HR BESTIES - HR Besties Happy Hour - SHRM Hearing and Scare Tactics

Episode Date: October 25, 2024

Welcome back to another Happy Hour, Besties! We’re sure as hell glad it’s Friday. In this Happy Hour: Ashley, as seen on television... Emotional support shows Legal updates SHRM Hearing You...r To-Do List: Grab merch, submit Questions & Comments, and make sure that you’re the first to know about our In-Person Meetings (events!) at https://www.hrbesties.com. Follow your Besties across the socials and check out our resumes here: https://www.hrbesties.com/about.  We look forward to seeing you in our next meeting - don’t worry, we’ll have a hard stop! Yours in Business + Bullsh*t,  Leigh, Jamie & Ashley Follow Bestie Leigh! https://www.tiktok.com/@hrmanifesto https://www.instagram.com/hrmanifesto https://www.hrmanifesto.com Follow Bestie Ashley! https://www.tiktok.com/@managermethod  https://www.instagram.com/managermethod https://www.linkedin.com/in/ashleyherd/ https://managermethod.com Follow Bestie Jamie! https://www.millennialmisery.com/ Humorous Resources: Instagram • YouTube • Threads • Facebook • X Millennial Misery: Instagram • Threads • Facebook • X Horrendous HR: Instagram • Threads • Facebook Tune in to “HR Besties,” a business, work and management podcast hosted by Leigh Elena Henderson (HRManifesto), Ashley Herd (ManagerMethod) and Jamie Jackson (Humorous_Resources), where we navigate the labyrinth of corporate culture, from cringe corporate speak to toxic leadership. Whether you’re in Human Resources or not, corporate or small business, we offer sneak peeks into surviving work, hiring strategies, and making the employee experience better for all. Tune in for real talk on employee engagement, green flags in the workplace, and how to turn red flags into real change. Don't miss our chats about leadership, career coaching, and takes from work travel and watercooler gossip. Get new episodes every Wednesday and Friday, follow us on socials for the latest updates, and join us at our virtual happy hours to share your HR stories. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Starting point is 00:00:00 Happy Friday besties. It's happy hour. We made it yet another week. Look at this. And oh my gosh, it's what? Almost the end of the year. I know. What the heck? I mean, it's already 2025 in my mind. I don't know about y'all. Two months and it's 2025. Like, whoa. What the heck? I mean, it's already 2025 in my mind. I don't know about y'all. Two months and it's 2025. Like, whoa, what? Freaky. Like, totally freaky.
Starting point is 00:00:31 But what do we have today? Happy hour wise, maybe a couple little legal updates and some fun stuff. Well, I'll do the fun stuff first. I was on, this past weekend, I was on a reality show. Like the TV box. Yes. You can add reality star on your resume now.
Starting point is 00:00:52 Well, I don't know about star. Hell yeah, you should. Put it on your LinkedIn profile. My new title from the show is Prankster. So I am on the show Scare Tactics,, which had been on if you were like, wait, that sounds familiar. It was on the air years ago, and it was hosted by Tracy Morgan, Shannon Doherty, Rest In Peace, and it's like a horror themed prank show. So it's like someone in the know that's pranking a friend, but it's like horror themed. And so it got rebooted
Starting point is 00:01:20 by Jordan Peele. And I got Peele and Conjuget involved. It was nothing like regarding any of this stuff. But my comedy coach, Lace Larabee, who was on America's Got Talent, her casting director from that, and she was actually on it two weeks ago. I didn't realize that was going to happen. But so Lace was like, hey, they're looking for like professional people. And so anyway, so we went through, but I, you have to think about who you're going to prank. And it had to be in Atlanta.
Starting point is 00:01:45 That's why obviously I wouldn't have chosen my besties and you can't choose between two besties. So I would have picked both. But then I would have made them come to Atlanta under the guise of filming and then totally pranked them. But I picked my best friend from law school, Megan, who is like a big time lawyer. Pretty much all she does is like lawyer and mom. And so, I know she likes horror things, but so under the guise, she thought we were going to be
Starting point is 00:02:12 on a show called Thrill Ride, where they're like, you know, so we had to go through all these interviews, and then maybe we'll fly you to the Bahamas to swim with sharks for the day. So I still owe her a trip to the Bahamas. But instead, I told her it was the day, actually, this is the day I took my kids to summer camp where they were going away. And we were leaving the next morning for the Dominican Republic for this trip. And so, and I took her instead to an estate sale, like this mansion south of Georgia. And I have weird ideas.
Starting point is 00:02:39 So this was not outside the norm. So she was not suspecting something, but you can watch it. So you can watch it on USA. If you go to USA Networks YouTube, you can see like at least a three minute glimpse of it, but if you stream it, you can find the whole episode. But so we are at an estate sale. And so you can see me, I got some comments.
Starting point is 00:02:57 I put it on like TikTok and Instagram and somebody on TikTok is like, oh my God, I thought that's that lady from TikTok. And so I went to find you. And so honestly, it was so much fun. But my friend Megan was a champ in the fact that we are still friends I'm thankful for. But it was pretty funny. Oh man.
Starting point is 00:03:17 I watched it that evening. I have it recorded. Knowing you though, like I was dying laughing because it was so obvious like you have a secret or you're up to something. You kind of do this face, you know the face, right? Like, oh, like something's happening, something's going on. Like all obvious, you know? That's so true. Yeah, but it was all cute, you know? Like, oh man, like your friend Megan, let me tell you if that was me, I'd be like, girl, I'm getting the fuck out of here. You know, like, oh, man, like your friend Megan, let me tell you, if that was
Starting point is 00:03:45 me, I'd be like, girl, I'm getting the fuck out of here. Like, I mean, all like, uh-uh, what the hell? We need to call the police. What the hell happened in there? Like all loud, like what happened? I'm out of here. Oh, boy. She was a good sport. My favorite part though is when she was like, Ashley! Like she was so worried about you. They do say that. And so a little bit of spoiler alert that she is, as she's getting pranked and getting the shit scared out of her, including in multiple ways,
Starting point is 00:04:11 I knew one was gonna happen. I did not know the other was going to happen. And so when I heard like this even louder scream, you could have heard it from states away. But when she was screaming my name and looking for me, they're like, at the end, they're like, she is a legit friend because they're like, there are people that just get the fuck out of there.
Starting point is 00:04:28 I know, right? Let's go running. Yes, they only, so she is a real friend. See, I would have ruined the prank because I wouldn't have let you go back there. No, right. Yeah. You know what I mean? I'll grab you all, oh no, uh-uh. Like, you know, all Hispanic. I mean, running down the street. Like, we are out of here, girl. Like, you don't want to go see no private collection. Are you serious?
Starting point is 00:04:46 Here I go. Of course I want to see it. I did something the other day and I won't not relevant what it was, but I got it in my cheeks hurt. The waffling. On our text chain. I got a communication and I shared it with the girl.
Starting point is 00:05:03 I'll say no more about that. But Lee's response, she's like, this just proves you've had a yes face your whole life. And it was, it was true. So. This just proves you've had a yes face your whole life and it shows or something like that. And it shows. Yeah.
Starting point is 00:05:14 It was real. Yeah. Yeah. Yeah. Oh man. Oh, you've had a yes face your whole life and it shows. That's what it was. That's what it was. And it was true. I thought about that for, and I texted hours later. I was like, I'm still laughing about this, but it was, That's what it was. And it was true. I thought about that and I texted hours later. I was like, I'm still laughing about this. But it was a fun episode.
Starting point is 00:05:27 And so I do recommend, especially if you have a friend that's going to go within the prank, but not actually kill you as part of it. You got to thread the needle on that. But it was fun. The whole team was fun. There was a huge, like a huge crew of so many people putting it on, a bunch of actors around Atlanta. And so, and the producer is Elon Gale, who I didn't realize it till after that he produced
Starting point is 00:05:50 the original Bachelor. I've been following him on Instagram for years. But I didn't recognize who it was there at the time. Otherwise, I would have gotten a selfie with him. And so, regret that, but that's fine. Oh, but shout out. Well, reality star, who knows, you might be on Real Housewives of Atlanta next season. There you go.
Starting point is 00:06:08 There you go. Fair point. That would be a horror show all on its own. Like Georgia, man, is like mini Hollywood. For real. Like there's such a campaign with that state. You always see the shows in with that. Georgia Peach.
Starting point is 00:06:21 Filmed in Georgia. Like, yeah, with the Georgia Peach. I get excited. I mean, oh my gosh. Every time I get excited and yeah, there's like Tyler Perry has the big studios here. There's another one. It was a GM plan that's turned into assembly. We were going to be on House Hunters International when we moved to Australia, but it was too
Starting point is 00:06:37 stressful. I couldn't do it with the move. And so this was it. Also, you know that you've't, you have already purchased the house that you pick on House Hunters. Yeah, you've already picked out where you're gonna live. Yeah, yeah, you already pick and then the two other houses are just two rando houses.
Starting point is 00:06:54 So like, when I found that out, it kind of, it ruined the fun for me. Right, right, yeah. I counted at one point, I had no seven different people who have been on House Hunters. Holy shit. Oh my gosh. Totally coincide, like totally coincide. One of my seven different people who have been on House Hunter. Holy shit. Oh my gosh.
Starting point is 00:07:06 Totally coincide, like totally coincide. One of my friends from law school has been on it three times and she's lived internationally and she moved back to the US, but she did a blog about that. I'll link to it in our Instagram stories. But so she did a blog about that and yeah, like they totally, they totally have their house picked up. It doesn't ruin it for me because I still love to guess. Oh, still I love to guess, yeah.
Starting point is 00:07:30 I watch House Summers every night before bed, every single night. So it's my... Oh, is that your comfort show? So, really. Yeah. Nice. Your emotional support, show on repeat. Ha ha.
Starting point is 00:07:39 At Wealthsimple, we're built for whatever you're building. Built for Jane, who wants to break into the housing market. We're built for Ted, who's obsessed with what's happening in the global markets. And built for Celine, who just wants to retire and explore the world's flea markets. So take a moment and think about what you're building for. We've got the financial tools to help make it happen. Wealthsimple, built for possibilities. Visit wealthsimple.com slash possibilities.
Starting point is 00:08:13 Lee, what's your emotional support show? Do you have one? Right now I'm watching The Great on Hulu. I don't know that one. It was like a cheeky history comedy with some hot guy. Chris, name Chris, of course, Chris something. I know, I know, but I'm always watching something. I've got tons of shows, you know, so I'm always, you know, like I do the documentaries, I do
Starting point is 00:08:38 the, I'm doing such, you know, I just watched that Sweet Bobby. Have you all watched that yet about the catfish? Literally, I was just about to say, last night watched that Sweet Bobby. Have y'all watched that yet about the catfish? Literally, I was just about to say last night, I started Sweet Bobby. I only got three minutes into it before I fell asleep. And so I want to watch it. The catfish. I watched it when it came out last Thursday. I think it was. I'm going to watch that this weekend. What's that on? Because I'm like running down to look it up. That's Netflix.
Starting point is 00:09:02 My comfort show that y'all are going to make fun of me is Ridiculousness. And it's always on MTV. So I never have to worry about finding it. But my husband and I started Lost last night. And I've never seen Lost but it's on Netflix. And so my mom was a big Lost fan. And she always said, I should watch it. I'd enjoy it. But I was I was in college like getting drunk. I wasn't going to watch fucking TV show. You know what I'm saying? So I'm actually like, we only watched three episodes last night, but I am sucked in guys. Oh, I love it. Oh man. Well, good times. And I love that you had Scare Tactics go live or finally come out on work besties day, right? Which was last Friday. It's like a perfect holiday. I know.
Starting point is 00:09:45 It totally made sense. And you're there with the bestie, pranking her and scaring the crap out of her. That was sweet. So just like the workplace. Very similar. But I thought that was a great day for those listening. Hopefully, you all did a little something
Starting point is 00:10:02 or shared a work besties meme. I know Jamie shared a whole carousel of a whole bunch of work besties stuff she collected. We shared some whatevers on our, all these phrases, whatever picture things, meme, I guess it was too, on the HR Besties social. And you all put in so many reviews for us on the Apple and the Spotify. Thank you. Thank you. Thank you for showing that love that just helps us continue the show. So we appreciate that work besties. But did you all have a fun day celebrating work besties day, national work besties day? Yeah, I did. The crumble since crumbled y'all and Oh, yes, Ashley sent the cookies. Oh, and I slept for those. So good. So good. Oh, I love a cookie.
Starting point is 00:10:56 Actually, me and my I'm gonna give a shout out to my work bestie Abby. Whenever we're in office together, we order cookies. Really? Oh, that's smart. I respect that too. I respect that. It's like our little thing. But it was such a good day, and of course we were celebrating the anniversary of our podcast, so that should be easy to remember now. So now we're a toddler. Now we've hit the one, the first birthday, so now we're going into our toddler years.
Starting point is 00:11:24 For 12 months. We had to speak in months. And you know, I saw a wild statistic saying that most podcasts don't make it after I think 30 episodes. Oh, okay. Yeah. So. We're in the 80s. Yeah, that's what I'm saying. So, And I want to say it was six months in too. 30 episodes, six months in.
Starting point is 00:11:48 I believe it. I mean, I think it's like a lot of things. So people have been either active on social media and then they get back active and they're like, now I'm going to be active again. It's just tiring to do. And the same with podcasts. And I know sometimes you'll hear like our ads, for example, and we have those placed in, but that means it's supporting the show because otherwise, this is a hobby.
Starting point is 00:12:07 We do put a lot of kind of time and energy into it. So we appreciate that and our sponsors. And when you listen to those, especially the ones where you hear our voice, they track that to figure out how much people love the besties. And we know it all together. Reviews are the way you can show that for us. No, we appreciate that a lot.
Starting point is 00:12:24 Sorry to piss you all off with the ads. Some of you all tell us that. I try to make them sound as sexual as possible though. I know. She does. Square space. My friend was like, I love your, I love Lee's, well, I won't say what she called it, but I'll keep it a family-ish show. But no, we try to make them fun. And if you doubt that, then we are happy to show a recording of when I go to record an ad and sometimes, oh my God, once it was, I think it was like 30 takes, too much. Yeah. Y'all, unfortunately, I sent you the wrong link today.
Starting point is 00:12:59 And y'all got to see my take 28 of my ads. I did. I was chuckling. Oh, God. Yeah, it's rough whenever I do the ads. Maximize your return on life by investing with RBC and do more of the things you want to do. Like this. Bye-bye, old tile.
Starting point is 00:13:20 Hello, new bathroom. This. Oh, wow. Is that a volcano? And this. Goodbye, old tile. Hello, new bathroom. This. Oh, wow. Is that a volcano? And this. Encore, encore. Woo!
Starting point is 00:13:33 Personalized human support and a proven track record of performance, RBC helps you maximize your return on life. Start investing with RBC today. Well, speaking of rough, I'm happy to bring the happy hour down, but a little quick legal updates for those watching to continue is a couple of things. Some people are like, wait, what's happening with that, like the elections, how does that impact HR,
Starting point is 00:13:56 HR type stuff and non-competes? And so real quick, I know we talked about the non-compete ban, which was supposed to happen in the US and got struck down by a federal court. So it didn't take effect in September. Well, what you can do, and what the FTC has now done, the Federal Trade Commission, is they've appealed that.
Starting point is 00:14:15 Basically, they've gone to mom and dad and said, sibling, judge, federal judge didn't mean it. And so they've appealed that to the courts of appeal, two of the cases, like the big one, which was in Texas, where like the big ban was, they've appealed that to the Fifth Circuit Court of Appeals. You never know how that one's going to play it out. If the Fifth Circuit Court of Appeals were to like agree with the FTC, I would, I don't know, eat my hat or whatever expression, I would be shocked. They're very conservative. In Florida, the one case against the villages
Starting point is 00:14:45 where my parents live, that case, the FTC has appealed as well, which is a more limited ruling just for the villages. So there are two appeals. So it is still possible the non-compete ban can happen. Why that's unlikely is that one is, I don't think either court of appeal are likely to overturn that and agree with the FTC,
Starting point is 00:15:04 the government here. I think they overturn that and agree with the FTC, the government here. I think they're likely to agree with the business. Or actually, it was the nine compete ban. I'm sorry, it was the Ryan LLC. But anyway, the level above that is the Supreme Court, which is also very business friendly, not as government agency friendly. And so most people expect it would get struck down in court.
Starting point is 00:15:21 But it also partly depends on who's elected president. So as you all know, especially those in the workplace, hopefully there's not too much political discussion in the workplace because that rarely tends to go well. But if Vice President Harris were elected to be president, her FTC and Department of Justice would likely keep pushing those appeals. But most people expect if former President Trump were re-elected that his Department of Justice or FTC would hold off pushing those appeals. But most people expect, if former President Trump were re-elected, that his Department of Justice or FTC
Starting point is 00:15:47 would hold off on that appeal. Again, while you never know, President Trump back in, I think it was 2016, his campaign had non-compete agreements. And Ryan LLC, which is suing, which is sued that to see the Ryan and Ryan LLC was, I guess, a former tax advisor of Trump. So that's why you do
Starting point is 00:16:05 see some of those political differences there. But again, either way, people generally expected to get stopped in court. So not great news for those employees who were really excited about the non-Kipit ban. And candidly, a lot of people watching this kind of knew this would happen, but most people just watching it don't see that. So that's it. So we'll see. We will be watching. But it is like an HR type of things is one of the things that elections can impact because of these government agencies are very political, like the NLRB in the US. So anyway, so US watch those, but elections do tend to change what happens in work. Any update on the Schirm case? Besides our personal update, which is if it does go
Starting point is 00:16:47 to trial, like Ashley and I are going to Denver and doing live reporting. Absolutely. Yours will be serious and legal sounding and mine will not be. But yet still informative in a different way. Yeah, we will. It will be, and we have included Jamie, of course, but Jamie's like, I have a job, y'all. Jamie's going to use her PTO to go to the beach, to go to 30Eyes. Yeah, I'm not taking my PTO to have Sherm take off my PTO. Love y'all. Would love to hang. I know. I'm hashtag drinking in the... We get it. So the update, so again, it was like a week and a half ago, this judge had this order
Starting point is 00:17:27 that's like, this case is going to trial. And so the two paths they can take, because Sherm can appeal it. But the tricky thing of an appeal when you get this, you're going to trial thing is generally, and I don't think there's any exception here, but generally you can appeal, but you can only appeal after trial. So either here it either goes to trial or they settle beforehand. My personal guess, not having any involvement or intel whatsoever, my personal guess would be that this will settle likely for a very pricey confidential settlement, would be my
Starting point is 00:18:02 personal guess, but we'll see. But if it does go to trial, I have totally, and I told my family, I'm like, we are going to the trial. My mom would come. My mom listens to every episode and she will agree. She will come. Lee, maybe your mom will come bring those lovely snacks. But we will go and report live from the courtroom. Well, not live, between breaks. Yeah. See, what I can't believe is that it has gotten this far. That's how pompous and prideful they are. I mean, just total delulu.
Starting point is 00:18:32 That's a failure of leadership. Johnny C. Taylor. You never want something like this to get out. But when you are an organization that sells advice and counsel on things like this. And we're at this point, oh my gosh, like, how are you in business? I'm just, I'm just asking, you know, I'm just curious how, how, you know, how would you have let it get to this point? I would think that their employee, their employees, their, their attorneys are
Starting point is 00:19:01 giving advice and counsel that probably aligns with reality, and they may not be taking it. Again, I have no insider knowledge. I'm just like, how do we get to this place? This does not happen. If this goes to trial, this is huge. Like from an HR and a SHERB perspective, like how could you be this dumb to let this,
Starting point is 00:19:22 do the opposite of this. Maybe they're doing a teaching moment for companies and organizations. It's a teaching moment. Is that how they will spin it? I don't know. They'll do it at best practices from worst practices from worst to best. I mean, I agree. And I said this, I'm like, this is not notable just because it's sure. If the letter, if it were, if it were XYZ organization, I mean, I still would have been like, wow, this is such a case study and what happens, but especially, especially that. I mean, it's so many and it's from the advice. I mean, I had done even
Starting point is 00:19:55 a follow up like Instagram or TikTok or whatever of like showing examples from Sherm's best practices on its website and how they were not followed even in like the stuff Sherm says. So it's fascinating. God, I hope it gets there. When would it be if it does, you said? So within 30 days and I checked the docket. So again, we appreciate, we appreciate listening to the ads because I paid tens of thousands
Starting point is 00:20:17 of page for every of these and it's, it's adding up steadily for these, for these and I'm fine, but that's, that's fine. Once I posted that and someone's like, do you need to go fund me? I'm like, no, no, no, no, no, I'm good. Again, this is my hobby. It's like a gym membership for my brain, to teach these best practices. But they have to, the parties have to like within 30 days, like by early November, they have to basically have like a pre-trial case thing. And so it kind of depends, like part of the reason this took so long is in COVID,
Starting point is 00:20:45 all the trial stuff got all jacked up, things weren't going to trial, but things have settled down a bit now. So they have to set it for trial. And so, I mean, it should be... And some judges know what they're doing. Well, they all know what they're doing, I guess. But some judges, they use the schedule as a tool. And they'll be like, we will schedule this for January to get the parties to like ideally settle beforehand Or just to move things along so I said we'll see but I will i'll keep That's why you got to follow us on socials because I will on the instagram Let you know as as things come along
Starting point is 00:21:19 And see these but um, but i'm watching i'm watching the docket. I watch a lot of dockets, actually like three of them, but yes. OK, so maybe early next year, if it does happen. Yes, maybe early next year. Oh my god, that'd be so much fun. Because I watch a lot of court stuff, legal stuff. I just watched Lincoln Lawyer, season three. It was fantastic. But anyway, I love all of that.
Starting point is 00:21:42 Crime, document, all those things. Oh my god, that would be so much fun to sit in on a sherm trial. Could you imagine? Jamie will be like, well, in federal court, in federal court. You just had to show up early, right? You get in the line. Yeah. Normally you have to, yeah.
Starting point is 00:21:58 Normally you have to like, it's normally it's open. Yeah. Well, there are also sometimes for big cases, I don't think this would qualify for that, but for big cases, people will stand in line and you can pay them to get their spot. You know what I mean? So like, obviously, I'll be standing there in line with some random person. She'll swap out. Yeah. She'll swap out and be like, Lee, take, Lee will be here, take my spot. But, but oftentimes lawyers can have their cell phones. So I am still a licensed lawyer, although I do not practice. You can't like, you can live stream or things like that illegally, of course. But, but we will get the
Starting point is 00:22:38 intel. I'll be right. Okay, well, we can only hope. Jamie's gonna, she'll fly out the first night. She'll be like, I can't, it's too much. I got to come. The coverage is so riveting. Here I come. I'll take one day of PTO.
Starting point is 00:22:51 And then it'll settle. And you'll be like, God damn it. Because that can happen as well. Things settle. Like things, court cases can settle during the trial or right before or while the jury's out. Which how pissed would you be if you're a juror and you're deliberating? And then they come and they're like, never mind.
Starting point is 00:23:04 All right. But it'd be fun to just be in the mix. We'd get all the deets and intel and I mean, there'll still be things to report on air quotes, you know, even if it does settle like live or first day or something. Yes, got to be a juror on that. We can take a selfie with Johnny. Mine would be a middle finger selfie. Oh damn, good times.
Starting point is 00:23:27 TGIF. I know TGIF on that note. Enjoy your weekends everybody.

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