Friday, June 24, 2016

WIRTW #418 (the #OneForTheLand edition)

I couldn’t see much at Wednesday’s Cavs victory parade. A late start + 1.3 million people + an unwillingness to wade into the masses = soaking in the atmosphere on the periphery.

Consequently, this was the best thing I saw at the parade. Cleveland proud!

A video posted by Jon Hyman (@jonhyman) on

Here’s what I read this week:

Thursday, June 23, 2016

Don’t forget about confidentiality when training your employees on social media

I’m not getting Snapchat. Maybe I’ve finally found a social channel that doesn’t fit me. Or, maybe I’m just too late to the game. Or, maybe with Twitter, and LinkedIn, and Facebook, and Instagram, and this blog, I don’t have the time or attention for one more social channel.

You know who does get Snapchat? Apparently some staffers of Australia’s Labor Party, who snapped some screens of their party’s confidential campaign strategy.

Wednesday, June 22, 2016

EEOC pushes NLRB to find common ground on workplace harassment

It’s no secret that I’m not a fan of the NLRB’s expanded coverage of protected concerted activity. One area over which I’ve been particularly critical is the NLRB’s position on the confidentiality of workplace investigations and workplace civility policies.

Now, the EEOC has also taken up the challenge.

Tuesday, June 21, 2016

On LeBron James and boomerang employees

LeBron James is the world’s greatest boomerang employee. He left Cleveland for Miami in 2010, returned in 2014, and delivered The Land our promised title on June 19, 2016.

What is a boomerang employee?

Monday, June 20, 2016

We are the Champions!

Cleveland wakes up the this morning basketball champions of the world. While I’m not a native Clevelander, I’ve lived here long enough to understand the pain and suffering of my town. I’ve been here for the Indians in ‘95 and ‘97, the return and floundering of the Browns, the Cavs in ‘07, the Decision, the Return, and last year’s (valiant but still a) defeat. And last night I celebrated with my family and cried tears of joy as I watched the Cavs complete what most thought was not possible — not only beating the defending champs and the team who won more regular-season games than any other in history, but also doing so after being down 3-1 and having to win two on their home floor.

Friday, June 17, 2016

WIRTW #417 (the “virgin” edition)

That time your boss caught you sleeping at work and took a selfie with you.

Here’s the rest of what I read this week.

Thursday, June 16, 2016

EEOC on pregnancy-related limitations and restrictions at work

It’s been nearly a year since the EEOC updated its administrative guidance on pregnancy discrimination to account for the Supreme Court’s holding in Young v. UPS regarding an employer’s obligations to accommodate its pregnant workers.

In case the EEOC’s guidance is too dense for you to digest, the agency has chosen to commemorate its participation in the White House United State of Women Summit with the publication of two new pregnancy-related resources.

Wednesday, June 15, 2016

12 mistakes employers make in paying non-exempt workers

Given that on December 1, 4.2 million exempt workers will transition to non-exempt status, it is timely that the Richmond Times-Dispatch though to share 9 mistakes employers make in paying hourly/non-exempt workers. I’ve added numbers 10, 11, and 12.

Tuesday, June 14, 2016

Philip Miscimarra is mad as hell, and you should be too!

NLRB Member Philip Miscimarra is mad as hell about the Board’s current position on employee-handbook policies and protected concerted activity, and he’s not gonna to take this anymore.

Monday, June 13, 2016

6th Circuit says illegal retaliation doesn’t meet threshold for constructive discharge. Wait, what?!

Henry v. Abbott Laboratories (6/10/16) [pdf] is what I would call a curious case, and one that I plan to liberally use any time I’m defending a case in which claims both of discrimination/retaliation and constructive discharge are asserted.

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