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Employment Law Today

Tuesday, November 10, 2020
10
Nov

2020/11/10 - Navigating The Blurred Lines Between Work & Personal Life

[NEW EPISODE] COVID-19: Navigating The Blurred Lines Between Work & Personal Life

With emerging technology over the past two decades, the lines between one's personal life and professional life often become blurred, as social media, texting, and other forms of expression make it harder for business owners and employees alike to "unplug" from work.

Add in a pandemic, a virtual workforce, and the boundaries around privacy, "on" and "off" time have become more emmeshed.

On this show, we will be exploring methods for business owners to carve out healthy separation between work and personal life - for themselves and their employees - with my guest Lisa Renee Pomerantz, Esq.. A great show for employers and employees alike!

Tune in for this informative conversation at TalkRadio.nyc or watch the Facebook Livestream by clicking here.


Show Notes

Segment 1

Eric introduces the guest of the show Lisa Renee Pomerantz. They start the conversation with Eric inquiring on why the blurring of personal and professional lives during the pandemic can be problematic when it comes to employer liability. They also talk about overtime law and other violations employers must be aware of.

Segment 2

Lisa continues the conversation by addressing some of the ramifications of working at home and doing everything electronically, and how employees should be instructed to keep sensitive information safe and secure. They also talk about an employees individual responsibility when it comes to using technology and equipment and a potential return to the office space.

Segment 3

Lisa talks about employee policies and how employers should adapt these for the digital landscape, especially when it comes to social media. She explains how these policies should be implemented in the wake of Zoom and extended online usage during the pandemic. Eric chimes in with a few of his own observations of irresponsible and reckless usage of social media sites and Lisa speaks on the importance of tying all loose ends digitally once an employee is terminated.

Segment 4

They continue to talk about blurred personal and professional boundaries and how employment law is catching up to the current circumstances that surround the business world. They close out the show with Lisa sharing a couple final thoughts, sharing the date for an upcoming Dispute Resolution Association conference, and dropping her website and contact information for listeners.


Transcript

00:00:37.290 --> 00:00:47.220 Eric Sarver, Esq.: Good evening. Welcome to employment law today. My name is Eric soccer from the Law Offices of Eric M solver and employment law business law attorney.

00:00:47.460 --> 00:00:57.600 Eric Sarver, Esq.: And I'm also the host of this weekly show that meets on Tuesdays 5pm to 6pm Eastern Standard Time and the purposes of my show employment law today are threefold.

00:00:58.050 --> 00:01:07.110 Eric Sarver, Esq.: What the first part is to inform educate our audience our listeners mainly small to mid sized businesses. Companies, and startups.

00:01:07.320 --> 00:01:16.170 Eric Sarver, Esq.: So that they have an idea as to what's going on in the world of Labor, Employment Law and how that impacts them particularly now and learn the coven 19 pandemic.

00:01:16.980 --> 00:01:26.400 Eric Sarver, Esq.: And the second part of my show has been to provide resources from other trusted advisors who can help guide your business through the pandemic in other areas, such as

00:01:26.970 --> 00:01:36.450 Eric Sarver, Esq.: The marketing or cyber security financial planning and other legal considerations and the third part of my show is going to inspire and motivate

00:01:36.930 --> 00:01:45.060 Eric Sarver, Esq.: My audience and listeners through the experiences of our guests. So with that background in mind. I'm very pleased to introduce

00:01:45.630 --> 00:02:00.570 Eric Sarver, Esq.: Federal attorney who also specializes in employment law and business law and she is also a mediator and a dispute resolution specialist. I'd like to welcome Lisa Renee Pomerantz to the show, Lisa. Welcome. It's a pleasure to have you on tonight.

00:02:01.380 --> 00:02:04.320 Lisa Pomerantz: I'm delighted to be here. ERIC. THANKS FOR HAVING ME.

00:02:05.190 --> 00:02:16.530 Eric Sarver, Esq.: My pleasure. I thought I would just follow up an introduction by reading a brief summary of your brain impressive. My dad background and bio so that our listeners tonight understand

00:02:17.040 --> 00:02:21.120 Eric Sarver, Esq.: Who they're listening to you and your the wealth of experience that you bring to the table.

00:02:22.110 --> 00:02:29.760 Eric Sarver, Esq.: So without further ado, I'll say, Lisa, Renee. Pomerance has more than 35 years legal and dispute resolution experience.

00:02:30.270 --> 00:02:41.070 Eric Sarver, Esq.: After graduating from Harvard University and Boston University Law School. Lisa clerked for a federal judge and she worked for 15 years as a senior level in house counsel for a major corporation.

00:02:41.850 --> 00:02:50.220 Eric Sarver, Esq.: For the past 17 years since 2003 we said practice law in Suffolk County. She has her own law practice and work primarily with entrepreneurs.

00:02:50.670 --> 00:02:58.260 Eric Sarver, Esq.: And go on commercial and corporate matters to resolve business and employer to students amicably and cost effectively.

00:02:58.950 --> 00:03:09.960 Eric Sarver, Esq.: It's really based upon race serves on the day that the American Arbitration Association roster Mutual's as a commercial deployment and consumer mediator and arbitrator.

00:03:10.470 --> 00:03:21.480 Eric Sarver, Esq.: She has served in a variety of leadership roles as well with the Association for conflict resolution, the New York State dispute resolution Association and the Suffolk County Bar Association.

00:03:22.020 --> 00:03:36.960 Eric Sarver, Esq.: This is also on the Eastern District of New York's a CDN my mediation panel and the the NY at our advisory council and Lisa mediates workplace disputes for em WI A Boston based mediation firm.

00:03:37.830 --> 00:03:45.690 Eric Sarver, Esq.: So I think there you have folks in a nutshell. LISA You and I, as you know, share some commonalities. I don't do as much. Clearly I'm not a

00:03:46.680 --> 00:04:00.240 Eric Sarver, Esq.: Certified arbitrator and mediator, per se, but I certainly do represent clients in mediation and I know we both practice employment law and business offer tomorrow, besides companies out there. So if these kind of fellow accounts on the call.

00:04:01.140 --> 00:04:08.220 Lisa Pomerantz: Thanks very much. I don't remember exactly how we met but i i think we noticed the commonalities right away.

00:04:08.880 --> 00:04:11.970 Eric Sarver, Esq.: I think since you. Yes, good question. But I do know.

00:04:13.980 --> 00:04:19.920 Eric Sarver, Esq.: Race. And so with that, folks. I'd like to take us on to our, our topic of the evening.

00:04:20.340 --> 00:04:27.870 Eric Sarver, Esq.: Each week we have a different topic that's relevant again to business owners and when I add these topics. Well, very, very relevant during the pandemic.

00:04:28.230 --> 00:04:39.000 Eric Sarver, Esq.: Are equally present or presentation, say in time pre coated. So I don't want people to think that some of these topics are all brand new and just started in mid March of 2020

00:04:39.300 --> 00:04:42.990 Eric Sarver, Esq.: It's just that with the pandemic and the impact on the workplace and on

00:04:43.470 --> 00:04:50.250 Eric Sarver, Esq.: Certain people people work from home and so forth that what's happened is, a lot of the labor and employment issues have been exacerbated

00:04:50.700 --> 00:04:58.260 Eric Sarver, Esq.: So that kind of segues nicely into our topic for tonight, which is how Cobra 19 is further blur the boundaries between personal

00:04:58.620 --> 00:05:09.300 Eric Sarver, Esq.: And professional life and the impact, particularly in despair way on women, women in the workplace, whether employees over the employers are women owned businesses, etc.

00:05:10.200 --> 00:05:16.260 Eric Sarver, Esq.: And I'll just say that with each decade of technological advances. It's become easier for employers to communicate with employees.

00:05:16.830 --> 00:05:24.660 Eric Sarver, Esq.: Off the clock and to see their personal lives on display. We are now and where it is these days can text email or chat with employees anytime

00:05:24.990 --> 00:05:34.410 Eric Sarver, Esq.: So you should be cautious about that when it comes over time laws as least and I know but can do so. And most people are hooked to their smartphones and iPhones and tablet devices.

00:05:34.890 --> 00:05:41.970 Eric Sarver, Esq.: And then social media connections, of course showcase our personal views. Our recreation and our professional accomplishments as well.

00:05:42.210 --> 00:05:49.920 Eric Sarver, Esq.: Including both on display between us and our coworkers us and our employees or employers, depending upon where you stand.

00:05:50.460 --> 00:05:55.590 Eric Sarver, Esq.: And maintain a separation between one's professional and personal life has become more challenging.

00:05:56.460 --> 00:06:05.280 Eric Sarver, Esq.: So now, and they're the coven 19 pandemic that we've all heard it by now, of course, employers and employees, like right on zoom calls from their homes.

00:06:06.000 --> 00:06:14.430 Eric Sarver, Esq.: Very often with children or an unwitting zoom bonding spouse eating a bowl of cereal in the background. If it's a morning meeting. I've seen some of those

00:06:15.390 --> 00:06:20.190 Eric Sarver, Esq.: I may have been some of those. I apologize to my wife home fiber cross the path for meeting.

00:06:21.150 --> 00:06:27.720 Eric Sarver, Esq.: But as our homes have become de facto offices and workspaces maintaining the boundary between personal, professional life.

00:06:28.080 --> 00:06:40.860 Eric Sarver, Esq.: And that's become very difficult, especially again for female employees but children as they often find themselves in that particular juggling parental duties childcare homeschooling and work all the months.

00:06:41.430 --> 00:06:48.390 Eric Sarver, Esq.: So today, these and I will explore some of these problematic aspects of this blurring of boundaries. These blurred rules.

00:06:48.870 --> 00:06:59.460 Eric Sarver, Esq.: And the toll, it takes on employers and employees, like the potential for inappropriate behavior for abolish the confidentiality and all the possible legal issues that might arise.

00:07:00.480 --> 00:07:07.800 Eric Sarver, Esq.: Will also discuss some tips for employers and policies and how do you better maintain boundaries between our personal and professional lives.

00:07:08.370 --> 00:07:17.910 Eric Sarver, Esq.: I'm going to take a pause that that all sink in for our listeners tonight so basic parts of it is Barry's been blurred and the pain of its members so

00:07:18.750 --> 00:07:36.180 Eric Sarver, Esq.: Lisa, if I may ask you, perhaps, our first question, whatever the issue is like to ask why, what's the problem. So question one be what is the blurring of personal and professional lives for employers, employees have a man from like employer liability perspective.

00:07:38.790 --> 00:08:01.680 Lisa Pomerantz: Well, I think it's interesting, over the last couple of decades we've seen a trend towards employees working remotely. But when that's happened it's typically been exempt employees and it has typically been something that's been planned out in advance so

00:08:02.700 --> 00:08:08.460 Lisa Pomerantz: Often you have telecommuting policy in place that governs

00:08:11.250 --> 00:08:18.360 Lisa Pomerantz: Whether or not the employee has to have a separate office, whose device, they're going to use

00:08:21.240 --> 00:08:24.570 Lisa Pomerantz: You know, it may cover insurance issues.

00:08:25.980 --> 00:08:26.610 Lisa Pomerantz: And

00:08:29.910 --> 00:08:38.970 Lisa Pomerantz: Whether the employee can use their own devices or their own networks. So it's usually planned out in advance.

00:08:39.390 --> 00:08:49.440 Lisa Pomerantz: So I think what's happened with the pandemic is number one, people had to make a switch very suddenly without having the chance

00:08:50.010 --> 00:09:11.370 Lisa Pomerantz: To plan. Number one and number two that you had different categories of employees working remotely you had employees working remotely who you normally wouldn't allow to work remotely secretaries receptionist, etc. And I've been thinking about

00:09:12.630 --> 00:09:14.760 Lisa Pomerantz: We were we've been reading

00:09:15.780 --> 00:09:38.520 Lisa Pomerantz: In the news that the impact on women is so much more substantial. And I think part of this is that with people working remotely. You may find a decline in demand for those very non exempt employees like receptionist and administrative personnel.

00:09:39.540 --> 00:09:49.440 Lisa Pomerantz: Because when people are working remotely, they don't make as much use of them or they don't need them as much, etc. So

00:09:50.340 --> 00:10:08.130 Lisa Pomerantz: If we know that within families that child here burns etc tend to fall more heavily on women. So I think we have a confluence of factors that leading to both voluntary and involuntary

00:10:09.240 --> 00:10:13.320 Lisa Pomerantz: Loss of women employees from the workplace.

00:10:14.820 --> 00:10:19.830 Eric Sarver, Esq.: Right. And I, I would agree with that too and assessment and I've seen that as well from

00:10:20.400 --> 00:10:29.490 Eric Sarver, Esq.: So looking at some of my own clients when they came to me with a, say, the, the, the furloughs they're doing the layoffs based on economic considerations and they saw

00:10:29.940 --> 00:10:41.010 Eric Sarver, Esq.: Often disproportionate and it's interesting, this portion amount of people often female and some of those people were in, as you mentioned, administrative roles administrative assistant secretarial

00:10:41.370 --> 00:10:49.890 Eric Sarver, Esq.: Which still tend to be female dominated the there certainly are men in those fields fields, but so we have, as you said, right, the cutting of women from the workforce.

00:10:50.250 --> 00:10:59.820 Eric Sarver, Esq.: And then what I personally see not only from a professional point of view, but from a personal just from knowing colleagues and folks my age, my, my wife's age, you know,

00:11:00.870 --> 00:11:08.910 Eric Sarver, Esq.: friends of hers or working moms with small children, as I think he was. He pointed out that with mom, people at home.

00:11:09.600 --> 00:11:20.310 Eric Sarver, Esq.: I would add that even if there's not, let's say an overt discriminatory policy in place. That's a an employer says, hey, men and women alike can work from home.

00:11:21.180 --> 00:11:26.970 Eric Sarver, Esq.: Or, you know, people can start coming back to work. But it did my observation that if, let's say,

00:11:27.360 --> 00:11:39.870 Eric Sarver, Esq.: The parents. Parents and duties tend to fall more heavily on mom, especially with young children, then they might be right missing out on opportunities to advance their career. So, you know, the wall might say they have a right to take pain.

00:11:40.410 --> 00:11:52.890 Eric Sarver, Esq.: PvP family, etc. And then I take that leave but then they might fall behind their male counterparts and colleagues, if they're not building certain hours or they're not meeting certain metrics. So I think that's another

00:11:53.370 --> 00:11:58.470 Eric Sarver, Esq.: Aspect for business owners to consider and we have women in that predicament.

00:11:59.340 --> 00:12:17.790 Lisa Pomerantz: Yes, and I think it's interesting because I believe I'm after the 2008 financial crisis that actually, they found that women were retaining their positions and men were not because women tend to be compensated less

00:12:18.600 --> 00:12:35.700 Lisa Pomerantz: So that they were greater value to the workplace. So it's interesting that the trend has been, you know, different and I think that the factors, you've identified, you know, are largely whatever work here and plus

00:12:37.260 --> 00:12:50.490 Lisa Pomerantz: Remote working has stimulated the demand for IT professionals. And again, that tends to be a field where you have a concentration of men.

00:12:52.860 --> 00:13:00.060 Eric Sarver, Esq.: Is also another good point there. Yes. And I think, you know, as we were discussing, I think in our own conversations previously.

00:13:00.420 --> 00:13:10.350 Eric Sarver, Esq.: The issues that come up, you know, you mentioned the issue of people working from home remotely and how they weren't set up to be that way. They just kind of got thrust into it.

00:13:10.770 --> 00:13:19.350 Eric Sarver, Esq.: And what I found with my clients I tell this to the audience. If you're listening tonight. If you're a business owner is to be careful about tracking hours for

00:13:20.580 --> 00:13:26.640 Eric Sarver, Esq.: Employees who are covered by the policies and the New York labor laws overtime provisions, would you agree Sunday is

00:13:27.990 --> 00:13:36.930 Lisa Pomerantz: I think you're absolutely right. And it's especially the case. I mean, we know in fact I just mediate in case about this very topic.

00:13:38.010 --> 00:13:41.820 Lisa Pomerantz: Employers must pay employees for all time work.

00:13:43.470 --> 00:13:50.700 Lisa Pomerantz: Whether or not the employer required we're talking about non exempt whether or not the employer require them to work those hours.

00:13:51.210 --> 00:13:53.790 Lisa Pomerantz: Now you have the situation also

00:13:54.270 --> 00:14:10.560 Lisa Pomerantz: Where people could be working from home, their work being interrupted by the child here duties, they might try to make up for it by working at a later time. So that tracking time worked, maybe more problematic.

00:14:12.570 --> 00:14:20.460 Lisa Pomerantz: And yeah, so employers do need to articulate their policy about

00:14:21.900 --> 00:14:34.020 Lisa Pomerantz: You know whether or not employees are limited in the amount of hours that they're allowed to work and how it is that they have to record the hours that they are working

00:14:35.040 --> 00:14:39.540 Eric Sarver, Esq.: You know, that's a really interesting point. And I want to say that we have to take a commercial break right now.

00:14:40.260 --> 00:14:56.220 Eric Sarver, Esq.: When we come back, we can talk more about that and other issues that have arisen with this pandemic. So everyone stick around here and employment law today. I'm Eric solver host the show. My guess is attorney, Lisa, Renee. Pomerance And we're here on talk radio dot NYC. Be right back.

00:17:09.000 --> 00:17:17.610 Eric Sarver, Esq.: Welcome back to employment law today here on talk radio NYC. I'm your host Erick soccer employment law business law attorney.

00:17:18.000 --> 00:17:27.750 Eric Sarver, Esq.: And founder. The last American soccer here again tonight with my guest fellow attorney also employment law business law attorney and certified mediator and

00:17:28.140 --> 00:17:37.980 Eric Sarver, Esq.: Dispute Resolution specialist, Lisa. Pomerance attorney, a long list and I just noticed that may have joined us late Lisa and I were just discussing some of the ramifications of

00:17:38.430 --> 00:17:51.630 Eric Sarver, Esq.: The blurring or personal, professional lives, especially between employers and employees, now that we're this pandemic you talk a little bit about the working from home and telecommuting and how that impacts issues around

00:17:52.170 --> 00:18:02.340 Eric Sarver, Esq.: Overtime violations that one has to watch for Lisa started to talk about. I think some confidential information that you know I think I heard you mention employee employers have to protect

00:18:03.030 --> 00:18:20.370 Eric Sarver, Esq.: And so I wanted to ask, maybe if we can backtrack a bit that's interesting point you raised Lisa earlier in our program. The, the difficulty of employers protecting confidential information from employees using their personal devices.

00:18:21.660 --> 00:18:29.310 Eric Sarver, Esq.: Can you share a little bit more about that in terms of what you've seen and maybe some good recommended solution, please.

00:18:30.000 --> 00:18:31.860 Lisa Pomerantz: Sure, um,

00:18:33.210 --> 00:18:51.420 Lisa Pomerantz: There's been a trend. I don't know whether it's good or bad towards allowing employees to use their own personal devices and computers and phones. And I think there's some challenges in that general practice.

00:18:52.440 --> 00:19:12.960 Lisa Pomerantz: But before the pandemic if employers were going to do that they could an act of bring your own it's going to be y o d policy, bring your own device and they could require, for example, that access to company files.

00:19:14.490 --> 00:19:18.840 Lisa Pomerantz: be password protected, they could

00:19:21.810 --> 00:19:29.280 Lisa Pomerantz: Establish what it was that the employee had a right to expect privacy in they could

00:19:30.720 --> 00:19:44.550 Lisa Pomerantz: Have ground rules that we're documents were going to be stored like even if you were you using your personal computer, you would have to store them, you know, on the company networks, etc.

00:19:46.260 --> 00:20:01.710 Lisa Pomerantz: And all of a sudden, people are working from home and they're storing confidential information on their personal computers, they're leaving. They could be have roommates or spouses and their meeting documents around

00:20:01.980 --> 00:20:03.000 Lisa Pomerantz: You're having

00:20:03.000 --> 00:20:29.340 Lisa Pomerantz: Phone calls or zoom calls settings that are not confidential but discussing confidential information. And we know that employers can only protect as confidential information that they maintain is confidential and I just don't even think that employees are aware of these issues.

00:20:30.870 --> 00:20:35.100 Lisa Pomerantz: You know, my recommendation for an employer would be to have

00:20:36.870 --> 00:20:43.800 Lisa Pomerantz: A policy on you on the use of personal devices in the workplace.

00:20:44.880 --> 00:21:02.340 Lisa Pomerantz: And excuse me in or, you know, working from home and you know requirements that documents be put away that access the password protected and that you do what you can to have your calls and private

00:21:03.930 --> 00:21:11.940 Eric Sarver, Esq.: I agree 100% with that. And I think it's definitely a challenge, but as you mentioned, even if you're working on your own laptop from, let's say, the office you bring it in.

00:21:12.420 --> 00:21:17.400 Eric Sarver, Esq.: As you mentioned, you have servers and also you have tech people that can ensure certain devices are

00:21:17.850 --> 00:21:31.620 Eric Sarver, Esq.: kept in check. I know a lot of companies that are my clients will have a policy where life. If a person use their personal laptop that they can send to certain that save files, you know, being reviewed by the company when they leave the

00:21:32.910 --> 00:21:46.260 Eric Sarver, Esq.: Right, so that I put in standard clause and also have an information. One of the main parts of any in da is that if the information is made open and public to a third party. It often lose it's confidential.

00:21:46.860 --> 00:21:50.820 Lisa Pomerantz: Exactly, exactly. And interestingly, on this. I just

00:21:52.320 --> 00:21:57.960 Lisa Pomerantz: I also teach at Torah law school and I received from turo

00:21:59.640 --> 00:22:07.350 Lisa Pomerantz: I'm an offer that they would subsidize my purchase of a separate laptop.

00:22:08.850 --> 00:22:20.040 Lisa Pomerantz: Because I'm teaching from home and they're concerned in some helpful, people are sharing computers. I mean, that's not in my household, but they

00:22:21.510 --> 00:22:25.950 Lisa Pomerantz: You know, wanted to get away from instructors using their own

00:22:27.030 --> 00:22:32.010 Lisa Pomerantz: Laptops, because student information is confidential.

00:22:34.320 --> 00:22:46.710 Lisa Pomerantz: And they have very strict requirements also that we have to use our tour email address and then all file. They have a platform that all files need to go through that and

00:22:47.160 --> 00:22:54.690 Lisa Pomerantz: I think they you know that sets a great example. And that's the kind of thing that other employers could consider doing as well.

00:22:56.670 --> 00:23:02.160 Eric Sarver, Esq.: It's interesting because I tend to agree with you. I think that's true, as a good idea there with sound policy to have

00:23:02.730 --> 00:23:14.730 Eric Sarver, Esq.: To have employers, employees, look, you know, we're going to say provide you with a separate, distinct laptop was independence in in full swing. You can use that one for work and use your personal device for everything else.

00:23:15.270 --> 00:23:25.440 Eric Sarver, Esq.: I can imagine envision, some people listening tonight, you know, sort of, crying out will hold on here, you know, we're kind of right barely making ends meet with dependent. And so how we can afford that.

00:23:26.760 --> 00:23:33.720 Eric Sarver, Esq.: I have no money. But what might you say to a business owner, who had that sentiment. We can't afford to expensive.

00:23:33.960 --> 00:23:39.990 Lisa Pomerantz: Well, I can understand and then you need to have a policy in place and training on the policy.

00:23:40.740 --> 00:24:01.920 Lisa Pomerantz: Um, I did the subsidy from Torah was not substantial but it turned out the cost of the device was that terribly substantial either. As I said, I didn't take them up on it because I felt for me that I was able to comply, you know, with their privacy requirements but and I am very conscientious

00:24:03.000 --> 00:24:05.640 Lisa Pomerantz: About that. Um, but

00:24:07.470 --> 00:24:10.440 Lisa Pomerantz: You know, I think it's something that employers might

00:24:11.700 --> 00:24:27.000 Lisa Pomerantz: take seriously, especially because the cost of not protecting your confidential information can be so great because I think this is going to be a time of a lot of turnover both voluntary and involuntary

00:24:28.020 --> 00:24:40.380 Lisa Pomerantz: By you know of employees, leaving or needing to be let go and you don't want to have your employees walking away with your confidential information. It's not going to be confidential anymore.

00:24:40.830 --> 00:24:49.260 Eric Sarver, Esq.: Absolutely, yes. No, I tend to agree. I think this is like, you know, my, my mind I, this seems like one of those. It's a classic scenarios where

00:24:49.860 --> 00:24:58.920 Eric Sarver, Esq.: It's all questions are being penny wise and pound foolish. If one it says I you know too expensive, top to bottom. Go to Amazon and purchase them.

00:24:59.250 --> 00:25:05.910 Eric Sarver, Esq.: You know, maybe not the top of the line model and maybe just affordable but efficient running laptop for your employees.

00:25:06.210 --> 00:25:11.430 Eric Sarver, Esq.: And because if you're hit with a lawsuit. Let's say if you work in a healthcare industry and you have

00:25:11.850 --> 00:25:18.660 Eric Sarver, Esq.: Work at home in with hip of protected documents we get fired and maybe you're angry about that the one to release information.

00:25:19.350 --> 00:25:22.620 Eric Sarver, Esq.: You know you can be sued by your clients I can be bad press

00:25:22.980 --> 00:25:30.330 Eric Sarver, Esq.: There could be not only, not to mention the fact that employee who's becomes an ex employee might say, Okay, well I'm going to try to go elsewhere.

00:25:30.600 --> 00:25:40.200 Eric Sarver, Esq.: Or start my own practice my own company and other uses nifty trade secret is, you know, all these different files information and customer list to my advantage. So

00:25:40.590 --> 00:25:48.030 Eric Sarver, Esq.: I think having some sort of control and even having service that out. Mostly, I think, a challenge there of course that would depend attic.

00:25:48.480 --> 00:26:02.070 Eric Sarver, Esq.: Some people are very hesitant have someone come into the home, let's say, a tech person you know come to your place and set up an arrangement. And then if they do when someone gets sick from that tech person or covert Indian. Is that a liability issue.

00:26:02.280 --> 00:26:05.190 Lisa Pomerantz: Well, that's another issue because actually

00:26:06.360 --> 00:26:14.970 Lisa Pomerantz: The whole under OSHA, which is the Occupational Safety and Health and employers have requirement.

00:26:16.260 --> 00:26:31.260 Lisa Pomerantz: Establishing a safe workplace and even before the pandemic ocean took the position that it was not going to inspect home offices have employees who work remotely, but I think

00:26:32.070 --> 00:26:42.570 Lisa Pomerantz: You know, but now we have far more people working remotely and you make a very good point that the nature of the risks. They're exposed to.

00:26:43.290 --> 00:26:55.560 Lisa Pomerantz: Is even greater if you have people come in and help them with their technology or deliver things to them, etc. So, you know, we're all navigating you know different times.

00:26:59.130 --> 00:27:02.400 Lisa Pomerantz: And also there's the whole issue of workers comp. I mean,

00:27:03.030 --> 00:27:10.380 Lisa Pomerantz: You in terms of what if somebody is working from home and trips over

00:27:11.910 --> 00:27:14.430 Lisa Pomerantz: A quarter or something like that.

00:27:14.610 --> 00:27:15.630 Lisa Pomerantz: You know is that

00:27:16.260 --> 00:27:18.390 Lisa Pomerantz: Covered by workers comp or not.

00:27:18.720 --> 00:27:26.520 Eric Sarver, Esq.: Hmm. The big injury and I heard arguments for both sides, both ways and also depends, you know, I think, what are people make is that, well, hey, it's still your home.

00:27:26.850 --> 00:27:30.450 Eric Sarver, Esq.: You saw this responsibility to keep it safe and secure. And it's not the office.

00:27:30.870 --> 00:27:39.960 Eric Sarver, Esq.: And others who say, hey, since you know the employer is forcing you to be there and do your work and you may have to have. Now let's say all kinds of like you say,

00:27:40.770 --> 00:27:44.790 Eric Sarver, Esq.: Cords and devices extra outlets, maybe, you know, you're always were meant for this.

00:27:45.090 --> 00:27:53.370 Eric Sarver, Esq.: To maybe you have maybe you're an office. We have two screens and computer understanding that so you now have more clutter and it's easier had an accident, so it's

00:27:53.700 --> 00:28:00.510 Eric Sarver, Esq.: You know, these you're right though one point maybe soon as that, you know, these are very much like unchartered times on trying to waters and so

00:28:00.990 --> 00:28:07.110 Eric Sarver, Esq.: My impression that I think is lot of players are trying to do the best they can and that the advice that we're giving them tonight.

00:28:07.410 --> 00:28:18.990 Eric Sarver, Esq.: Sort of is to be mindful of these issues and do some further exploration. So keep in mind God, she's ready, keep mine workers comp. If you haven't, please recommend update your policy, talk to your insurance provider.

00:28:19.050 --> 00:28:25.830 Lisa Pomerantz: Exactly, because we are going to have these sort of test cases. I mean,

00:28:26.730 --> 00:28:28.860 Lisa Pomerantz: And the other thing I would say is

00:28:30.120 --> 00:28:30.600 Lisa Pomerantz: That

00:28:31.980 --> 00:28:38.580 Lisa Pomerantz: I think the trend to people working from home is not going to end. I do think people will go back to the office.

00:28:38.880 --> 00:28:46.410 Lisa Pomerantz: With some of the trends. We've seen started before the pandemic and are going to continue after the center

00:28:47.640 --> 00:28:54.330 Eric Sarver, Esq.: I tend to agree, yes. It's always a pleasure having fellow and Pamela Theresa talk shop with the talk about these issues because

00:28:54.840 --> 00:29:02.610 Eric Sarver, Esq.: Everything you saying it's. These are things I told my clients who are. But there's another sure you tigers as well. And so it's nice to hear

00:29:02.910 --> 00:29:06.570 Eric Sarver, Esq.: Some sort of nearing that when you say I'm fine very receptive and they say,

00:29:06.960 --> 00:29:17.850 Eric Sarver, Esq.: This is great information. Thank you. It's helped others, you know, sort of bought you know again like the example, the recommendation by the employees laptops, you know, this sort of, well, you know, I'm struggling with

00:29:18.270 --> 00:29:26.220 Eric Sarver, Esq.: Sales down and not going to spend money, they don't need to. They have their own computer let them use it. Everyone has a computer, they say, who doesn't have a computer in 2020 minutes but

00:29:26.490 --> 00:29:35.160 Eric Sarver, Esq.: It's not the issue of, do they have one is that will that be segregated without the same computer be used at night when they go to sleep when they're 17 year old surfing the web.

00:29:35.400 --> 00:29:52.350 Eric Sarver, Esq.: And maybe the more they come across something or maybe they accidentally share something you know on Slack or Snapchat chatter, you know, whatever their, you know, we're, we're more recent thing and that is because I'm going to marry up to speed on all those new found you know

00:29:53.610 --> 00:30:04.260 Eric Sarver, Esq.: We have to take a break and I thought he could frequent point when we come back I find it at least a little bit more about issues of social private privacy around the social media accounts.

00:30:04.860 --> 00:30:13.410 Eric Sarver, Esq.: How that how privacy issues come into play in time of covert 19 with zoom calls and people working from home and so forth. So

00:30:14.190 --> 00:30:29.610 Eric Sarver, Esq.: We're taking a commercial break. Again, and Eric sovereign here on the show employment law today Tuesday at 5pm to 6pm eastern standard time here on the station talk radio dot NYC stick around folks get comfortable. We'll be right back.

00:32:54.420 --> 00:33:12.270 Eric Sarver, Esq.: Welcome back to employment law today and Eric Sabra hosted the show on here every Tuesday night from 5pm to 6pm with special guest of mine, and our goal is to educate, inform and inspire business owners to follow the labor employment laws and navigate those tricky areas during this

00:33:13.320 --> 00:33:26.700 Eric Sarver, Esq.: Pandemic these uncertain times the your site joined by my guest for being this attorney Lisa Renee Pomerantz employment law business law attorney and professional mediator certified arbitrator as well.

00:33:27.480 --> 00:33:37.950 Eric Sarver, Esq.: Lisa. Just to go back into this issue of privacy. We're talking tonight. By the way, about the blurring of professional personal lines or any boundaries.

00:33:38.400 --> 00:33:47.280 Eric Sarver, Esq.: In the workplace or been how that's been exacerbated by the coven 19 pandemic. And I wonder if we could talk a little bit about

00:33:47.850 --> 00:34:00.450 Eric Sarver, Esq.: Social media policies, like for example what question, what type of changes might a smart business owner make today or employment our social media policies were during the painter.

00:34:02.280 --> 00:34:02.850 Lisa Pomerantz: Well, I

00:34:04.050 --> 00:34:11.070 Lisa Pomerantz: Just take a step back, there's always been a lack of clarity on the part of employees.

00:34:12.480 --> 00:34:30.120 Lisa Pomerantz: Regarding when the employers policies about how to behave why traditionally problems will arise on things like business trips people going out for drinks.

00:34:31.260 --> 00:34:46.770 Lisa Pomerantz: Going to customer events and things like that. And so when I was in house counsel at any see, you know, we basically came up with a conduct in the workplace policy that made it clear that

00:34:47.820 --> 00:34:54.690 Lisa Pomerantz: The company standards applied whenever you were dealing with customers other employees, etc.

00:34:56.310 --> 00:35:01.710 Lisa Pomerantz: But, you know, social media is a funny thing because

00:35:03.330 --> 00:35:14.400 Lisa Pomerantz: When people use it, it may be unclear to others as to are they speaking privately or are they speaking on behalf of the employer.

00:35:14.700 --> 00:35:28.590 Lisa Pomerantz: Right, and so it's recommended that companies have social media policies which typically say who's authorized to speak on behalf of the employer.

00:35:28.950 --> 00:35:49.770 Lisa Pomerantz: Who can use the company's social media accounts, etc. For tweeting or posting or whatever. And that employees if they are posting on social media, they should do so in a way that doesn't suggest that they're speaking for the employer.

00:35:50.790 --> 00:35:57.330 Lisa Pomerantz: So I think the same guidelines apply now it's just

00:35:59.850 --> 00:36:11.820 Lisa Pomerantz: That the lines between working and not working and the hours you're working and the circumstances, you're working in are so much more blurred that it's even more confusing.

00:36:12.240 --> 00:36:33.570 Lisa Pomerantz: As to whether you're speaking for yourself for your speaking for your employer. But I, again, I think that employers should be aware of these issues. I mean, you can have sexual harassment through, you know, social media.

00:36:35.190 --> 00:36:49.530 Lisa Pomerantz: And so, employers need to establish their expectations of their employees and sort of disabuse them of just like we had to disabuse people of the notion that

00:36:50.310 --> 00:37:07.410 Lisa Pomerantz: When you were on company business, what went on in Vegas did not stay in Vegas. You were one company business that now when you're communicating with a customer or a colleague via social media that you're still

00:37:08.490 --> 00:37:14.100 Lisa Pomerantz: You know, subject, you're still essentially at work and subject to

00:37:15.360 --> 00:37:25.260 Lisa Pomerantz: You know employer prohibitions on sexual harassment or distribution of pornographic materials, etc.

00:37:26.820 --> 00:37:37.710 Lisa Pomerantz: And so, I mean, I think a lot of it is really just identifying the issue and making the expectations for the employees.

00:37:38.280 --> 00:37:51.990 Lisa Pomerantz: Clear. I know that the New Yorker magazine just had a recent incident where a staff writer on engage in sexual conduct. He didn't realize that could be seen on a zoom call

00:37:52.410 --> 00:37:53.310 Eric Sarver, Esq.: With interior. Yes.

00:37:53.340 --> 00:38:05.850 Lisa Pomerantz: Yeah, and I mean in in preparing for our discussion today. I was thinking about other things like the fact that people are not necessarily dressing in a professional way.

00:38:06.000 --> 00:38:10.830 Lisa Pomerantz: Right you know on zoom calls, etc. And whether

00:38:11.850 --> 00:38:23.190 Lisa Pomerantz: You know it whether employers might want to consider if they have dress codes, making it clear that when you're representing the company should have a professional appearance.

00:38:24.510 --> 00:38:32.130 Eric Sarver, Esq.: You know, I think what we're talking about here, I first of all, I tend to concur, and had the same I often recommended my during the

00:38:32.400 --> 00:38:39.570 Eric Sarver, Esq.: Pandemic that some of my clients might want to take an additional step and say, if you're going to post personal items cultural your private account.

00:38:40.560 --> 00:38:53.910 Eric Sarver, Esq.: Especially now here's why I'm personally revising it to my clients is owners to be more strict about social media, by the way, I agree with everything you said all excellent points about everything to a tee, you know,

00:38:55.170 --> 00:38:57.120 Lisa Pomerantz: You can feel free to disagree. Yeah.

00:38:57.690 --> 00:39:07.500 Eric Sarver, Esq.: I would have I did, I sincerely agree with you. I mean, everything about now is this agree to download it right when you're in a business trip you know your actions you can be liable. You know as sexual harassment.

00:39:08.400 --> 00:39:13.170 Eric Sarver, Esq.: It's not as if because you're not at the office or the store or restaurant that you work at

00:39:13.830 --> 00:39:21.780 Eric Sarver, Esq.: Just because you're off company grounds does not mean that the employment laws don't apply to you what I see, though, is that what do you think I see, if I may make some observations.

00:39:22.290 --> 00:39:32.520 Eric Sarver, Esq.: Number one, something you pointed out, when we, when people say prefer dynamic. Most people working from their office really work at home, one or two days week

00:39:32.790 --> 00:39:36.630 Eric Sarver, Esq.: Maybe a small number of employees right or telecommuting but when people come in.

00:39:37.080 --> 00:39:47.520 Eric Sarver, Esq.: People get into the sort of I network mindset by certain I guess triggers like certain like saying event that triggered the mind to say I'm gonna work.

00:39:47.760 --> 00:39:56.730 Eric Sarver, Esq.: I'm work moon, so you know for many ways right getting you know shower achieving putting on a button. Sure, it knows or coding pants. You know, I

00:39:57.900 --> 00:40:03.660 Eric Sarver, Esq.: Supposed to be wearing sandals and then the t shirt and shorts or throw on a button shirt for zoom call and then let's say like

00:40:04.110 --> 00:40:11.220 Eric Sarver, Esq.: Back to like working like my shorts and T shirt so you know there were those, those, those cues that says, I've been working on.

00:40:11.550 --> 00:40:19.230 Eric Sarver, Esq.: Getting into the office, taking a train, getting your coffee, you know, reading, you're sitting next to co workers being in a cubicle space and now

00:40:19.530 --> 00:40:30.000 Eric Sarver, Esq.: I think people remote, you're going to, sort of, I'm in, where am I, again mode, right, because their home. Some people might be working on their couch my laptop, where they also tend to relax and watch TV.

00:40:30.270 --> 00:40:42.180 Eric Sarver, Esq.: They might be sending out tweets or liking Facebook posts from the same room that they often use to unwind at night. So, you know, I guess what I'm saying is that the signals in the mind psyche of I'm a work.

00:40:42.570 --> 00:40:52.650 Eric Sarver, Esq.: And this is what's appropriate on social media or I'm at home. And this was before bed are blurred. So I just always say it's more is now as important as ever.

00:40:53.040 --> 00:40:56.400 Eric Sarver, Esq.: For companies to establish stricter guidelines on social media.

00:40:56.970 --> 00:41:10.620 Eric Sarver, Esq.: On the on the clock. For example, what you're allowed to post, you know, certain professions. I've noticed have compliance regulations, like in financial advisors, for example, must share certain things that were to tweet with compliance and run it by them.

00:41:10.620 --> 00:41:11.010 Yes.

00:41:12.210 --> 00:41:17.130 Eric Sarver, Esq.: And I think that's not a bad idea. I wonder what you think about, let's say, a company having some sort of

00:41:17.610 --> 00:41:27.900 Eric Sarver, Esq.: Maybe not super strict but informal compliance like hey if you're going to tweet about issues involving, you know, personal opinion, etc that you run them by what do you see a downside to that last

00:41:28.200 --> 00:41:37.170 Lisa Pomerantz: Well, I think you have to be careful that you're not trying to censor something that you as the employer don't have a right to censor like

00:41:37.590 --> 00:41:46.950 Lisa Pomerantz: Employees have a right to talk about like conditions of employment, but, you know, the higher level employee that an employee is

00:41:47.520 --> 00:41:56.190 Lisa Pomerantz: The more that the employer can regulate that person's conduct and in fact in many executive

00:41:56.760 --> 00:42:10.410 Lisa Pomerantz: Contracts you have sort of good guy causes where you know the employee has to refrain from engaging in any behavior that would be viewed as

00:42:11.160 --> 00:42:32.880 Lisa Pomerantz: Detrimental to the employer and that they have to before they make any statements on behalf of the company that they have to have it screened by, you know, legal or wherever the appropriate departments are so I think you just need to be, you know, again, clear with your employees.

00:42:33.420 --> 00:42:39.750 Lisa Pomerantz: As to the extent to which they're authorized to speak on behalf of the company or not.

00:42:40.800 --> 00:42:57.060 Lisa Pomerantz: Who they have to clear it with and what you would consider, you know, and they need to any posting, they need to do they have to do it in a way that it's not attributed to the company if in fact is not on behalf of the company.

00:42:58.200 --> 00:43:03.090 Eric Sarver, Esq.: Absolutely and I you know I think it's very good point. I've actually spoken and written about this point to where

00:43:03.660 --> 00:43:09.360 Eric Sarver, Esq.: You have to be careful, right, because as you mentioned, there's some. There are some forms of protected speech. So let's say if employees.

00:43:09.630 --> 00:43:19.260 Eric Sarver, Esq.: Are getting on social media and talking in their personal voice, but about problems conditions at the company like save unsafe workspace or hey, I don't really feel safe people are not

00:43:19.560 --> 00:43:24.630 Eric Sarver, Esq.: wearing masks the office, what's going on here that can be viewed a protected activity and the National Labor Relations.

00:43:25.560 --> 00:43:36.960 Eric Sarver, Esq.: Protest or condition you know union, how to formulate gather people to to object to unsafe work nutrition. So you don't want to find yourself on the other end of the retaliation sued for firing employees.

00:43:37.500 --> 00:43:46.830 Eric Sarver, Esq.: That type of speech. So yeah, this is, I mean, definitely an issue where there are pros and cons of you is the point of you can have a social media policy that so strict

00:43:47.310 --> 00:43:55.380 Eric Sarver, Esq.: That centers people's protected speech, but also can't be so loose that especially with higher executives they making statements under their professional Twitter account.

00:43:55.650 --> 00:44:01.350 Eric Sarver, Esq.: You know, perhaps, like maybe say supporting a you know, a very let's say radical cause of my

00:44:01.680 --> 00:44:10.830 Eric Sarver, Esq.: You know involved certain hate the hatred towards a certain group. And that could be, you know, a stain on the company's reputation. We've all seen in the news. There are people getting fired for, you know,

00:44:11.520 --> 00:44:21.270 Eric Sarver, Esq.: Certain remarks compensate made that they put underneath right there, their social media account on LinkedIn or Twitter from the company and our privately.

00:44:21.630 --> 00:44:29.490 Eric Sarver, Esq.: So definitely comes down to these issues of what's protected and what's not, you know, the, the idea of having separate accounts that, of course,

00:44:29.850 --> 00:44:37.680 Eric Sarver, Esq.: Again does even work more complex areas when some companies encourage their sales force to present a three dimensional

00:44:38.100 --> 00:44:43.950 Eric Sarver, Esq.: View to the world. They say, Listen, we don't wait to be wouldn't like a statue, so you know when you post on Twitter post pictures of

00:44:44.190 --> 00:44:59.790 Eric Sarver, Esq.: You know, funny animals or your kids playing basketball or, you know, like day, isn't that you know basically are amazing. So here we have one hand you can be sending your employees mixed signals right make us up colorful but but don't speak to personally young company.

00:45:00.000 --> 00:45:03.840 Lisa Pomerantz: It's very good. Exactly, exactly. Well, I guess every company has to

00:45:04.170 --> 00:45:17.070 Lisa Pomerantz: Kind of decide on their own and actually the point about social media. The other thing I wanted to mention is that when people are terminated. One of the things that employers need to do

00:45:17.670 --> 00:45:40.980 Lisa Pomerantz: Is make sure that they terminate their access to any company social media accounts of course company networks, etc. And also make sure that the person updates their profile on LinkedIn, etc. So that they no longer are showing as being an employee of the company.

00:45:42.840 --> 00:45:47.550 Eric Sarver, Esq.: That's an excellent point. LISA Yes, exactly. We have to take another commercial break.

00:45:47.610 --> 00:45:49.740 Lisa Pomerantz: Time flies behind us.

00:45:50.280 --> 00:46:00.270 Eric Sarver, Esq.: So once again, folks, I'm here with Lisa, Renee. Pomerance employment law and business law attorney a mediator arbitrator conflict resolution specialist in the workforce.

00:46:00.900 --> 00:46:08.910 Eric Sarver, Esq.: You're listening to employment law today on talk radio that NYC. I'm your host Erick solver. Stick around, we'll be right back.

00:48:27.120 --> 00:48:36.540 Eric Sarver, Esq.: Welcome back to employment law today. I'm Eric sorry from the law officer at Gonzaga I help small midsize businesses with issues of employment law business law.

00:48:36.930 --> 00:48:45.870 Eric Sarver, Esq.: And I'm here today with my colleague and fellow employee login saw tourney has her own practice also a certified mediator arbitrator.

00:48:46.980 --> 00:48:50.340 Eric Sarver, Esq.: Lisa, Renee. Pomerance Lisa Thank you once again for being on the show.

00:48:51.450 --> 00:48:52.260 Lisa Pomerantz: I pleasure.

00:48:52.620 --> 00:49:00.990 Eric Sarver, Esq.: And you know, I just want. I thought this might be a good time to kind of like just, if I may share some thoughts, based on we've been discussing a few takeaways.

00:49:01.350 --> 00:49:10.200 Eric Sarver, Esq.: I tried to put myself in the audience is shoes if I can. In other words, if I were not in the employment law business was Bernie and I were listening to the show tonight what my my my

00:49:10.740 --> 00:49:20.520 Eric Sarver, Esq.: Feeling being listening. Do I feel at ease. Do I feel more clarity that more confused. So I just wanted to say they were listening out there that they are not

00:49:21.600 --> 00:49:37.560 Eric Sarver, Esq.: Really black and white easy yes no answers a lot of issues around social media policies for your employees around working from home. If it's covered by injuries government workers compensation claims or not. So there's a lot of gray area. And there's a lot of

00:49:39.150 --> 00:49:48.540 Eric Sarver, Esq.: Worried not sure there's not a specific bright line rules to follow and a lot of situations. And that's what I'm hearing from Lisa, as well as it fair to say

00:49:49.800 --> 00:49:55.290 Lisa Pomerantz: I would say so. No, I mean, there certainly are things that are cut and dry like

00:49:55.680 --> 00:49:58.560 Lisa Pomerantz: Contrast the employee entitled to some kind of

00:49:58.560 --> 00:50:04.710 Lisa Pomerantz: paid leave while their child is quarantining home from school so

00:50:04.770 --> 00:50:07.620 Lisa Pomerantz: There are certain issues that are clear cut.

00:50:07.920 --> 00:50:15.180 Lisa Pomerantz: Yes, but otherwise, I think the law is figuring out how to adapt to new circumstances.

00:50:15.600 --> 00:50:23.610 Eric Sarver, Esq.: Right. And for sure a lot of the new issues that have been made it very clear that paid family leave emergency basically even some situations.

00:50:24.000 --> 00:50:35.220 Eric Sarver, Esq.: But certainly in terms of the the blurred personal virtual boundaries and things like privacy policies or work from home. I think the was trying to sort of figure this out and catch up. I just wanted to import it.

00:50:35.970 --> 00:50:44.370 Eric Sarver, Esq.: Is order to know that what are the goals. Tonight Show us to make you aware that these issues, you know, even. Are they are they exist so that

00:50:44.670 --> 00:50:54.600 Eric Sarver, Esq.: You can seek out for the Council, you can present but reach out to Lisa, you know, especially if you're out in Long Islander where this is in Suffolk County, although these days, zoom, but seems like you know

00:50:54.840 --> 00:51:01.290 Eric Sarver, Esq.: Had clients, call me from, you know, Scarsdale and further out, but normally wouldn't be perhaps going and your teammates lawyer but

00:51:01.800 --> 00:51:11.430 Eric Sarver, Esq.: But the point that I think is to make people were these are issues and there was some clear takeaways having social media policies in place of dating or employee handbooks for for another

00:51:11.550 --> 00:51:21.060 Eric Sarver, Esq.: Yes, right. Having perhaps company issued laptops or computers segregated separated for work purposes only.

00:51:22.140 --> 00:51:32.850 Eric Sarver, Esq.: But I think it's important to kind of note that, you know, these are all issues that were sort of bringing to light. And then I would encourage business owners to very to explore this in more depth.

00:51:33.870 --> 00:51:35.880 Lisa Pomerantz: I concur completely with that.

00:51:36.180 --> 00:51:40.890 Eric Sarver, Esq.: Uh huh. Always fun when we're fellow attorneys and concur with one another. It's kind of

00:51:41.430 --> 00:51:41.760 Lisa Pomerantz: You know,

00:51:42.570 --> 00:51:51.750 Eric Sarver, Esq.: So with that said, and I actually wanted to ask you the same question in the area that you're highly specialized in that I knew I were talking, I think you mentioned that I

00:51:53.010 --> 00:52:01.110 Eric Sarver, Esq.: Think you mentioned that you haven't seen any maybe discernible difference in terms of an uptake in conflict before the mediation arbitration. But I'm wondering

00:52:01.530 --> 00:52:12.210 Eric Sarver, Esq.: Here's my question. Do you think that the pandemic conditions might exacerbate future employee employer, employee conflicts comes mediation arbitration.

00:52:13.980 --> 00:52:20.910 Lisa Pomerantz: Think, for one thing that you're with greater turnover, especially people being terminated.

00:52:22.440 --> 00:52:41.640 Lisa Pomerantz: You know, people are feeling a lot of the economic insecurity and so when they are terminated. They certainly are going to look and see, you know, was this possibly an illegal termination was there retaliation involved.

00:52:43.470 --> 00:52:46.440 Lisa Pomerantz: And what am I entitled to

00:52:47.970 --> 00:53:02.610 Lisa Pomerantz: And I've actually been consulted by people who are thinking that they're going to be terminated and wanting to know what do I need to look at to be prepared for that situation.

00:53:03.750 --> 00:53:13.890 Lisa Pomerantz: So it's a good time for people often have signed some kind of employee agreements or confidentiality agreements or

00:53:14.520 --> 00:53:20.640 Lisa Pomerantz: proprietary rights agreements. I mean, that's another issue that people don't realize that work product.

00:53:21.270 --> 00:53:28.800 Lisa Pomerantz: That they create. They might think, oh, I created it home belongs to me, but it might not. It might belong to the employer.

00:53:29.400 --> 00:53:44.220 Lisa Pomerantz: That if you are, you know, I would say, both are employers and employees if you're anticipating potential terminations is think about what are the issues that are going to have to be navigated if that happens.

00:53:45.480 --> 00:53:57.180 Eric Sarver, Esq.: Yeah, yeah. It's funny you mentioned that to you because I I do a handful of cases, the representation for employees as well, of course, bringing that there's no conflict of interest linear by the client, of course, and

00:53:58.590 --> 00:54:07.350 Eric Sarver, Esq.: Then I seen that certainly people come to me and I asked them, you know, do you have a contract with your employer. The answer is yes. I highly recommend

00:54:07.710 --> 00:54:17.460 Eric Sarver, Esq.: Taking a look at that and looking to see, is there a non compete clause, and so is it was extremely strict, you know, and given the circumstances. Some employers might want to consider.

00:54:17.760 --> 00:54:31.110 Eric Sarver, Esq.: letting their employees either out of or non compete for maybe a certain condition or perhaps limiting the scope in light of this, a massive layoffs people going to be upset by that and not an hour time moving on.

00:54:32.250 --> 00:54:33.930 Eric Sarver, Esq.: So definitely there.

00:54:35.370 --> 00:54:39.750 Eric Sarver, Esq.: I mean, again, we're really an uncharted two times it's fascinating, you know, to watch this.

00:54:40.290 --> 00:54:54.300 Eric Sarver, Esq.: As an attorney and to be a part of this picture. The try you know our thing our best, you know, for us, speaking, if I may, for yourself and myself. We try to help business owners to get through this time and to follow the law.

00:54:55.380 --> 00:55:05.490 Eric Sarver, Esq.: So I think we covered some great ground. Tonight I want to. We have about three minutes or so until the end of the show. What I like to do usually here. It's like, say, I just see them like the 14 you

00:55:05.820 --> 00:55:15.510 Eric Sarver, Esq.: Don't play nice day. So as I want to know just. Any final parting thoughts or if one share a little about any special events, you might have or

00:55:15.780 --> 00:55:17.910 Lisa Pomerantz: Oh, I'd love to. Okay.

00:55:20.040 --> 00:55:27.270 Lisa Pomerantz: Well, next week is the virtual conference of the New York State dispute resolution Association.

00:55:28.590 --> 00:55:43.110 Lisa Pomerantz: Where I had been on the board for several years and I'll be speaking there about the value of transparency in mediation and so

00:55:45.000 --> 00:55:48.900 Lisa Pomerantz: You know that might be of interest to both attorneys and lay people

00:55:50.190 --> 00:55:52.620 Lisa Pomerantz: So that's coming up and

00:55:54.720 --> 00:55:58.560 Lisa Pomerantz: I, is this an appropriate time to mention, I have my monthly newsletter.

00:55:59.070 --> 00:56:03.540 Lisa Pomerantz: Every time you mentioned yes called making the connection which features.

00:56:03.960 --> 00:56:21.660 Lisa Pomerantz: Articles articles on legal and dispute resolution topics and it's posted on my website at least upon.com or you can send me an email and I'll be happy to subscribe you to it and

00:56:23.880 --> 00:56:24.900 Eric Sarver, Esq.: If I could have been

00:56:24.960 --> 00:56:28.080 Eric Sarver, Esq.: Sorry to interrupt you, but just that we have one minute to ends on say this

00:56:29.160 --> 00:56:35.190 Eric Sarver, Esq.: If anyone wants to reach Lisa my correctly websites www.is Elisa palm.

00:56:35.250 --> 00:56:39.720 Lisa Pomerantz: Lie is a.com

00:56:39.840 --> 00:56:45.870 Eric Sarver, Esq.: Yeah, I can finally says telephone, email information, etc, all the info, she mentioned in the newsletter.

00:56:46.500 --> 00:56:51.210 Eric Sarver, Esq.: To say that I want to thank you sincerely for being on the show. It's been a pleasure to speak.

00:56:51.690 --> 00:57:00.360 Eric Sarver, Esq.: Again, and let people know if you'd like what you're hearing tune in Tuesday nights 5pm to 6pm eastern standard time here on talk radio

00:57:00.600 --> 00:57:07.860 Eric Sarver, Esq.: NYC is the station, a lot of good shows on the station. By the way, I'm shows on Fridays and Thursdays every night and day of the week, I should add

00:57:08.670 --> 00:57:23.130 Eric Sarver, Esq.: And so with that, I want to thank you again America soccer from the last arkansas written quite a lot business law attorney by day talk radio DJ by night on Tuesdays. So thanks everyone for being here. Have a great night. Lisa

00:57:23.490 --> 00:57:26.190 Lisa Pomerantz: Thanks so much for having me. It's been a pleasure.

00:57:26.280 --> 00:57:29.310 Eric Sarver, Esq.: Pleasure. All right, Lisa. Have a great night. Thank you.

00:57:29.460 --> 00:57:30.060 Lisa Pomerantz: Thank you.

00:57:30.510 --> 00:57:31.110 Take care.

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