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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.