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Employment Law Attorney Scott Mirsky Examines Workforce Issues as Guest on “Connected Conversations” Podcast

Posted June 2, 2025 at 10:33 AM

Employment Law, Litigation, MM&C Happenings, News & Events, Press

In light of the recent wave of executive orders and layoffs across both public and private sectors, employers and employees alike are increasingly seeking clarity around labor law and workforce issues. Miller, Miller & Canby’s employment law attorney Scott Mirsky appeared on Ad Astra’s “Connected Conversations” podcast for the episode, “Navigating Workforce Legal Challenges” to share his insights on this timely topic.

The episode provides valuable information for anyone seeking to navigate workplace issues in a time of legal uncertainty.

Mirsky provided an overview of how recent changes have impacted employment law and workforce policies. He covered legal challenges that these changes present for both employers and employees, as well as how they have affected compliance requirements and litigation trends in the workplace. Given that the current administration’s policies are generally tilting towards deregulation, it has become easier for employers to operate with fewer constraints, directly and indirectly affecting workers’ rights, workplace safety, and hiring practices.

Key themes of the podcast included:

  • What executive orders can—and cannot—legally change.
  • Labor law under the current administration: deregulation, rights, and protections.
  • Independent contractors vs. employees: what’s changing and what’s not.
  • How executive orders affect litigation, enforcement, and workplace rights.
  • Legal trends in non-compete agreements and employment discrimination.
  • Remote work legal complexities across state lines.
  • Tips for businesses on protecting themselves and staying compliant.

Mirsky stressed “these are very challenging times for everyone” and proceeded to outline issues employers, employees and independent contractors alike need to consider in the current landscape.

“Everything is moving at a rapid pace,” Mirsky explained. “Traditionally speaking, when new laws or regulations are pending they are typically studied and analyzed and employers usually have time to prepare…and maybe even speak to their employees and decide the best way to implement policies and what is best for all.” But in the current situation, he adds “there is not that opportunity, unfortunately, to have as much open dialogue and planning.” This requires employers to pivot quickly, and in turn creates complications for everyone.

Mirsky went on to explain that fear of the unknown is pervasive, and employers have to consider balancing that dynamic — essentially employers want to do the right thing from a legal perspective and do right by their employees, but there is a struggle as there is so much uncertainty. On a positive note, business is moving forward, day to day operations are still happening, but businesses are thinking twice about larger decisions and are generally operating more cautiously. “This amount of change at one time is difficult for an employer to deal with,” he said.

As far as employees are concerned, many are nervous, understandably, about job security and other changes and threats, but Mirsky offered this insight:  “Laws have not really changed…enforcement of the laws may have changed, but many protections employees have are statutory…workers still have protections, and there are also state and county laws that protect individuals.” He urges workers not to get too caught up in the media “sound bites” which may cause increasing panic, encouraging them instead to educate themselves from non-biased sources and legal periodicals. He also suggested they align with relevant organizations and community groups which may offer support and resources. He goes into greater detail in the podcast about avenues available to employees who have concerns.

Mirsky also addressed independent contractor relationships, adding that independent contractors need to check what rights they have in the state they are in, as regulations vary from state to state.  The current business climate is favorable toward these arrangements, but Mirsky cautions that while there are many opportunities out there, independent contractors need to be educated about advantages and pitfalls, adding: “with independence comes responsibility.”

Mirsky also touched on future trends, examining the status of non-compete agreements and the ever-changing landscape of remote vs hybrid vs in-office workforce policies. He urged employers to define their “identity” in this regard and work towards promoting the most supportive and positive experience for their employees.

“You need to commit to build culture,” he said. “The workplace is a community and you need to build that community.”

🎙️ Watch the full episode for expert insights on law, policy, and the workplace:
🔴 Youtube: https://lnkd.in/dRvxt5Bj
🟢 Spotify: https://shorturl.at/fzyGq
⚫ Apple Podcast: https://shorturl.at/AJYNb
🔵 Amazon Music: https://shorturl.at/Fme4F

Scott Mirsky is a principal in Miller, Miller & Canby’s Employment Law and Employment Litigation practice, with more than 20 years of experience representing individuals and businesses in diverse civil matters throughout the Washington, DC region. He has experience handling non-compete and trade secret disagreements, employment claims, issues concerning independent contractors, wage and overtime disputes under the FLSA and state law, and breach of contract claims. Learn more about his practice or contact him directly at SAMirsky@mmcanby.com

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