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Welcome back to The Employee Handbook (formerly the HR Podcast—we changed it for the SEO, let’s see if it works). To kick off 2026, Arta and Ryan take a trip north of the border to analyze a case that involves contract law, trade shows, and copious amounts of baby oil.

We examine Newsham v. CanWest Trade Shows, where a male exotic dancer suffered a knee injury after slipping on stage. While the Canadian courts ruled one way, we break down why California’s "ABC Test" would view this "artistic pursuit" very differently.

Whether you are running a trade show, an accounting firm, or a trampoline park, this episode is a masterclass in why you cannot simply "waive" away negligence. We discuss the critical differences between invitees and trespassers, why the Workers' Compensation system is actually an employer's safety net, and why—in California—that independent contractor is probably legally your employee.

In this episode:

• The ABC Test: Why doing business in California means almost everyone is an employee (especially if they are central to your show).
• Premises Liability: From body paint to carpet types, who is responsible when the stage gets slippery?
• Waivers vs. Reality: Why you can’t contract out of ordinary negligence, no matter what the paper says.
• Civil Suit vs. Workers' Comp: Why staying out of civil court is worth the insurance premiums.

Disclaimer: The hosts of this podcast are licensed attorneys, but they are not your attorneys. This episode is for entertainment purposes only.

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The world's largest HR organization just paid $11.5 million for violating its own rules.

SHRM—the Society for Human Resource Management—literally writes the certification exams, publishes the best practices, and trains HR professionals worldwide on how to handle workplace discrimination complaints. Then they got sued for racial discrimination and retaliation by one of their own employees. And lost. Badly.

In this episode, Arta and Ryan break down Muhammad v. Society for Human Resource Management, a federal case out of Colorado where a jury awarded $1.5 million in compensatory damages and slapped on $10 million in punitives after deliberating for just four and a half hours.

The facts read like a checklist of what not to do:

• Complaints escalated through proper channels while the company's response became evidence against them
• The "investigator" had never conducted a discrimination investigation before and couldn't recall his training
• That same investigator was simultaneously ghostwriting emails for the accused supervisor
• A Black employee who raised similar complaints was terminated 17 days later
• The plaintiff was suddenly hit with "non-negotiable" deadlines for the first time—right after complaining
• The court found SHRM "produced no facts showing that it actually investigated"

We cover what employers should actually do when facing discrimination complaints, why company size matters for determining "reasonable" responses, how California's new intersectionality law changes the analysis, and the brutal irony of an HR company becoming a case study in exactly what they teach others to avoid.

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Can you sue your boss for being mean? Is workplace bullying illegal in California? What does HR actually do—and what are they required to tell you?

Employment lawyers Arta Wildeboer and Ryan Ellis separate fact from fiction on the most common workplace myths that trip up California employees and employers alike.

What We Cover:

HR Complaints & Investigations

• HR is not the principal's office—when to go to your manager first
• What employees are legally entitled to know during a workplace investigation
• Your right to participate vs. your right to see the full investigative file

Hostile Work Environment & Workplace Bullying

• What legally qualifies as a hostile work environment in California
• Protected characteristics under FEHA: race, sex, religion, national origin, age (40+), disability, sexual orientation, gender identity, pregnancy, marital status, veteran status
• Why being called names or yelled at daily isn't automatically illegal
• The difference between an unpleasant boss and unlawful harassment

First Amendment & Social Media at Work

• Free speech protects you from government prosecution—not from getting fired
• What speech IS protected: union organizing, whistleblowing, reporting illegal conduct
• Social media posts that can get you terminated

Employer Obligations

• Why California corporations must have legal representation in court
• Training requirements (or lack thereof) for managers
• What employers actually owe employees under California law

Practical Advice

• Why you should never delete text messages, Slack messages, or Teams chats
• When to document, when to escalate, when to leave
• The limits of the legal system for solving workplace problems

Hosted by: Arta Wildeboer (Law Office of Arta Wildeboer, Downey CA) and Ryan Ellis — California employment attorneys breaking down real-world HR and workplace law issues.

Disclaimer: Entertainment only. Not legal advice. Not your lawyers. California-focused.

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California employment law is changing again in 2026—and employers need to prepare now. In this episode of The Employee Handbook, attorneys Arta Wildeboer and Ryan Ellis break down the most significant new California labor laws taking effect January 1, 2026.

Topics covered in this episode:

Wage & Hour Updates

• California minimum wage increasing to $16.90/hour (with higher rates in San Francisco and San Jose)
• New minimum exempt salary threshold: $70,304 annually
• Computer professional exemption: $122,573.13/year
• Licensed physician minimum: $107.17/hour
• SB 261 penalties for unpaid wage judgments—up to 3x the judgment amount

Remote Work Expense Reimbursement

• Labor Code 2802 updates requiring employers to reimburse remote employees for internet, phone, and electricity costs
• What counts as "reasonable" reimbursement and class action risks

Stay-or-Pay Provisions Banned

• California's new prohibition on training repayment agreements and stay-or-pay contract clauses

Workplace Violence Prevention Program (SB 553)

• Required incident logging and documentation
• Penalties up to $25,000 per violation ($158,000 for willful violations)
• PAGA exposure and how violations multiply
• Real examples: Slack threats, customer confrontations, domestic disputes at work
• Annual audit and training requirements
• Espinoza v. Target case discussion

Whether you're a California employer, HR professional, or business owner, this episode provides practical guidance on compliance with California's evolving employment regulations.

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Ever wondered how to navigate the maze of employer responsibilities and employee rights, especially when it comes to mental health and work injuries? This episode promises to unravel the complexities with a blend of humor and practical advice. We illustrate the crucial concepts of actual and constructive notice in workplace injuries.

Our deep dive into California’s stringent workers' compensation laws is a must-listen for employers. We discuss the dire consequences of failing to report incidents promptly, including state intervention and asset seizure.

Honesty and swift action are the keys to compliance, and we explain why providing the DWC-1 form and notice of rights within one day of an injury report is non-negotiable. Beyond the legalities, we emphasize the significance of conducting thorough investigations, maintaining up-to-date employee handbooks, and hiring competent HR personnel. These proactive steps protect not only your business but also foster a fair and safe work environment.

We also tackle the crucial topics of mental health and sexual harassment in the workplace, shedding light on the employer’s role in providing support without admitting liability.

Preventing retaliation and meticulously documenting adverse actions are vital to safeguarding against claims and ensuring a fair workplace. Through engaging discussion and thoughtful insights, we equip you with practical advice to navigate these challenging aspects of employment law. Join us for a balanced mix of light-hearted banter and serious conversation, all designed to keep you informed and entertained while reminding you that our content is strictly for entertainment purposes.

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In a new segment designed to bring our audiences closer to our inner children, we ponder what life would be like if we'd taken a wildly different career path. That's exactly where Ryan and I start off our second season. Ryan makes an odd turn by making a play to become a member of the village people, while Arta looks to corner the market by appealing to a niche demo.

We then discuss the topic of personal/private social media posting as it relates to your job and why it might be a bad idea to broadcast your ideas to the world when you signed up for social media with your real name and where you work. This episode is where we finally start to figure out how to do a show.

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Navigating the labyrinth of disability accommodations and avoiding the snares of discrimination in the workplace can be as complex as a game of legal chess. With us, Arta Wildeboer or and Ryan Ellis, your guides through California's intricate employment law landscape, you're in for an enlightening strategy session. We dissect the spectrum of conditions covered by employment law and the strategic dance between employers and employees when it comes to reasonable accommodations. Along the way, we share real-world scenarios that bring to life the practical implications of these legal challenges, all with a dash of humor and a heaping of expertise to keep things engaging.

Ever wondered how the law distinguishes between various disabilities and what constitutes a reasonable accommodation versus an undue hardship for businesses? Our conversation takes you on a journey through the legal intricacies of both physical and mental disabilities in the workplace. From discussing the delicate balance of accommodating employees without fundamentally altering job roles to dissecting discrimination claims linked to performance issues, we ensure you're armed with the knowledge to navigate these tricky waters. We also delve into the emotional and financial stakes of these claims, providing vital HR strategies for managing complex employee relations.

Topping off this deep dive, we examine the emotional toll of litigation and the crushing weight of punitive damages on a company's bottom line. By emphasizing proactive communication and robust HR policies, we aim to shield your company from costly legal battles and protect the rights of employees. With our combined plaintiff and defense perspectives, we serve up a full course of legal insights flavored with practical advice and the occasional light-hearted anecdote, making this an indispensable resource for anyone vested in the world of employment law.

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This week we delve into a topic that is a common gripe for many employees - Supervisors playing favorites. The perception that the boss has a favorite among the employees can cause a lot of interpersonal tension in the workplace, but it is illegal for the boss to have a bff among the staff?

Our favoritism discussion centers around another Reddit post and we decide if what is going on runs afoul of any laws in California or on the Federal level and whether or not this person is an annoying crybaby.

We also talk about our potential future with Comedy Central and what happens when an employer receives either a Demand Letter or a Summons and Complaint and the difference between the two.