In March of 2020, employers were scrambling to keep their businesses afloat. Now, they’re updating processes and procedures to ensure that they’re prepared for any challenge that may come their way.

In their fifth and most recent survey, the Blank Rome team asked employers about their biggest challenges, their return-to-work models, and how the pandemic has affected work environments and operations. What they found is that procedures are changing and affecting businesses and their people for the better.

Now, employers are more prepared than ever for future business disruptions. According to the survey, 69.54% of employers now have an emergency plan of action in place. They’ve familiarized themselves with the challenges and protocols, and now they know what it takes to pivot. Many are lifting safety protocols, including mask regulations and remote-only meetings, however, they’re prepared to reinstitute protocols should another COVID surge take place.

Although employers are prepared for future disruptions, many are facing a plethora of new challenges right now. At the top of each employers’ list of challenges is the Great Resignation. Employees are leaving their jobs at an excessive rate, and employers are working to combat this by changing up traditional models. They’re also focused on revamping hiring and retention practices and wage policies to cater to the needs of employees.

Apart from the Great Resignation, the pandemic has brought about plenty of other challenges. But these challenges have proved that great things can come from difficult times. Not only are employers improving hiring and retention procedures, but they’re also more focused on the physical and mental health of employees. Additionally, they’re advancing diversity, equity, and inclusion initiatives as well as environmental and social governance.

What other changes, challenges, and positive advancements have been brought about by the pandemic?

In this episode of BR @ Work, host Blank Rome Labor & Employment partner William J. Anthony talks with Brooke T. Iley, partner and Labor & Employment co-chair, and Susan L. Bickley, partner. Will, Brooke, and Susan examine the results of Blank Rome’s sixth Employer Workplace Survey and discuss how companies can address the high-stakes obstacles that will play a pivotal role in positioning their businesses for “What’s Next.”

Name: William J. Anthony

What he does: As a Partner at Blank Rome, Will’s labor and employment practice focuses on class, collective, and multi-party actions. He also provides training on management skills, discrimination, harassment, and other labor topics nationwide.

Company: Blank Rome LLP

Words of wisdom: “It does seem like we should be prepared for disruption for probably forever.”

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Name: Susan Bickley

What she does: Susan is a Partner in Blank Rome’s Labor and Employment practice, and she’s the Chair of their Houston office. Susan has over 30 years of civil trial and appellate experience in employment litigation for private and public employers, litigation involving commercial and business disputes, trade secret litigation, and the defense of claims against professionals. She serves a diverse range of clients, including publicly held corporations, smaller companies, and start-ups, as well as public entities and their officials.

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New legislation is changing the way employers resolve claims.

On March 3rd, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. A culmination of the MeToo movement’s efforts, this law amends the Federal Arbitration Act to prohibit mandatory pre-dispute arbitration agreements for sexual assault and sexual harassment claims.

However, many claims other than sexual assault and harassment cases can be pushed to arbitration. The Blank Rome team analyzes the various benefits of arbitration, including confidential proceedings, cost savings, and the class waiver to protect from class actions.

Another act that may affect employers in the future is the FAIR Act. This act would prohibit all forms of mandatory employment arbitration. While the FAIR Act likely lacks the bipartisan support to pass the Senate, employers should monitor this legislation for developments.

In this episode of BR @ Work, host Will Anthony talks with Alix Udelson, Associate at Blank Rome, and Ted Meyer, Partner at Blank Rome. They examine the new arbitration agreement changes, legislation in the pipeline, and address what employers can do to ensure that their policies and procedures meet contemporary standards.

Name: William J. Anthony

What he does: As a Partner at Blank Rome, Will’s labor and employment practice focuses on class, collective, and multi-party actions. He also provides training on management skills, discrimination, harassment, and other labor topics nationwide.

Company: Blank Rome LLP

Words of wisdom: “Let's all listen a little bit more, judge a little less, and maybe do something good for others every day.”

Connect: LinkedIn | Email

Name: Alix Udelson

What she does: Alix is an Associate in Blank Rome’s Labor and Employment sector. She represents and counsels employers across a range of matters, including discrimination and harassment, retaliation, wage and hour, failure to hire, and wrongful termination. Alix routinely devises and reviews employment guidelines and policies and works to address an array of workplace issues.

Company: Blank Rome LLP

Words of wisdom: “Every so often we get these laws, [and] a good reminder is to re-review policies to begin with.”

Connect: LinkedIn

Name: Ted Meyer

What he does: Ted is a Partner in Blank Rome’s Labor and Employment sector. He has over 25 years of experience representing employers in labor and employment matters, with a background in home building, technology, financial, energy, oil and gas, and mortgage and title industries. Ted counsels national employers, represents large and small companies in litigation proceedings, and provides representation on disputes with departing executives and managers.

Company: Blank Rome LLP

Words of wisdom: “We've seen these things flip back and forth over the years with political administrations as the winds change. So, who knows where we might be in another two, or four, or six years.”

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In this episode of BR @ Work, host Will Anthony, lawyer and Partner at Blank Rome LLP is joined by Marla Persky, experienced attorney and co-founder of WOMN LLC, and Kim Gacso, Founder of Shine, LLC. Marly and Kim discuss how a strong company ethos adds value to an organization.

Creating a strong company ethos can be the guiding factor for decision-making, including decisions related to hiring, talent management, investment, and customer service.

Throughout this episode, Will and his guests highlight the importance of operating in a way that aligns with company values.

“We've all heard that old phrase, culture eats strategy for breakfast,” says Kim. “From my experience in 25 years of HR, and particularly in leadership development and team coaching, it could not be a more true statement. You can have the best intentions, you can have words on a wall, but if the culture isn't living and breathing what you want that ethos to be, you're never going to execute on the strategy that you've put out.”

Will, Marla, and Kim also provide practical tips for HR professionals and legal teams who are struggling behind-the-scenes to manage the many tasks thrown at them on a day-to-day basis.

Their advice includes giving professionals in the field permission to try new strategies and shift approaches or when something doesn’t work.

New policies and processes don’t need to be perfect to be worth trying. Marla and Kim both stress the importance of strategic prioritization at a time when many teams feel overwhelmed with the number of tasks they’re managing.

Name: William J. Anthony

What he does: As a Partner at Blank Rome, Will’s labor and employment practice focuses on class, collective, and multi-party actions. He also provides training on management skills, discrimination, harassment, and other labor topics nationwide.

Company: Blank Rome LLP

Words of wisdom: “I have always encouraged my clients to have a well-publicized, well known, and well used internal complaint procedure, something where people have the opportunity to raise any concerns or thoughts, suggestions — a way to communicate internally.”

Connect: LinkedIn, Email

Name: Marla Persky

What she does: As a Corporate Board Director/Advisor, Marla has accumulated 20+ years of international senior business and legal experience leading global pharmaceutical, device, diagnostic, biologic, and over-the-counter (OTC) product businesses and legal departments. She has a background in M&A/ROI optimization expertise as a key member of acquisition teams both in the US and globally. Marla is the co-founder of WOMN LLC, a consulting company dedicated to helping women succeed in the business of law.

Company: WOMN LLC | BarkerGilmore

Words of wisdom: “We want to make a difference. We want to have an impact. We want to be proud of what we're doing and who we're doing it with. And so the positive message is, take the time to circumvent your life and find what makes you happy and do more of it.”

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