AGG Talks: Solving Employers’ Problems Podcast Series

Our podcast series features AGG attorneys discussing challenges they have encountered when assisting clients on business and legal issues related to the employment relationship. HR professionals, in-house counsel, and business owners can stay updated on key employment law topics and trends affecting the workplace.

Episode 8: Non-Compete Compliance in 2025: State Trends and Employer Strategies

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.

Episode 7: When DEI Meets the FCA: What Employers Need to Know About the DOJ’s Civil Rights Fraud Initiative

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.

Episode 6: Navigating Employee Leave and Reasonable Accommodation Requests Under the FMLA, ADA, and PWFA

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.

Episode 5: What Employers Need to Know About DEI Policy Changes Under the Trump Administration

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.

Episode 4: Health Plan Premium Surcharges for the Unvaccinated: Are They Legal and How Do They Work?

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.

Episode 3: The American Rescue Plan Act’s COBRA Subsidy: What Is It and How Does It Work?

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.

Episode 2: COVID-19 Vaccines and the Workplace

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.

Episode 1: How to Address Employees Who Do Not Want to Return to the Workplace

As COVID-19 vaccinations have become readily available, more and more businesses are returning employees to work on a pre-COVID schedule. The CDC recently issued guidance stating fully vaccinated people do not need to wear masks in most cases. Some workers, though, are not anxious to return to work. In this episode, AGG Employment partners, Ashley S. Kelly and Theresa Y. Kananen, discuss how to handle several common scenarios in which employees are reluctant to return to work.