1
00:00:00,040 --> 00:00:02,320
You know how every home has that
one spot, the place you think 

2
00:00:02,320 --> 00:00:05,040
about throughout the day where 
you can finally exhale? 

3
00:00:06,160 --> 00:00:08,400
For me, it's my bed. 
But here's The funny thing, It's

4
00:00:08,400 --> 00:00:10,720
not just my bedding anymore. 
Be honest. 

5
00:00:10,720 --> 00:00:12,880
Who in your house tries to sneak
into your bed the most? 

6
00:00:12,880 --> 00:00:16,520
At mine, it's a toss up between 
my husband and my daughters. 

7
00:00:16,760 --> 00:00:18,680
And I get it. 
Like, it's technically my 

8
00:00:18,680 --> 00:00:20,600
husband's bed too, but it's my 
bed, you know? 

9
00:00:20,920 --> 00:00:22,800
But I get it. 
Because of the. 

10
00:00:22,800 --> 00:00:26,400
Cozy earth sheets and I have the
silk comforter and the linen 

11
00:00:26,400 --> 00:00:28,200
duvet cover on the silk 
comforter. 

12
00:00:28,600 --> 00:00:30,720
It's like. 
Being the VIP. 

13
00:00:30,840 --> 00:00:33,440
Lounge of the house. 
It's like sleeping on a cloud 

14
00:00:33,440 --> 00:00:37,000
and being wrapped in a cloud hug
and I just love it so much. 

15
00:00:37,000 --> 00:00:39,720
In fact, as I'm sharing this 
with you, I want to go and lie 

16
00:00:39,720 --> 00:00:42,720
in bed right now. 
Their sheets, as I've shared 

17
00:00:42,720 --> 00:00:45,600
with you, are made from viscos 
from bamboo, and they naturally 

18
00:00:45,600 --> 00:00:48,160
Wick away heat and moisture. 
So you sleep several. 

19
00:00:48,160 --> 00:00:50,560
Degrees cooler. 
That means even on those nights 

20
00:00:50,560 --> 00:00:53,880
when it feels impossible to get 
comfortable, I actually wake up 

21
00:00:53,880 --> 00:00:56,000
refreshed. 
Thank goodness, because I need 

22
00:00:56,000 --> 00:00:59,160
to wake up feeling that way. 
And it's not just. 

23
00:00:59,240 --> 00:01:02,160
The blanket of course you can 
get any of their blankets like 

24
00:01:02,160 --> 00:01:05,120
the bubble cuddle blanket or as 
I've shared, I have the silk 

25
00:01:05,120 --> 00:01:06,400
comforter. 
It's a. 

26
00:01:06,400 --> 00:01:07,760
Really true. 
Full. 

27
00:01:07,760 --> 00:01:11,560
On experience, the bubble cuddle
blanket in fact has such a plush

28
00:01:11,560 --> 00:01:14,840
texture and mid weight feel that
it's perfect for curling up in 

29
00:01:14,840 --> 00:01:18,480
the bedroom or draped across the
couch as a cozy centerpiece for 

30
00:01:18,480 --> 00:01:20,800
all of your guests. 
And we're approaching fall, 

31
00:01:20,800 --> 00:01:22,920
which is my favorite. 
Season and then winter. 

32
00:01:22,920 --> 00:01:25,280
Is my second favorite season, so
that means that it is the 

33
00:01:25,280 --> 00:01:27,520
perfect time. 
To cozy. 

34
00:01:27,600 --> 00:01:32,120
PFI as I like to say your homes.
And honestly it makes those 

35
00:01:32,120 --> 00:01:34,480
mornings when you just can't get
out of bed even harder. 

36
00:01:34,480 --> 00:01:37,120
And that's kind of the point 
when life feels stressful. 

37
00:01:37,120 --> 00:01:39,200
That's the spot I can't wait to 
retreat to. 

38
00:01:39,600 --> 00:01:41,160
My cozy earth bed feels 
different. 

39
00:01:41,160 --> 00:01:44,240
It's where my comfort and 
comfort for my family lives. 

40
00:01:44,480 --> 00:01:47,520
And once you try it, I guarantee
you you'll never want to go 

41
00:01:47,520 --> 00:01:49,560
back. 
The best part of course is that 

42
00:01:49,560 --> 00:01:52,320
there is 0 risk. 
You get a 100 night sleep trial.

43
00:01:52,320 --> 00:01:55,120
So if you don't love it, you can
send it back, though I promise 

44
00:01:55,120 --> 00:01:57,840
you won't want to. 
There is also a. 10 and your 

45
00:01:57,840 --> 00:01:59,200
warranty because? 
Once you feel. 

46
00:01:59,200 --> 00:02:01,360
This level of comfort, you want 
it to last. 

47
00:02:01,560 --> 00:02:04,760
So do yourself a favor, head to 
cozyearth.com and use my code 

48
00:02:04,760 --> 00:02:08,240
human HR for 40% off. 
And if you get a post purchase 

49
00:02:08,240 --> 00:02:10,759
survey, let them know that you 
heard about cozy Earth right 

50
00:02:10,759 --> 00:02:13,880
here, because your bed should be
more than just a place to sleep.

51
00:02:13,880 --> 00:02:17,360
It should be your happy place to
Cozy Earth makes that possible. 

52
00:02:17,400 --> 00:02:19,880
Welcome to the bringing the 
human back to human resources 

53
00:02:19,880 --> 00:02:22,240
podcast. 
I'm Tracy Chernoff, and I've 

54
00:02:22,240 --> 00:02:24,640
spent my entire professional 
career in HR. 

55
00:02:25,160 --> 00:02:28,280
Each week, we'll explore the 
delicate balance between people 

56
00:02:28,280 --> 00:02:31,240
and business with the aim to 
reconnect the two and create 

57
00:02:31,240 --> 00:02:34,160
meaningful outcomes. 
Listen in as I share my own 

58
00:02:34,160 --> 00:02:37,960
experiences, challenge the 
status quo, and chat with guests

59
00:02:37,960 --> 00:02:41,000
from various industries about 
our mission to bring the human 

60
00:02:41,000 --> 00:02:42,440
back to human. 
Resources. 

61
00:02:42,480 --> 00:02:44,280
Hi, everyone. 
Welcome back to the podcast. 

62
00:02:44,280 --> 00:02:46,480
Thank you so much for being here
for another week. 

63
00:02:46,480 --> 00:02:50,320
I have with me my esteemed 
colleague, although only 

64
00:02:50,320 --> 00:02:52,480
colleagues in the podcasting 
space really because I'm not an 

65
00:02:52,480 --> 00:02:56,680
attorney, but this is Brian. 
You probably, we remember him, 

66
00:02:56,680 --> 00:02:59,640
hopefully know him by now 
because he joins me every month 

67
00:03:00,000 --> 00:03:02,120
for a Policy Pulse segment on 
this podcast. 

68
00:03:02,880 --> 00:03:05,720
And this week or this month, I 
should say, we're actually going

69
00:03:05,720 --> 00:03:08,240
to take a little bit of a 
different approach. 

70
00:03:09,120 --> 00:03:12,480
We have some questions that have
either been submitted or that 

71
00:03:12,480 --> 00:03:16,440
we've kind of asked ourselves 
that we want to pose and kind of

72
00:03:16,440 --> 00:03:20,520
have a bit of a broader 
discussion about and on. 

73
00:03:20,560 --> 00:03:23,440
And so, you know, naturally, if 
you've listened to these Policy 

74
00:03:23,440 --> 00:03:27,640
Pulse segment episodes, you know
that we generally kind of come 

75
00:03:27,640 --> 00:03:31,640
packed with all of these recent 
legislative changes or updates 

76
00:03:31,640 --> 00:03:35,960
or things that could be kind of 
coming down the kind of the 

77
00:03:35,960 --> 00:03:39,360
funnel, so to speak, in terms of
HR and policy and law. 

78
00:03:40,200 --> 00:03:44,280
And so rather than doing just 
that, we're going to speak a 

79
00:03:44,280 --> 00:03:46,680
little bit more broadly, of 
course, as I mentioned. 

80
00:03:46,680 --> 00:03:50,520
And so one of the things that I 
that actually Brian and I were 

81
00:03:50,520 --> 00:03:55,000
talking about offline just 
before is how some of these 

82
00:03:55,000 --> 00:03:58,040
things that we've even reported 
on in the last several months, 

83
00:03:58,480 --> 00:04:02,720
how some of these laws and 
policy changes or upcoming laws 

84
00:04:02,720 --> 00:04:06,880
and policy changes are kind of 
pointing to a more localized 

85
00:04:06,880 --> 00:04:11,920
effort or localization within 
the nature of HR and how we 

86
00:04:11,920 --> 00:04:14,800
navigate some of these things. 
So Brian, I think I'm going to 

87
00:04:14,800 --> 00:04:17,839
leave it to that. 
Maybe we start with how these 

88
00:04:19,200 --> 00:04:23,920
some of these ideas and changes 
proposed by some of these states

89
00:04:23,920 --> 00:04:28,400
have localized our roles a bit 
more, whether it's HR or just 

90
00:04:28,600 --> 00:04:32,520
kind of staying on top of the 
legal updates. 

91
00:04:33,040 --> 00:04:37,480
Yeah, I think, I think the, the 
one of the easiest ways to sort 

92
00:04:37,480 --> 00:04:42,600
of sum it up is that the federal
government is in the process of 

93
00:04:42,640 --> 00:04:49,440
deregulating laws related to HR 
policies related to HR employer 

94
00:04:49,440 --> 00:04:53,320
employee relationships. 
Some States and cities are not. 

95
00:04:53,640 --> 00:04:57,880
And so now as we were discussing
just a minute ago offline, it's,

96
00:04:57,880 --> 00:05:01,920
it's like HR is hyperlocal. 
And it doesn't matter if you're 

97
00:05:01,920 --> 00:05:05,240
only located in Texas, you're 
only located in Illinois. 

98
00:05:06,120 --> 00:05:10,080
If you have employees in a dozen
different states, you have to be

99
00:05:10,080 --> 00:05:14,200
hyperlocal in your knowledge of 
the laws in those States and in 

100
00:05:14,200 --> 00:05:17,080
some cases in individual cities 
where you have employees. 

101
00:05:17,560 --> 00:05:19,880
And that's kind of the, the 
thing that we've talked about 

102
00:05:20,280 --> 00:05:22,560
for a few months now we've 
alluded to, and I think we 

103
00:05:22,560 --> 00:05:25,120
probably said multiple times 
too, is that HR is becoming sort

104
00:05:25,120 --> 00:05:29,160
of a patchwork of, of laws and 
regulations. 

105
00:05:29,160 --> 00:05:33,600
And employers need to be aware 
of, of that patchwork and 

106
00:05:33,600 --> 00:05:37,360
understand what do I need to 
adhere to when I hire an 

107
00:05:37,360 --> 00:05:42,320
employee in this new state? 
What do I need to adhere to when

108
00:05:42,320 --> 00:05:46,440
I advertise to hire a new 
employee in this state or hired 

109
00:05:46,440 --> 00:05:49,520
nationwide? 
Like it's just, there's so much 

110
00:05:51,120 --> 00:05:53,840
there's, so it, it's a tough 
time to be in HR honestly, 

111
00:05:53,840 --> 00:05:56,440
because there's it, it, there's 
so much that you have to know. 

112
00:05:56,440 --> 00:06:00,320
You have to basically get an on 
the job JD in some cases to to 

113
00:06:00,320 --> 00:06:05,680
really really understand and and
effectively implement some of 

114
00:06:05,680 --> 00:06:08,120
these changes that are happening
in both directions. 

115
00:06:08,600 --> 00:06:10,480
Totally. 
And one of the things that I had

116
00:06:10,480 --> 00:06:13,120
said to you before we started 
recording was that in my 

117
00:06:13,120 --> 00:06:18,600
practice, I look at what the 
most strict state or, you know, 

118
00:06:18,880 --> 00:06:21,760
this is, of course, assuming 
just the US regulations, the 

119
00:06:21,760 --> 00:06:24,040
most strict state, because you 
can't, by the way, you can't 

120
00:06:24,040 --> 00:06:28,640
apply like US regulations to 
like Canada or other places 

121
00:06:28,640 --> 00:06:29,640
around the world. 
Don't do that. 

122
00:06:30,160 --> 00:06:32,600
But anyway, I take the most 
strict state and I'm like, OK, 

123
00:06:32,600 --> 00:06:33,840
everyone's going to fall in line
to that. 

124
00:06:33,840 --> 00:06:38,520
Most strict philosophy, but what
we've seen, which is interesting

125
00:06:38,520 --> 00:06:41,600
is that there are some states 
outside of California and New 

126
00:06:41,600 --> 00:06:45,320
York which are the most notable 
for being the most strict or you

127
00:06:45,320 --> 00:06:49,280
know, most employee friendly, 
quote UN quote is that there are

128
00:06:49,280 --> 00:06:52,920
states that are starting to take
strictness to a new level even 

129
00:06:52,920 --> 00:06:57,040
beyond what New York and 
California typically adhere to 

130
00:06:57,040 --> 00:07:00,280
or require from employees. 
So when I think about you use 

131
00:07:00,280 --> 00:07:05,120
the word patchwork, I think 
about how in our roles, like 

132
00:07:05,120 --> 00:07:08,120
it's true, if we have you could 
have employees in 50 states, 

133
00:07:08,120 --> 00:07:11,720
especially if you're a remote 
employer and you have to be able

134
00:07:11,720 --> 00:07:16,240
to figure out, OK, well, is 
California or New York, are they

135
00:07:16,240 --> 00:07:19,280
the most strict in this thing 
that we assume they're the most 

136
00:07:19,280 --> 00:07:21,920
strict with? 
Or is it Colorado or is it 

137
00:07:21,920 --> 00:07:26,720
Hawaii or is it San Francisco, 
not even just California, right.

138
00:07:26,720 --> 00:07:30,560
And so I think there is an 
element there that puts a lot of

139
00:07:30,560 --> 00:07:35,280
ownership on us within HR. 
But then I also think about, and

140
00:07:35,280 --> 00:07:37,680
this is kind of what I had 
written down for us today is 

141
00:07:37,680 --> 00:07:42,520
like beyond federal minimums, 
beyond the state and local laws,

142
00:07:43,000 --> 00:07:47,920
how do employers with this multi
state approach, you know, kind 

143
00:07:47,920 --> 00:07:52,920
of navigate the what could be 
conflicting or overlapping? 

144
00:07:52,920 --> 00:07:55,280
Now, of course, something that's
more strict, like I said, in my 

145
00:07:55,280 --> 00:07:57,800
own practice, that's generally 
what everyone falls in line to, 

146
00:07:58,640 --> 00:08:01,640
but it's a little tough if 
you're you have all of these 

147
00:08:01,640 --> 00:08:05,760
multiple types of rules and laws
and policies that you have to 

148
00:08:05,760 --> 00:08:07,720
navigate. 
Like I think about pay 

149
00:08:07,720 --> 00:08:11,920
transparency versus scheduling 
versus AI and hiring, like all 

150
00:08:11,920 --> 00:08:17,000
of these things can impact a 
company in one sitting, but have

151
00:08:17,000 --> 00:08:20,240
different levels of strictness 
regardless of the state. 

152
00:08:20,240 --> 00:08:24,360
And so how do you, how would you
suggest that companies and HR 

153
00:08:24,360 --> 00:08:26,080
leaders kind of go about 
navigating that? 

154
00:08:27,160 --> 00:08:29,560
Well, I have an unsatisfactory 
answer to that. 

155
00:08:29,600 --> 00:08:33,159
And it it is that it's, there is
no easy way there. 

156
00:08:33,159 --> 00:08:34,480
There is no great way to go 
about it. 

157
00:08:35,520 --> 00:08:38,080
Your approach is one that I 
recommend to clients as well. 

158
00:08:38,080 --> 00:08:43,000
Frequently everybody's a case by
case basis, but broad brush 

159
00:08:43,000 --> 00:08:44,680
strokes. 
Yes, I, I take a similar 

160
00:08:44,680 --> 00:08:48,440
approach to you that if you have
employees in say Texas, Florida,

161
00:08:48,440 --> 00:08:53,200
NY, Washington, IL, pick 
Washington, pick Illinois and 

162
00:08:53,200 --> 00:08:57,640
just make it easy on yourself 
and abide by those, those, those

163
00:08:57,640 --> 00:09:01,000
laws. 
If you have more employees, if 

164
00:09:01,000 --> 00:09:04,200
you have a more robust HR 
department, then maybe you split

165
00:09:04,200 --> 00:09:06,200
it up. 
Maybe you, you have different 

166
00:09:06,200 --> 00:09:10,880
handbooks for different states 
or you have different addendums 

167
00:09:10,880 --> 00:09:14,360
on, on your handbooks for, for 
different states to sort of make

168
00:09:14,360 --> 00:09:17,680
sure you're, you're compliant in
each of the states where, where 

169
00:09:17,680 --> 00:09:19,640
you have employees. 
And to your point, cities as 

170
00:09:19,640 --> 00:09:22,160
well, because some cities have 
higher minimum wages, have 

171
00:09:22,160 --> 00:09:23,400
different reporting 
requirements. 

172
00:09:23,400 --> 00:09:25,320
So it's important to, to keep 
all that in mind. 

173
00:09:25,320 --> 00:09:28,760
Again, going back to the 
hyperlocalness of the, of HR 

174
00:09:28,760 --> 00:09:31,160
today, that that's kind of the 
record. 

175
00:09:31,160 --> 00:09:33,440
I, I'm, I'm with you. 
That's, that's sort of my 

176
00:09:33,440 --> 00:09:35,880
recommendation as well. 
It's not, that's what I mean 

177
00:09:35,880 --> 00:09:37,600
when I say it's unsatisfactory. 
It's not. 

178
00:09:37,760 --> 00:09:40,480
It's not easy, it's not simple, 
it's not efficient. 

179
00:09:41,840 --> 00:09:44,240
You have to, you have to figure 
out what's best, what's best for

180
00:09:44,240 --> 00:09:48,040
your business, what's best for 
your employees, and what, what 

181
00:09:48,040 --> 00:09:49,840
sort of the differences are 
between the states. 

182
00:09:49,880 --> 00:09:51,800
Like if you have a state like 
Florida and a state like 

183
00:09:51,800 --> 00:09:54,320
Washington, your differences are
vast. 

184
00:09:54,400 --> 00:09:57,560
So maybe it does make sense to 
have two different handbooks 

185
00:09:57,560 --> 00:09:59,600
for, for your two different sets
of employees. 

186
00:10:00,880 --> 00:10:04,040
If the states are relatively 
similar and you're just in a 

187
00:10:04,040 --> 00:10:07,600
couple of states, then maybe 
that's OK to to, you know, pick 

188
00:10:07,600 --> 00:10:09,120
the strictest and and go from 
there. 

189
00:10:09,360 --> 00:10:11,640
Again, it's it's sort of a case 
by case basis and it's 

190
00:10:12,040 --> 00:10:14,640
unfortunately it's not easy. 
Yeah, totally. 

191
00:10:14,880 --> 00:10:18,480
I am a big fan of addendums. 
I think that they solve a lot of

192
00:10:18,480 --> 00:10:22,160
headaches, you know, because 
it's like then each person in 

193
00:10:22,160 --> 00:10:24,800
their own state can figure out 
OK, what's applicable to them. 

194
00:10:25,600 --> 00:10:28,360
No, And I, I think that is 
that's pretty satisfactory. 

195
00:10:28,360 --> 00:10:32,000
I think that that helps. 
And I've seen, I mean, in my own

196
00:10:32,000 --> 00:10:37,440
like kind of life helping people
with their handbooks and 

197
00:10:37,440 --> 00:10:40,720
whatever. 
I see some really terribly 

198
00:10:40,720 --> 00:10:43,960
executed handbooks and handbooks
are really important. 

199
00:10:44,280 --> 00:10:47,360
And sometimes people are like, 
Hey, updated my handbook like 20

200
00:10:47,360 --> 00:10:48,160
years ago. 
It's fine. 

201
00:10:48,160 --> 00:10:49,920
You're like, what, what do you 
mean? 

202
00:10:49,920 --> 00:10:53,160
Like things are so different 
even from a year. 

203
00:10:53,160 --> 00:10:56,080
I mean, really the best practice
and at least in my, my book is 

204
00:10:56,080 --> 00:10:59,680
to update a handbook every year,
at least look for any particular

205
00:10:59,680 --> 00:11:03,160
updates that might be relevant. 
But there is, I mean, there's a 

206
00:11:03,160 --> 00:11:06,760
lot of, there's a, there's a lot
of pressure on HR teams, I think

207
00:11:06,760 --> 00:11:10,200
to, to be not only 
knowledgeable, but also 

208
00:11:10,200 --> 00:11:13,800
compliant. 
And when I think about the the 

209
00:11:13,800 --> 00:11:17,400
stigmas associated with HR 
especially, you know, where 

210
00:11:17,520 --> 00:11:20,400
generally handbooks kind of fall
into like HR operations and 

211
00:11:20,400 --> 00:11:24,800
things like that, that it can 
just feel again, kind of tied to

212
00:11:24,800 --> 00:11:27,520
these stigmas that we're just 
focused on, like what the 

213
00:11:27,520 --> 00:11:30,200
business and what protects the 
business and what, you know, 

214
00:11:30,200 --> 00:11:32,920
makes what what businesses have 
to do to make sure that they 

215
00:11:32,920 --> 00:11:36,840
don't get in trouble. 
And realistically, these are 

216
00:11:36,920 --> 00:11:40,120
these regulations are also in 
support of employees, even in 

217
00:11:40,120 --> 00:11:42,760
states where it doesn't 
necessarily feel that way. 

218
00:11:43,120 --> 00:11:47,760
The intention is to at least 
have some sort of understanding 

219
00:11:47,760 --> 00:11:52,120
of what is obligatory for a 
company and what an employee 

220
00:11:52,120 --> 00:11:54,480
falls, you know, kind of falls 
into. 

221
00:11:55,280 --> 00:11:57,720
You know, I think about some 
states like Texas and Florida 

222
00:11:57,720 --> 00:12:01,760
that generally don't really have
many employee friendly laws, but

223
00:12:01,760 --> 00:12:06,480
there are still laws there, like
a minimum wage that are set to 

224
00:12:06,480 --> 00:12:09,160
protect an employee in some 
capacity. 

225
00:12:09,400 --> 00:12:11,800
Obviously it's hard to argue 
that when you compare to another

226
00:12:11,800 --> 00:12:15,440
state, you know, that might be 
more, again, you know, employee 

227
00:12:15,440 --> 00:12:18,240
friendly, so to speak, But 
there's, there's a lot of 

228
00:12:18,240 --> 00:12:23,640
ownership and, and I think that 
in like during COVID, we saw a 

229
00:12:23,640 --> 00:12:27,560
lot of cuts in HR, especially, 
of course, recruiting, but like 

230
00:12:27,560 --> 00:12:29,640
just in general, a lot of 
layoffs. 

231
00:12:29,640 --> 00:12:33,800
Amongst HR teams. 
And now I, I wonder if there's 

232
00:12:33,880 --> 00:12:39,080
any inclination in the business 
landscape that's going to really

233
00:12:39,480 --> 00:12:43,040
kind of require businesses to 
further invest in HR teams and 

234
00:12:43,040 --> 00:12:46,200
not run so lean because most 
there isn't. 

235
00:12:46,400 --> 00:12:49,920
I'm sure that everyone has 
brought this up even within 

236
00:12:49,920 --> 00:12:54,320
their own like experiences, 
anyone listening who's in HR, 

237
00:12:54,320 --> 00:12:56,760
but you know, there's always 
this like what's what is the 

238
00:12:56,760 --> 00:12:58,800
ideal number? 
What's the magic number for like

239
00:12:58,800 --> 00:13:02,040
number of employees to number of
HR partners, right? 

240
00:13:02,440 --> 00:13:04,680
And a lot of companies, they can
they. 

241
00:13:04,680 --> 00:13:07,880
Run up to like. 300 employees 
with just a handful of HR 

242
00:13:07,880 --> 00:13:10,000
people. 
And it's like, can you, can you 

243
00:13:10,000 --> 00:13:12,840
really do that? 
It kind of depends on your, your

244
00:13:13,280 --> 00:13:15,320
distribution, I suppose of 
employees. 

245
00:13:15,320 --> 00:13:18,000
But it's like, is that really 
the right way to go? 

246
00:13:18,000 --> 00:13:21,720
You know, I don't know. 
Yeah, I, I agree. 

247
00:13:21,720 --> 00:13:24,520
And, and I've seen it myself 
over the last, over the last 

248
00:13:24,520 --> 00:13:28,600
decade or so too, that like 
there are so many, so many 

249
00:13:28,600 --> 00:13:31,560
companies like you've said who 
are, who are in that multiple 

250
00:13:31,560 --> 00:13:35,920
100 employee headcount range 
that maybe don't even have a 

251
00:13:35,920 --> 00:13:39,720
dedicated HR team. 
And it's one of those things 

252
00:13:39,720 --> 00:13:42,400
that it makes you, from my 
perspective, it makes you come 

253
00:13:42,400 --> 00:13:45,880
in and think like, wow, it's 
amazing that you've gotten this 

254
00:13:45,880 --> 00:13:50,720
far, not because HR is like 
this, you know, this, this 

255
00:13:50,720 --> 00:13:54,360
revenue generating type type 
department for, for most 

256
00:13:54,360 --> 00:13:58,760
companies, but it does help keep
you compliant and which, which 

257
00:13:58,760 --> 00:14:02,160
is a way of asset protection for
businesses. 

258
00:14:02,160 --> 00:14:06,400
So, yeah, and I think that that 
it's important to, to, to sort 

259
00:14:06,400 --> 00:14:13,200
of, I'll mention 11 instance of 
sort of some recent news out of 

260
00:14:13,200 --> 00:14:15,840
Washington. 
This was just in the last few 

261
00:14:15,840 --> 00:14:23,040
weeks, a judge ruled that 
employees, sorry, candidates and

262
00:14:23,040 --> 00:14:28,600
job applicants can sue 
employers, private employers in 

263
00:14:28,600 --> 00:14:33,960
the state of Washington if they 
don't adhere to the state's job 

264
00:14:33,960 --> 00:14:37,840
posting requirements, namely the
pay ranges that are required. 

265
00:14:38,400 --> 00:14:41,640
And the unique thing about this,
and the reason I'm calling it 

266
00:14:41,640 --> 00:14:46,600
out is because applicants can be
from anywhere and they don't 

267
00:14:46,600 --> 00:14:51,400
have to be qualified. 
So you could just sort of troll 

268
00:14:51,400 --> 00:14:56,040
Indeed and find applicant job 
postings in the state of 

269
00:14:56,040 --> 00:15:00,600
Washington, see that there's no 
job range, salary range posted, 

270
00:15:01,320 --> 00:15:04,440
and then sue that employer. 
Now, do I think this is going to

271
00:15:04,440 --> 00:15:07,200
be an epidemic of just people 
doing that and making a living 

272
00:15:07,200 --> 00:15:08,200
off of it? 
Absolutely not. 

273
00:15:08,200 --> 00:15:13,360
It's not going to be worth your 
time, but it is sort of a it's 

274
00:15:13,360 --> 00:15:17,080
sort of a yellow flag that like 
this is Washington putting 

275
00:15:17,080 --> 00:15:21,160
employers on notice that there 
are multiple ways that you can 

276
00:15:21,160 --> 00:15:24,800
get into trouble for not 
following the rules of of 

277
00:15:24,800 --> 00:15:27,560
Washington state. 
And so I think that's important 

278
00:15:27,560 --> 00:15:32,840
to call that out just to remind 
people that if you're hiring 

279
00:15:33,160 --> 00:15:36,320
nationwide or if you're hiring 
within the state of Washington, 

280
00:15:36,920 --> 00:15:39,960
those rules apply. 
Much like Colorado. 

281
00:15:39,960 --> 00:15:44,600
We've seen that in Colorado too,
where employers based in Texas 

282
00:15:44,600 --> 00:15:47,880
have posted a job on Indeed. 
It's a nationwide job posting, 

283
00:15:48,160 --> 00:15:51,200
no salary range listed. 
That employer gets into trouble 

284
00:15:51,280 --> 00:15:53,640
because they're they're 
accepting applicants from within

285
00:15:53,640 --> 00:15:56,680
the borders of Colorado. 
So again, back to the hyperlocal

286
00:15:56,680 --> 00:15:59,680
patchwork nature of it all. 
You've just got to, got to be 

287
00:15:59,680 --> 00:16:03,480
focused and have, have an 
understanding of, of where 

288
00:16:03,480 --> 00:16:07,200
you're hiring people, where 
you're looking for employees. 

289
00:16:07,840 --> 00:16:11,000
And, and to your point about 
handbooks, making sure that 

290
00:16:11,000 --> 00:16:14,400
those are up to date. 
Because letting it go 20 years 

291
00:16:14,400 --> 00:16:18,160
is just not, it's kind of like, 
you know, yeah, it's not, I 

292
00:16:18,160 --> 00:16:20,000
mean, it's, it's kind of like an
estate plan, right? 

293
00:16:20,000 --> 00:16:22,880
Like you wouldn't, you wouldn't 
let your will go for 20 years, 

294
00:16:22,880 --> 00:16:23,960
right? 
Things change. 

295
00:16:23,960 --> 00:16:27,720
You buy a new house, you have, 
you have a, a kid, you have, you

296
00:16:27,720 --> 00:16:29,960
know, you get divorced, you get 
remarried, you have all these 

297
00:16:29,960 --> 00:16:33,440
life changes over the course of 
20 years, you're going to update

298
00:16:33,440 --> 00:16:34,760
that. 
Same thing is true with 

299
00:16:34,760 --> 00:16:36,600
handbooks. 
Totally. 

300
00:16:36,600 --> 00:16:41,120
I mean, I just as an anecdote, I
remember when the pay 

301
00:16:41,120 --> 00:16:43,760
transparency laws started to 
become a little bit more 

302
00:16:43,760 --> 00:16:45,480
widespread. 
I mean, of course there were 

303
00:16:45,480 --> 00:16:49,120
already states that had these, 
but I think maybe it was New 

304
00:16:49,120 --> 00:16:51,640
York and California kind of 
coming around around the same 

305
00:16:51,640 --> 00:16:56,280
time a few years ago. 
And I remember saying to my team

306
00:16:56,280 --> 00:17:00,000
at the time, not in HR but in 
recruiting, that, hey, we, we're

307
00:17:00,000 --> 00:17:02,760
just, you know, we had, we post 
nationwide, we're posting salary

308
00:17:02,760 --> 00:17:05,680
ranges in every single job. 
And that's just the way it's 

309
00:17:05,680 --> 00:17:06,920
going to go. 
And I remember there were a lot 

310
00:17:06,920 --> 00:17:10,040
of questions not only from the 
recruiting team, but also from, 

311
00:17:10,040 --> 00:17:13,560
you know, the, the leadership, 
like, is this really what we 

312
00:17:13,560 --> 00:17:15,640
have to do? 
Can we just make it specific? 

313
00:17:16,040 --> 00:17:19,040
Like there's no controlling who 
is applying to these job. 

314
00:17:19,040 --> 00:17:22,920
Like as a remote employer, you 
are taking applications unless 

315
00:17:22,920 --> 00:17:25,040
you restrict it. 
Even though you can still get an

316
00:17:25,040 --> 00:17:29,480
application from anyone, you you
have to be compliant in the 

317
00:17:29,480 --> 00:17:32,760
states where you could 
potentially be sourcing a 

318
00:17:32,760 --> 00:17:34,320
candidate and finding a 
candidate. 

319
00:17:35,280 --> 00:17:39,400
And even still, when I scroll on
LinkedIn and of course I look at

320
00:17:39,400 --> 00:17:43,680
jobs, whether they're HR jobs or
otherwise, and I see so many 

321
00:17:43,680 --> 00:17:48,120
companies that don't post the 
salary range in that are like 

322
00:17:48,120 --> 00:17:51,920
based in New York, based in New 
Jersey, and it just doesn't 

323
00:17:51,920 --> 00:17:54,120
really make any sense. 
I don't know. 

324
00:17:54,120 --> 00:17:57,800
And then then I question like, 
well, you know, if I were 

325
00:17:57,800 --> 00:18:00,680
interested in applying to a job 
there, like, is this the company

326
00:18:00,680 --> 00:18:03,520
where they're not even compliant
with, you know, something that's

327
00:18:03,520 --> 00:18:06,720
pretty easy to execute on? 
It's very, very, very strange. 

328
00:18:07,200 --> 00:18:10,000
And I don't know if that, you 
know, sometimes I think it's a 

329
00:18:10,000 --> 00:18:13,760
reflection of whether or not 
they have an HR team, frankly, 

330
00:18:14,040 --> 00:18:18,400
or, and, and, or I wonder, like,
do they just not care? 

331
00:18:18,400 --> 00:18:21,320
Do they think they're above this
law and that it could just get 

332
00:18:21,320 --> 00:18:24,160
away with it? 
But all of what you said is 

333
00:18:24,160 --> 00:18:27,280
really interesting that, you 
know, you could there is no 

334
00:18:27,280 --> 00:18:28,520
controlling where people are 
applying. 

335
00:18:28,520 --> 00:18:31,200
It's not like you're immediately
turned off from the application 

336
00:18:31,200 --> 00:18:33,760
when you enter your street 
address or your home address, I 

337
00:18:33,760 --> 00:18:37,520
should say. 
And I think I, I do think that a

338
00:18:37,520 --> 00:18:41,400
lot of this, I'm going to use 
your term again, patchwork, that

339
00:18:41,400 --> 00:18:44,640
is kind of behind some of the 
ways in which we have to work 

340
00:18:44,640 --> 00:18:46,680
now. 
I think a lot of this comes from

341
00:18:46,680 --> 00:18:49,760
the advent of improved 
technology. 

342
00:18:50,120 --> 00:18:53,840
Because obviously, like when we 
think about LinkedIn or Indeed, 

343
00:18:54,160 --> 00:18:57,680
it's like, wow, you can apply 
for a job anywhere if it's 

344
00:18:57,680 --> 00:18:59,400
remote and you can work from 
anywhere. 

345
00:18:59,680 --> 00:19:03,080
And yet that means that anywhere
applies. 

346
00:19:03,400 --> 00:19:07,720
So all of those laws apply. 
And so it's really quite 

347
00:19:07,720 --> 00:19:10,760
interesting, I think. 
Yeah, it is. 

348
00:19:10,760 --> 00:19:14,320
And so which one do you follow? 
I mean, you know, we, we were 

349
00:19:14,320 --> 00:19:17,360
talking about this offline and 
I'll, I'll, I'll be brief, but 

350
00:19:17,360 --> 00:19:19,320
like it because it's kind of 1/2
baked thought. 

351
00:19:19,320 --> 00:19:25,720
But we could absolutely see it 
in my estimation. 

352
00:19:25,840 --> 00:19:31,760
We could absolutely see some 
states suing other states for 

353
00:19:31,800 --> 00:19:37,720
for their policies for job 
hiring, for example, much like 

354
00:19:37,720 --> 00:19:43,200
we have seen over the last over 
the last year or so, some some 

355
00:19:43,240 --> 00:19:48,160
very conservative states suing 
like Texas suing New York when 

356
00:19:48,160 --> 00:19:51,400
doctors in New York are sending 
abortion pills to patients in 

357
00:19:51,400 --> 00:19:53,920
Texas. 
We could see something similar 

358
00:19:54,000 --> 00:19:59,680
where Texas says Washington, 
you, you cannot have salary 

359
00:19:59,680 --> 00:20:03,240
ranges in job postings that are 
visible to applicants in Texas 

360
00:20:03,240 --> 00:20:07,120
because we forbid having that 
and we could see. 

361
00:20:07,800 --> 00:20:10,560
We could potentially see 
litigation between states on 

362
00:20:10,560 --> 00:20:14,800
stuff like that, which is like I
said it, maybe it's a little, 

363
00:20:14,800 --> 00:20:17,920
yeah, it's a little wild, but I,
I don't think it's out of the 

364
00:20:17,920 --> 00:20:20,600
realm of possibility. 
No, certainly not, especially if

365
00:20:20,600 --> 00:20:25,040
you have a state that's trying 
to assert their opinion on 

366
00:20:25,040 --> 00:20:27,680
something, you know, like how 
far are they going to take it? 

367
00:20:28,400 --> 00:20:31,640
And like you said, we've already
seen that between some states. 

368
00:20:33,000 --> 00:20:37,360
And so it's like, well, 
depending on the topic, they 

369
00:20:37,360 --> 00:20:42,000
might feel really impassioned by
that particular topic and take 

370
00:20:42,000 --> 00:20:44,600
it to that, that level and to 
that extent. 

371
00:20:44,600 --> 00:20:46,720
And then it's just at that 
point, it's like, what are these

372
00:20:46,720 --> 00:20:49,560
states doing with taxpayer 
dollars? 

373
00:20:49,560 --> 00:20:51,600
Like, is this really where you 
want to spend it? 

374
00:20:51,880 --> 00:20:54,080
But I mean, at the end of the 
day, like, it is true, it can 

375
00:20:54,080 --> 00:20:56,600
happen and politics can be very 
petty. 

376
00:20:56,600 --> 00:21:00,240
So I wouldn't count against it 
personally. 

377
00:21:00,400 --> 00:21:02,120
Well, we heard the prediction 
here first. 

378
00:21:02,400 --> 00:21:05,920
So, Brian, if it happens, you 
can totally claim claim rights. 

379
00:21:05,920 --> 00:21:09,560
Claim rights. 
I know that you also wanted to 

380
00:21:09,560 --> 00:21:13,480
talk a little bit about this 
whole idea of free speech. 

381
00:21:14,360 --> 00:21:17,680
And it's just so interesting 
because like I had said to you 

382
00:21:17,680 --> 00:21:22,600
offline, someone had brought up 
something similar to me recently

383
00:21:22,600 --> 00:21:25,120
where I was like, well, it's 
kind of like a fine line between

384
00:21:25,520 --> 00:21:30,760
what someone can and, and is 
responsible for in terms of what

385
00:21:30,760 --> 00:21:34,360
they say, what they can say and 
what they do say online. 

386
00:21:34,360 --> 00:21:38,840
And then what a company's 
ability to kind of enforce their

387
00:21:38,840 --> 00:21:43,120
own policies, expectations or 
brand against what might have 

388
00:21:43,120 --> 00:21:44,440
been said. 
You know, because sometimes 

389
00:21:44,440 --> 00:21:50,320
there's conflicting messaging 
there and that in most cases, 

390
00:21:51,400 --> 00:21:53,720
people can't necessarily just 
say whatever they want. 

391
00:21:53,720 --> 00:21:56,160
So I'll I'll pass to you because
I know you have some thoughts 

392
00:21:56,160 --> 00:21:58,120
there. 
Yeah, I mean it. 

393
00:21:58,120 --> 00:22:02,080
It's an important time, I think,
to remind employees, but also 

394
00:22:02,080 --> 00:22:06,040
employers that free speech is a 
constitutional right. 

395
00:22:07,320 --> 00:22:11,480
And that means it is not a that 
means it protects you from the 

396
00:22:11,480 --> 00:22:15,120
government as an individual, not
from your boss, not from your 

397
00:22:15,120 --> 00:22:22,400
employer, regardless of what you
want to say or on what medium 

398
00:22:22,400 --> 00:22:26,240
you want to say it. 
Free speech is a 

399
00:22:26,240 --> 00:22:27,760
constitutionally protected 
right. 

400
00:22:28,400 --> 00:22:33,520
Everyone inside the borders of 
the United States, regardless of

401
00:22:33,520 --> 00:22:38,560
citizenship, regardless of of of
your heritage, you have those 

402
00:22:38,560 --> 00:22:39,960
constitutional rights to free 
speech. 

403
00:22:41,320 --> 00:22:45,160
Your employer, because America 
is in the mostly an at will, 

404
00:22:45,480 --> 00:22:47,120
with few exceptions, at will 
country. 

405
00:22:47,960 --> 00:22:50,480
Your employer can terminate you 
as long as it's a non 

406
00:22:50,480 --> 00:22:54,280
discriminatory reason. 
So they can terminate you for 

407
00:22:54,280 --> 00:22:56,600
saying something on social 
media, they can terminate you 

408
00:22:56,600 --> 00:22:59,480
for saying something on a 
podcast, they can terminate you 

409
00:23:00,000 --> 00:23:04,680
for basically any reason as long
as it is not discriminatory and 

410
00:23:04,680 --> 00:23:08,520
as long as it's not in say, 
retaliation for a whistle blower

411
00:23:08,520 --> 00:23:13,440
claim or something like that. 
So your free speech rights as it

412
00:23:13,440 --> 00:23:17,840
as it relates to your employer 
are quite limited. 

413
00:23:19,040 --> 00:23:21,880
That's not to say that you 
shouldn't speak your mind, you 

414
00:23:21,880 --> 00:23:27,320
just need to be aware of the 
limitations of those rights that

415
00:23:27,320 --> 00:23:30,200
you have. 
Right, No, it, I think it's, we 

416
00:23:30,200 --> 00:23:32,880
should probably have like an 
annual reminder on this because 

417
00:23:34,040 --> 00:23:36,600
I, you know, look, I scroll very
deeply and read it. 

418
00:23:36,600 --> 00:23:39,760
I don't really contribute a lot.
I like to just read the other 

419
00:23:39,760 --> 00:23:41,880
crazy thoughts that are not 
other crazy thoughts because I 

420
00:23:41,880 --> 00:23:44,720
don't have crazy thoughts, but 
the, the, the people out there 

421
00:23:44,720 --> 00:23:49,080
that have just like crazy 
opinions, in my opinion, crazy 

422
00:23:49,080 --> 00:23:51,600
opinions on things. 
And of course, there's like an 

423
00:23:51,640 --> 00:23:55,760
HR subreddit. 
And really I just kind of, I 

424
00:23:55,760 --> 00:23:58,120
browse right. 
Like I want to see in people who

425
00:23:58,120 --> 00:24:01,920
are not in HR will ask HR people
questions in that subreddit. 

426
00:24:02,360 --> 00:24:05,400
And sometimes I see things that 
are really bewildering, like, 

427
00:24:05,600 --> 00:24:10,200
you know, my, I, my employer 
terminated me or rescinded my 

428
00:24:10,200 --> 00:24:13,680
job offer because of my social 
media page or because I have 

429
00:24:13,680 --> 00:24:15,640
only fans, which I don't, by the
way. 

430
00:24:15,640 --> 00:24:18,680
I'm I'm reiterating what people 
say on Reddit. 

431
00:24:18,680 --> 00:24:21,360
This is not coming out right. 
I do not have that. 

432
00:24:21,360 --> 00:24:24,400
I'm barely on Instagram. 
You would not catch me on there 

433
00:24:25,320 --> 00:24:27,680
anyway. 
This is not OK. 

434
00:24:27,680 --> 00:24:30,960
Let me, should I start over 
Anyway, you get where I'm saying

435
00:24:30,960 --> 00:24:33,560
what I'm saying, But this is 
like these are questions that or

436
00:24:33,680 --> 00:24:35,920
things that people are bringing 
up on on the subreddit. 

437
00:24:36,240 --> 00:24:40,200
And it's like they're really 
confused why their employer 

438
00:24:40,600 --> 00:24:44,240
takes kind of like a formal 
stance against them and says you

439
00:24:44,280 --> 00:24:46,840
either can't work here, you 
can't work here any longer. 

440
00:24:47,160 --> 00:24:50,640
And most people in that 
subreddit will reply saying, 

441
00:24:50,640 --> 00:24:54,520
look, you know, an employer is 
like free to do that unless 

442
00:24:54,520 --> 00:24:57,280
you're in one of these few 
states that are not at will. 

443
00:24:58,400 --> 00:25:03,120
And that ultimately, like, yeah,
your presence online could 

444
00:25:03,120 --> 00:25:08,680
affect your ability to be hired 
or maintain your employment. 

445
00:25:08,960 --> 00:25:12,400
And I think about, you know, 
this just from the perspective 

446
00:25:12,400 --> 00:25:18,480
of like brand connection, like 
if someone has and only fans or 

447
00:25:18,480 --> 00:25:22,880
something that's maybe a little 
bit more controversial or like 

448
00:25:22,880 --> 00:25:26,400
puts them paints themselves in 
like a way that maybe the the 

449
00:25:26,440 --> 00:25:28,760
company does not want to align 
themselves with. 

450
00:25:29,320 --> 00:25:31,960
That's kind of that. 
And it doesn't matter whether 

451
00:25:31,960 --> 00:25:35,680
you have the right to do 
whatever you want with whomever 

452
00:25:35,680 --> 00:25:39,560
you want and however you want 
online, there is potential for 

453
00:25:39,560 --> 00:25:41,360
repercussion. 
And at the end of the day, I 

454
00:25:41,360 --> 00:25:45,080
mean, just like being a smart 
consumer, you can be a smart 

455
00:25:45,080 --> 00:25:48,160
provider and like you can 
decide, OK, this is what I want 

456
00:25:48,160 --> 00:25:50,400
to do for myself and I don't 
care if I'm fired. 

457
00:25:50,400 --> 00:25:53,560
Or you can say, oh, actually I 
don't want these repercussions. 

458
00:25:54,280 --> 00:25:56,120
I'm going to just like not do 
this. 

459
00:25:56,440 --> 00:26:00,360
And then sometimes, just my last
point on this, I've actually not

460
00:26:00,360 --> 00:26:03,040
sometimes it's maybe less 
sometimes and more so like in 

461
00:26:03,040 --> 00:26:07,840
the past, I've had questions 
from friends actually who have 

462
00:26:07,840 --> 00:26:11,680
said that they make their 
profiles private. 

463
00:26:11,680 --> 00:26:14,120
Doesn't that protect them in any
way? 

464
00:26:14,200 --> 00:26:16,800
And no it doesn't because you 
can get docs to anytime. 

465
00:26:16,800 --> 00:26:20,960
Like someone whoever follows you
could easily just share whatever

466
00:26:21,160 --> 00:26:24,560
thing you might post that you 
think is, you know, appropriate 

467
00:26:24,560 --> 00:26:27,200
for your page, but isn't 
necessarily something that 

468
00:26:27,200 --> 00:26:30,440
again, like a brand or your 
company would want to align 

469
00:26:30,440 --> 00:26:32,920
with. 
So I think maybe it's part of 

470
00:26:32,920 --> 00:26:36,360
maturing and it is like 
understanding that, you know, 

471
00:26:36,360 --> 00:26:39,520
understanding that you are not. 
You sure you have? 

472
00:26:39,520 --> 00:26:42,200
Freedom of speech, but that 
doesn't mean that your employer 

473
00:26:42,200 --> 00:26:45,200
wants you to say anything and 
everything at any time. 

474
00:26:45,280 --> 00:26:47,240
We saw this like with the 
insurrection to people were 

475
00:26:47,240 --> 00:26:50,360
arrested, you know, and then 
their employers decided that 

476
00:26:50,360 --> 00:26:53,920
that was not, you know, that did
not align with their company 

477
00:26:53,920 --> 00:26:56,360
messaging. 
Yeah, exactly. 

478
00:26:56,920 --> 00:26:59,720
And I think it's, I think it's 
asking sort of the question of 

479
00:26:59,720 --> 00:27:01,520
should you be able to say 
things? 

480
00:27:01,560 --> 00:27:04,880
Yes, I, I think you should. 
I, I'm not necessarily a free 

481
00:27:04,880 --> 00:27:09,320
speech absolutist like somebody 
like Elon claims to be, but I, 

482
00:27:09,320 --> 00:27:12,600
I, I think with a few 
limitations, yes, you should be 

483
00:27:12,600 --> 00:27:15,160
able to say what you want. 
If, you know, you can't incite 

484
00:27:15,160 --> 00:27:19,840
violence, you can't threaten 
people with with physical or 

485
00:27:19,840 --> 00:27:25,000
imminent harm, shouldn't say 
like just abhorrent things about

486
00:27:25,000 --> 00:27:28,160
other people or about people in 
general or just abhorrent 

487
00:27:28,160 --> 00:27:33,280
things, period. 
But that doesn't mean that the 

488
00:27:33,280 --> 00:27:37,200
existing laws that we have in 
this country give you the right 

489
00:27:37,480 --> 00:27:41,480
to say those things. 
And yeah, I think it's just kind

490
00:27:41,480 --> 00:27:46,760
of understanding where we are 
that there are some statutes in 

491
00:27:46,760 --> 00:27:50,160
some States and cities that 
provide some protections for 

492
00:27:50,160 --> 00:27:52,840
employees to say what they want 
on social media without 

493
00:27:52,840 --> 00:27:54,600
repercussion. 
Again, as long as it's not 

494
00:27:54,600 --> 00:27:57,040
inciting violence, as long as 
it's just not generally 

495
00:27:57,040 --> 00:28:01,960
abhorrent speech. 
But to claim that you had, as an

496
00:28:01,960 --> 00:28:04,320
employee, have a constitutional 
free speech right to say 

497
00:28:04,320 --> 00:28:07,840
whatever you want with your as 
it relates to your employer, 

498
00:28:08,160 --> 00:28:10,400
that's unfortunately not not the
case. 

499
00:28:11,360 --> 00:28:15,200
You know, my last point on this 
is that there is someone on 

500
00:28:15,200 --> 00:28:18,000
LinkedIn. 
I won't even say that I follow 

501
00:28:18,000 --> 00:28:20,080
them so much. 
I think that they just come up 

502
00:28:20,080 --> 00:28:22,040
on my LinkedIn. 
I don't know, it's an algorithm 

503
00:28:22,040 --> 00:28:27,160
thing and they are like actively
outing their past employer and 

504
00:28:27,240 --> 00:28:31,320
like, like, I think that's 
probably why I still like get it

505
00:28:31,320 --> 00:28:33,880
because I keep reading like what
they're saying, but it's like, 

506
00:28:34,120 --> 00:28:39,160
see another person from insert 
company name is like terminated 

507
00:28:39,160 --> 00:28:40,840
for this thing. 
And like people are starting to 

508
00:28:40,840 --> 00:28:43,200
talk and like they're talking 
about the culture and like the 

509
00:28:43,640 --> 00:28:46,920
toxicity and all this stuff. 
And I'm like, I just don't think

510
00:28:46,920 --> 00:28:51,800
you'd ever catch me doing that. 
Like I it's just, I get it. 

511
00:28:51,880 --> 00:28:53,520
They're they're not there 
anymore. 

512
00:28:53,520 --> 00:28:57,480
And so yes, they can, you know, 
what's the harm in terms of 

513
00:28:57,480 --> 00:28:59,920
their relationship with that 
that company. 

514
00:28:59,920 --> 00:29:03,440
But I don't know, I just, I feel
like I'm kind of a product of 

515
00:29:03,600 --> 00:29:06,680
like my parents generation. 
They're boomers where it's like,

516
00:29:06,680 --> 00:29:10,600
Oh my gosh, you could burn every
single bridge because it's a 

517
00:29:10,600 --> 00:29:15,760
small industry potentially that 
this person's in and this is how

518
00:29:15,760 --> 00:29:19,200
you want to spend your time 
online, like just completely 

519
00:29:19,600 --> 00:29:22,720
destroying them with your name. 
It's like they're not even 

520
00:29:22,720 --> 00:29:26,040
attempting to disguise 
themselves and Glassdoor reviews

521
00:29:26,040 --> 00:29:29,720
like they're just, they are just
putting it all out there. 

522
00:29:29,720 --> 00:29:32,560
And I mean, like, again, it's 
kind of a paradox. 

523
00:29:32,560 --> 00:29:37,000
Like you can say kind of 
anything, of course with the 

524
00:29:37,000 --> 00:29:41,680
asterisk of, you know, what is 
reasonable to say and not 

525
00:29:41,680 --> 00:29:45,480
illegal, but it's like, are, is 
there any thought on 

526
00:29:45,480 --> 00:29:47,880
consequences? 
Like if I were that person's 

527
00:29:48,040 --> 00:29:50,880
potential future employer, I 
don't think I'd be interviewing 

528
00:29:50,880 --> 00:29:53,320
them. 
I'd be like, you make one 

529
00:29:53,320 --> 00:29:55,600
mistake and then you're going to
be outed like that. 

530
00:29:56,280 --> 00:29:57,880
You're right. 
It, it's a fine line because 

531
00:29:57,880 --> 00:30:02,400
there's the, there's that, that 
that mindset of, you know, I can

532
00:30:02,400 --> 00:30:04,520
say what I want and yeah, I 
agree with that. 

533
00:30:04,600 --> 00:30:08,080
You can and should say what you 
want, but you have to be 

534
00:30:08,080 --> 00:30:13,120
prepared for the repercussions. 
And in our society, there can be

535
00:30:13,560 --> 00:30:17,760
nearly unlimited repercussions 
from your current or potential 

536
00:30:17,760 --> 00:30:21,560
employers for, for things that 
you may say that they just, they

537
00:30:21,560 --> 00:30:23,720
just don't want to touch. 
Some employers are fine with it.

538
00:30:23,720 --> 00:30:27,120
Some employers are like, yeah, 
we, we are going to speak freely

539
00:30:27,120 --> 00:30:28,720
about politics. 
We're going to speak freely 

540
00:30:28,720 --> 00:30:34,040
about, about civil rights. 
Like maybe, maybe those are the 

541
00:30:34,040 --> 00:30:37,320
employers that, that people like
that need to, need to find. 

542
00:30:37,600 --> 00:30:40,920
But for the most part, I, I tend
to agree with you. 

543
00:30:41,560 --> 00:30:44,800
I don't necessarily subscribe to
the same idea anymore, but I 

544
00:30:44,800 --> 00:30:47,680
tend to agree with you that the 
majority of, of American 

545
00:30:47,680 --> 00:30:49,960
companies are like that, that 
like, we're just gonna stay away

546
00:30:49,960 --> 00:30:51,400
from this. 
We don't want the hassle. 

547
00:30:51,400 --> 00:30:54,360
We don't want the stress with 
with someone who is who is that 

548
00:30:54,360 --> 00:30:55,760
open? 
Yeah, exactly. 

549
00:30:55,800 --> 00:30:59,760
And and I realize I've already 
said this is my final thing like

550
00:30:59,800 --> 00:31:02,880
3 separate times, but this is 
really my final thing because I 

551
00:31:02,880 --> 00:31:04,560
have to insert this quote. 
It's so good. 

552
00:31:04,720 --> 00:31:07,720
It is from a former Real 
Housewives of Housewife of New 

553
00:31:07,720 --> 00:31:11,640
York, Dorinda Medley, who said 
say it, forget it, write it, 

554
00:31:11,640 --> 00:31:13,960
regret it. 
And that is like, you know, 

555
00:31:13,960 --> 00:31:18,120
those are words to live by, I 
think because you say something 

556
00:31:18,120 --> 00:31:20,960
and maybe people like completely
forget what you actually said 

557
00:31:20,960 --> 00:31:24,240
because the game of telephone. 
But when you write it, that's 

558
00:31:24,320 --> 00:31:27,640
that's it. 
It's an ink or online forever. 

559
00:31:27,640 --> 00:31:29,760
You know you have no idea who 
screenshots things. 

560
00:31:30,640 --> 00:31:34,080
Exactly, exactly. 
I will say, just to twist this 

561
00:31:34,080 --> 00:31:38,760
back to HR, that you absolutely 
want to write it down when it 

562
00:31:38,760 --> 00:31:42,800
comes to HR because if you don't
write it down, it didn't happen.

563
00:31:42,920 --> 00:31:45,040
If you don't document it, it 
didn't happen. 

564
00:31:45,040 --> 00:31:46,000
Yeah, yeah, yeah. 
Right. 

565
00:31:46,000 --> 00:31:50,000
Document everything unless you 
don't want to regret it later 

566
00:31:50,000 --> 00:31:52,200
because it has nothing to do 
with HR, right? 

567
00:31:52,320 --> 00:31:55,280
That's fair, that's fair. 
That would be taking it back to 

568
00:31:55,280 --> 00:31:57,520
Real Housewives of New York, the
OG cast. 

569
00:31:58,480 --> 00:32:00,760
Amazing. 
Well, Brian, thank you so much. 

570
00:32:01,120 --> 00:32:03,800
Really appreciate it. 
I think the next time we speak, 

571
00:32:03,800 --> 00:32:06,000
maybe we'll infuse some of these
additional questions that we 

572
00:32:06,000 --> 00:32:09,520
have for you. 
And for any listeners who want 

573
00:32:09,600 --> 00:32:14,040
to ask any questions directly to
Brian, please feel free to send 

574
00:32:14,040 --> 00:32:15,240
those in. 
You can e-mail me at 

575
00:32:15,240 --> 00:32:18,240
contact@hrtracy.com. 
And Brian, thank you so much 

576
00:32:18,240 --> 00:32:20,320
again, and we'll see you next 
month. 

577
00:32:20,440 --> 00:32:21,560
Thank you, Tracy. 
Appreciate it. 

578
00:32:21,680 --> 00:32:24,960
Hey, just before you go, don't 
forget to subscribe to the show 

579
00:32:24,960 --> 00:32:27,840
so that you are the first to 
hear when an episode drops each 

580
00:32:27,840 --> 00:32:31,280
week and maybe leave a five star
review and a comment about how 

581
00:32:31,280 --> 00:32:34,080
much you love this episode. 
Plus, if you have someone in 

582
00:32:34,080 --> 00:32:36,560
mind who would really enjoy this
episode, make sure you share it 

583
00:32:36,560 --> 00:32:38,520
with them. 
Thank you so much for tuning in 

584
00:32:38,520 --> 00:32:39,880
and I'll see you next week.
