Workplace Wake-Up with Jen Shaw

Workplace Wake-Up with Jen Shaw

Join us every Wednesday as we discuss recent developments in Employment Law.

Episodes

June 17, 2026 16 mins

Political discussions at work can quickly create risk for California employers. In this episode, Jen discusses voting leave, political activity protections, off-duty conduct, workplace speech, dress codes, retaliation risks, and practical strategies for keeping the workplace professional and compliant.

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Not every resignation ends the story. In this episode, Jen explains how ignored complaints, retaliation concerns, intolerable working conditions, and poor documentation can turn a resignation into a constructive discharge claim — and what California employers can do to reduce risk before an employee walks out and sues.

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Associational discrimination claims arise from an employee’s relationship with someone else — such as a family member, spouse, friend, or caregiver connection. In this episode, Jen and Joe Beachboard discuss where California employers commonly get into trouble and how to reduce risk when workplace decisions involve an employee’s association with another person.

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In this episode, Jen tackles one of the most debated employer practices: providing references. She outlines the legal guardrails, the moments where well-intentioned disclosures create exposure, and the strategic choices employers make between saying nothing and saying too much. The focus is on building a consistent, disciplined approach that protects the organization while still meeting business needs.

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When harassment allegations involve customers, vendors, contractors, patients, or other nonemployees, employers often face difficult questions: Do we have to investigate? What corrective action is enough? And how does California law differ from federal standards? In this episode, Jen and Joe Beachboard discuss third-party harassment claims, investigation challenges, employer obligations, and practical steps California employers sho...

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In this episode, Jen explains what California law requires when employees use personal cell phones for work and why employers still get it wrong, especially with remote and hybrid teams. She covers where compliance fails, how liability adds up, and the practical, defensible approaches that actually work, including stipends, reimbursements, and policy language that holds up.

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May 6, 2026 15 mins

Last chance agreements are one of the most effective tools employers have when used correctly. Done right, they create clarity, set expectations, and provide a defensible path forward. Done poorly, they create confusion and risk. In this episode, Jen breaks down when to use last chance agreements, what they should include, and how to structure them so they actually work.

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In this episode, Jen and Joe Beachboard break down one of the most important California retaliation decisions in recent years, Contreras v. Green Thumb Produce. The court made clear in that case that even legally “incorrect” complaints can be protected—and changes the risk calculus for every employer.

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Workplace investigations often happen under pressure—tight timelines, high emotions, and real risk. In this episode, Jen focuses on how to structure investigations that are defensible, fair, and practical, even when the stakes are high.

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AI is changing how employees raise concerns—and not always for the better. Complaints are getting longer, more legalistic, and sometimes less grounded in actual facts. In this episode, Jen discusses what this trend means for employers and how to respond without overreacting.

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Bereavement leave feels human—but California law makes it highly technical. In this episode, Jen walks through what’s actually required, where employers unintentionally get it wrong, and why good intentions won’t protect you from liability.

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Providing references sounds simple—but in California, it’s anything but. In this episode, Jen breaks down what the law actually protects, where employers get into trouble, and how to strike the right balance between helping former employees and protecting your organization. Done right, references don’t have to be risky.

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An applicant’s background check shows an arrest or pending charge. What can you ask? What can you consider? And when does the Fair Chance Act apply? In this episode, Jen gives employers a clear, practical framework for navigating arrests and pending charges without violating California law — or creating unnecessary reputational risk.

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Think your payroll provider has wage-and-hour covered? Think again. From regular rate miscalculations to meal period premium errors and bonus mistakes, the most common violations are hiding in plain sight. In this episode, Jen walks through the technical payroll-related traps that still trip up California employers — and how to fix them before they cost you.

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Training repayment agreements, claw-back provisions, and “stay bonuses” are under serious scrutiny in California. What looks like a smart retention strategy may actually be an unlawful penalty. In this episode, Jen breaks down what California now considers an illegal stay-or-pay agreement, where employers are crossing the line, and how to audit your existing contracts before a plaintiff’s lawyer does.

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Most employment cases don’t start with a complaint — they start with culture. In this episode, Jen and Joe Beachboard dig into the foundational elements that determine whether an organization stays out of court: workplace culture, clear policies and procedures, consistent enforcement mechanisms, and leadership that understands when to escalate risk.

Learn why litigation prevention isn’t about reacting faster &mdas...

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Most employment lawsuits don’t start with a policy — they start with a manager’s off-the-cuff decision. In this episode, Jen discusses how well-intentioned leaders unknowingly create legal risk through inconsistency, over-sharing, and poor documentation. This is a practical conversation for HR pros who are tired of cleaning up preventable messes and want leaders to understand their real role in risk management.

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In this episode, Joe Beachboard and Jen dig into the top 10 takeaways from the EmployersLawyer webinar, Confidential California Employer Update: New Laws and Key Cases for 2026—and what they actually mean for California employers.

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News out of Minneapolis has reignited intense workplace conversations across the country — including in California. In this episode, Jen explains what California employers should and shouldn’t do when national events spark heated discussions at work, and how to manage free expression, safety, and harassment concerns without creating legal risk.

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A Los Angeles jury just sent Liberty Mutual Insurance a $103 million message—and it’s this: the numbers matter. Workforce statistics, age patterns, and data trends played a starring role in findings of age discrimination, harassment, and retaliation. In this episode, Joe Beachboard, co-founder of EmployersLawyer, joins Jen to unpack how the data—not just bad emails or rogue managers—helped fuel one of the la...

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