and what managers must do differently to develop today’s workforce. Timestamps: 00:00 – Welcome 02:59 – Lawyer on the Clock begins 03:09 – EEOC rescinds 2024 harassment guidance explained 07:00 – State-by-state DEI and affirmative action rollbacks 10:06 – EEOC sues Nike over race discrimination investigation 12:23 – FTC targets law firms and Mansfield Certification 19:38 – AIM updates and transition to Tanya Zion 21:01 – Engagement down while retention rises – Gallup insights 26:31 – Rethinking the manager’s role and clear expectations 29:10 – AI, cognitive offloading, and critical thinking risks 35:01 – Celebrating incremental wins and practical leadership takeaways Be sure to "Like" and Subscribe! Learn more about becoming a member of AAIM at https://aaimea.org

Send in your questions to hrask.org/account/questions/aaim/128 or leave your questions in the chat! In Episode 360, Phil is joined by Melissa Pesce of Ogletree Deakins and executive coach Leslie Mizerak to break down the workplace issues leaders and HR professionals need to understand right now. Our panel covers timely legal guidance on FMLA and snow day closures, what employers should know about remote work as a disability accommodation, and how clear policies can reduce risk. Then the conversation shifts to the growing role of executive coaching in leadership development, managing change, and preparing high-potential employees for succession. Timestamps: 00:01:36 – Phil welcomes Melissa Pesce back to the show 00:02:46 – Introduction of executive coach Leslie Mizerak 00:03:22 – Leadership trends and upcoming AIM events update 00:04:22 – Lawyer on the Clock 00:04:49 – FMLA guidance on snow days and unexpected closures 00:10:16 – Remote work and ADA accommodation case update 00:17:01 – Coaching misconceptions and modern purpose 00:28:44 – Coaching for succession planning and high-potential leaders Subscribe for weekly workplace insights on HR strategy, leadership development, and employment law updates. Learn more about becoming a member of AAIM at https://aaimea

Send in your questions to hrask.org or leave your questions in the chat! In Episode 359 we welcome Beltway insider Jim Plunkett for a practical breakdown of how recent disruptions are shaping the year ahead for employers. The conversation explores where employment policy is really being made, why federal agencies may have more influence than Congress, and how shifts at the Department of Labor, NLRB, and EEOC could impact employers in 2026. The panel also takes a look at AI hiring risks, emerging discrimination lawsuits, a rare 27-pay-period year, and the growing divide between state and federal workplace rules. This episode is essential viewing for HR leaders and business executives who want to understand what is changing, why it matters, and how to prepare before the next wave hits. Timestamps: 00:00 – Welcome & what Congress did (and didn’t) do for employers 01:31 – Opening banter & why keeping up with policy feels like tennis 03:38 – Lawyer on the Clock: AI hiring tools & Fair Credit Reporting Act risks 07:32 – Uber & Lyft gender-matching lawsuits: damned if you do, damned if you don’t 10:27 – 2026 warning: Why some employers may face 27 pay periods 13:52 – Why 2025 felt so disruptive for employers 17:38 – When agencies drive employment policy, not Congress 19:03 – Independent contractor rules & OSHA heat regulations 23:15 – State vs. federal divide on AI and workplace laws 26:12 – What’s coming from the NLRB, EEOC & DOL in 2026 Learn more about becoming a member of AAIM at https://aaimea

Send in your questions to hrask.org or leave your questions in the chat! Delegation isn’t just about giving work away - it’s how future leaders are developed. With 40% of executives saying leadership development is a serious long-term challenge, we’re asking the BIG question: are leaders actually delegating enough and to the right places? Join us with Lauren Patel (AAIM) as we explore delegation in workplaces where leaders must learn to delegate effectively to both humans and AI. Timestamps: 00:09 – Leadership Development as a 2026 Business Challenge 01:32 – Guest Introduction: Lauren Patel 02:49 – Lawyer on the Clock Begins 03:25 – AI in Hiring and Employment Law Overview 07:45 – EEOC Power Shift and Policy Direction 14:12 – Lawyer on the Clock Wrap-Up 15:35 – Why Leaders Struggle to Develop Future Leaders 18:11 – The Real Barriers to Delegation 29:52 – Delegate Decisions, Not Just Tasks

Send in your questions to hrask.org or leave your questions in the chat! Toxic flattery may sound “nice,” but it’s costing organizations time, talent, and truth. When leaders and tools are rewarded for agreeability instead of honesty, tough questions go unasked, bad decisions stick, and teams stop learning. Join us with special guest Kris Gfell (HR Services, AAIM) as we unpack the epidemic of toxic flattery - and how HR can lead a culture that values candor over comfort. Timestamps: 00:00 — Why 30% of Employees Don’t Feel Safe Speaking Up 01:28 — Welcome Back and Six Years of This Week at Work 03:13 — Introducing Toxic Flattery in the Workplace 03:58 — Lawyer on the Clock: Major Labor and Employment Updates 05:16 — Marijuana Rescheduling and What It Means for Employers 08:12 — DEI Programs Under Legal Scrutiny 10:30 — State Law Changes Employers Must Know in 2026 14:49 — Illinois Employment Law Updates That Impact HR 19:17 — What “AITA” Culture Reveals About Validation and Feedback 29:57 — How Leaders Create Alignment Without Toxic Flattery

Send in your questions to hrask.org or leave your questions in the chat! For episode 356, Leaders are increasingly leaning on AI tools - and HR - for guidance, decisions, and direction. When AI and HR act as crutches, leadership capability erodes. When used as coaches, they scale judgment, confidence, and performance. Working alongside company leadership, HR must design training and development that uses AI to reinforce leadership, not replace it. Timestamps: 00:13 – AI, Coaching, and the Workplace Questions Defining 2026 03:40 – Lawyer on the Clock Begins: SHRM Ordered to Pay $11.5M in Race Discrimination Case 05:54 – Service Dog ADA Lawsuit: Where the Interactive Process Broke Down 09:32 – Recap of Department of Labor Guidance in first year of 2nd Trump Administration 14:32 – The “Dumbbell Effect”: How AI Is Reshaping the Job Market 21:10 – According to AAIME Hart: Key to Leadership Success Coaching Series 23:40 – Philburt's Phorum is back 24:40 – Matt Wideman: Why Coaching Should Start on Day One of Onboarding 29:40 – How AI can help with difficult conversations with your team 39:21 – Final Takeaways, Listener Question, and Holiday Wishes Tune in to learn how to keep coaching as a core leadership skill in 2026.

Send in your questions to hrask.org or leave your questions in the chat! For episode 355, Dr. Scott Koeneman - 3rd-degree black belt, Lean Six Sigma expert, hypnotist, and author - joins us to explore the “Great Realignment.” As AI strips tasks away from traditional roles, we ask: What is a job now? What do employers truly need, and what do employees now value in a career? Dr. Scott breaks down why reskilling matters, where human nuance still wins, and how AI levels the playing field for small businesses while challenging large ones. Plus - in a world where even layoffs can be automated - what does it mean to be “let go” today? Timestamps: 00:42 - Welcome & Show Intro 02:40 - Guest Introduction: Scott Koeneman 04:00 - Scott’s Book: Quantum Intern Year One 04:50 - Veteran Work & Community Involvement 06:06 - Lawyer on the Clock: Fed Chairman Press Conference Thoughts 16:38 - According to AAIME Hart: Compliance Checklist 20:36 - Four Key Skill Buckets for the Future Workforce 29:03 - W2 vs 1099 & Project-Based Work 34:37 - AI in Small Business & Main Street Impact REGISTER NOW! AAIM’s Payroll Tax Update is coming up fast on December 12th! Your best defense against future payroll errors. Click the link to sign up: https://aaimea.org/payroll-tax-update-2025/

Send in your questions to hrask.org or leave your questions in the chat! For episode 354, we’re joined by Inclusion Thought Leader Fred Falker for a candid conversation about leadership’s role in actually building an inclusive culture. Hint: it isn’t achieved through statements or slogans. It happens through action. At its core, an inclusive culture should expand the circle, not redraw the lines - and only consistent leadership behaviors make that possible. Plus, a full sweep of this week’s must-know employment-law headlines Timestamps: 01:03 — Open 01:12 — Phil Discusses Employee Misalignment Trends 02:41 — Fred Falker joins the show 05:39 — Lawyer on the Clock: SHRM, Job Market, NLRB 15:34 — AI HR Advisor AAIME Hart Shares Important Updates 17:15 — Fred Falker on Changing Workplace Culture 26:38 — Phil Discusses the Importance of Business Promises 32:43 — Measuring Culture: Employee Experience & Belonging REGISTER NOW! AAIM’s Payroll Tax Update is coming up fast on December 12th! Your best defense against future payroll errors. Click the link to sign up: https://aaimea.org/payroll-tax-update-2025/

Send in your questions to hrask.org or leave your questions in the chat! This week on This Week at Work, we sit down with Sam Goodwin: one of the few to visit all 193 countries. In 2019, Sam’s journey took an unexpected turn when he was abducted in Syria and falsely accused of being a spy. Now a speaker, author, and expert on resilience, Sam shares how his experience taught him to lead through chaos, embrace uncertainty, and find purpose in the most unlikely places. Don’t forget to register for AAIM’s Payroll Tax Update on December 12th! Your best defense against future payroll errors. Click the link to sign up: https://aaimea.org/payroll-tax-update-2025/ Timestamps: 00:36 – Welcome, Preview of today's guest Sam Goodwin 03:01 – Lawyer on the Clock: The Layoff Explosion & What It Means 05:36 – The Hidden Talent Mismatch Problem in the Hiring Market 08:29 – Major Shift at the EEOC: Religious Discrimination Under the Microscope 11:06 – Enforcement Is Back: DEI Programs Face Legal Heat 14:39 – Meet Sam Goodwin: Athlete, Traveler, Author of “Saving Sam” 16:31 – Sam’s Arrest in Syria 20:22 – Surviving Solitary & Life in a Syrian Prison Cell 24:04 – Sam on what led him to Hockey, Faith & Mindset after captivity 28:50 – Turning Uncertainty into Opportunity: Sam’s Three-Step Framework

Send in your questions to hrask.org or leave your questions in the chat! In this episode, Phil and Burt welcome Lauren Patel to explore the urgent need for “Double Fluency” - the ability to not only engage with AI, but also to strengthen the uniquely human skills that AI can’t replicate. Drawing from the WEF’s Future of Jobs Report, they break down what HR and business leaders must do now to prepare their teams for a future where fluency in both tech and soft skills defines success. Timestamps: 00:00 – Are You Training Your Team to Think With AI? 01:33 – Phil and Burt Debate Robots and “Optimus” at Home 03:25 – Why Phil’s Waiting for Elon Musk’s Optimus Robot 05:28 – Lauren’s First Reaction to Seeing “Neo” the Robot 07:32 – Lawyer on the Clock: The Home Depot Dress-Code Case 10:10 – What Counts as “Protected Activity” at Work? 17:23 – Starbucks Union Pins and the Future of Dress Codes 21:02 – Aaime’s HR Updates: Payroll and Leadership Training 22:24 – Double Fluency: Balancing Tech and Human Skills 36:21 – Government Reopens: What It Means for Employers Remember to sign up for AAIM’s payroll tax update that can save your company from any payroll mistakes in the future! Click the link to sign up: https://aaimea.org/payroll-tax-update-2025/

Send in your questions to hrask.org or leave your questions in the chat! When employees miss the mark, it’s often not about skill — it’s about clarity. In this week’s episode, Tanya Zion from AAIM joins Phil and Burt to unpack how the “why” behind decisions gets lost between leadership and employees. Discover how HR can help leaders bridge that gap, so every message connects, every action aligns, and every team moves with purpose. Timestamps: 01:34 – Welcome and Burt's Win in Court 04:45 – The New Trends of Helicopter Parents 05:43 – Lawyer on the Clock 14:00 – Supreme Court Showdown Ahead 15:30 – Starbucks Strike Brewing 17:00 – Goodbye to the Penny 21:00 – Aaime Hart with AAIM's 39th Annual Payroll Tax and Fringe Benefits Update 23:00 – Communication Breakdown at Work 33:50 – The Power of Purpose Remember to sign up for AAIM’s payroll tax update that can save your company from any payroll mistakes in the future! Click the link to sign up: https://aaimea.org/payroll-tax-update-2025/

Send in your questions to hrask.org or leave your questions in the chat! Many HR professionals feel stuck in administrative roles. This episode of This Week at Work features Phil and Burt with Kris Gfell (Business Manager at AAIM) to explore how HR professionals can evolve from operational tasks to business leadership. The discussion will cover current HR challenges, organizational needs, and essential skills. Plus - don’t miss the critical payroll tax update that could cost your company if you’re not ahead of it. Become a member today! Click the link below: https://aaimea.org/membership/ Timestamps: 01:27 – Halloween Jokes and Payroll Update 02:44 – Lawyer on the Clock: EEOC Power Shift 08:00 – Government Shutdown Costs Businesses 09:12 – Fed Rate Cuts and AI Layoffs 13:00 – Fun with NEO: The $20K Office Robot 20:23 – Guest Chris Gfell on HR Strategy 22:40 – How HR Becomes a Strategic Partner 33:06 – Closing: Embracing Change in HR