In this episode, AGG Employment partners Henry Perlowski and Theresa Kananen tackle one of the most prevalent workplace challenges: managing employee performance issues when illness or disability is a factor.

While every situation is unique, Henry and Theresa outline legal principles and considerations to help employers balance performance management with compliance under the ADA, FMLA, and other laws. They share strategies for recognizing risks, avoiding retaliation claims, and developing a path forward when approaching these sensitive situations. Henry and Theresa also walk through three real-world scenarios to address practical considerations for employers facing similar issues.

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed ban in 2024 garnered a lot of attention, it remains stalled and the real action is now happening at the state level.

Megan, Rick, and Lindsey walk through key questions employers should ask before entering into restrictive covenants, highlighting the wide variation in state laws, and explaining how some jurisdictions are taking unique approaches — including salary thresholds, notice requirements, and “garden leave” obligations. The conversation also covers the increasing regulation of non-competes in the healthcare industry and how courts evaluate scope and reasonableness in enforcement.

In this episode, AGG Employment partner and co-chair, Ashley Kelly, speaks with leaders of the firm's new Civil Rights & False Claims Act Risk & Response Team, Gabe Scannapieco and Sara Lord, about the DOJ’s recent move to expand False Claims Act ("FCA") enforcement to include diversity, equity, and inclusion ("DEI") initiatives. The conversation covers the structure of the FCA, takeaways from the DOJ’s May 19 memo, and how whistleblower incentives and public reporting may fuel increased scrutiny.

Gabe and Sara also offer practical insight into how government contractors and organizations receiving government funding can mitigate risk and maintain compliance as DEI policies come under closer federal examination.

In this episode, AGG Employment partners Ed Cadagin and Megan Mitchell discuss considerations for employers addressing leave and reasonable accommodation requests from employees. In particular, Megan and Ed focus on the interplay between FMLA leave and the ADA interactive process. They also cover how the Pregnant Workers Fairness Act impacts the interactive process.

In this episode, AGG Employment partners Ashley Kelly and Theresa Kananen and AGG Government Contracts partner Tenley Carp discuss the significant changes to DEI programs under the Trump administration. Together, they explore recent executive orders affecting federal contractors and grant recipients, potential enforcement actions, and how private companies are responding to these policy shifts. They also share compliance considerations and the legal challenges affecting the future of DEI initiatives.

In this episode, AGG Employment partners Ashley S. Kelly and Theresa Y. Kananen and Employee Benefits & Executive Compensation of counsel Tia L. Martarella discuss a strategy that many employers feel may encourage employees to receive the coronavirus vaccine and reduce health plan costs: health plan premium surcharges. The discussion includes an overview of the (many) rules and regulations governing health plan premium surcharges, as well as potential legal roadblocks.

In this episode, AGG Employment partner Theresa Y. Kananen and Employee Benefits and Executive Compensation of counsel Tia L. Martarella discuss the requirement under the American Rescue Plan Act that employers subsidize COBRA benefits for certain individuals for a period of six months, from April 1, 2021 to September 30, 2021.

In this episode, AGG Employment and Litigation attorneys Megan P. Mitchell and Edward P. Cadagin discuss considerations for employers who are thinking about implementing a mandatory COVID-19 vaccination policy, or who wish to offer incentives to employees who receive a COVID-19 vaccine. Megan and Ed also discuss the EEOC’s updated guidance on vaccination in the workplace.