WIRTW #395 (the “rock 'n' roll grade school” edition)

It’s been a bit since I’ve shared any music from Norah’s gigs, so I thought I’d share a clip of three songs from her show last weekend (blue hair and all) with the School of Rock Jr. Headliners.


As for Norah’s bands, you have a few opportunities to see them live over the next few weeks (with more to be added):

• Jan. 16, Norah’s Psychedelic 60s show takes the stage at the Music Box Supper Club, beginning a 3 pm, with a short set by Donovan’s Rock 101 band leading off at 2:30.
• Jan. 23, Norah’s Psychedelic 60s show again performs at the Music Box Supper Club, beginning a 1 pm, followed by Donovan’s Rock 101 band at 2:30.
• Feb. 7, the School of Rock Jr. Headliners continue their monthly residency at Coda, in a pre-Superbowl show from 1 – 4.
• Feb. 13, the Jr. Headliners play the Tri-C High School Rock-Off Finals, on the main stage at the Rock & Roll Hall of Fame.

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

What Star Wars teaches us about employee relations #TheForceAwakens

My earliest cinematic memories involve Star Wars.

I don’t really remember seeing A New Hope in the theater (I was only 4 years old), but I know I did. I vividly remember watching The Empire Strikes Back with my dad at the Nashaminy Mall. The theater was packed, we were stuck behind two towering men, and I watched with my head peaking between their seats. That’s where my jaw hit the floor when Vader proclaimed that he was Luke’s father. And, with my fandom at a crescendo, I remember my parents pulling me out of school on opening day of Return of the Jedi so that we could wait in line to ensure our seats.

Thank god for Fandango, because Donovan, with his now one-tracked Star Wars mind, and I can see The Force Awakens without disrupting his schooling. Saturday afternoon, I will experience the pure joy of introducing my son to a new Star Wars movie.

The premier of Episode VII has got me thinking, what can Star Wars teach us about employment law?

Can you legally deck the workplace halls?

The holiday season is in full swing. Gifts are flying off the shelves, FedEx is delivering too many Amazon-logoed boxes to count, and lights, trees, and wreaths are everywhere.

What about the workplace? Can you legally decorate for the holidays at work? And, if you do, does the law require that you accommodate all religions in your holiday displays? The answer might surprise you.

WIRTW #392 (the “miles and miles and miles” edition)

Yesterday afternoon was the Fall Play-In at my daughter’s school. It’s essentially a music recital for the kids in grades K – 5 who take private music lessons. Amid a chorus of Christmas and classical pieces on the grand piano, Norah rocked The Who’s I Can See For Miles on her Fender, which she recently started learning. Like always she’s her own toughest critic. To me, and everyone else there, she sounded great.

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

Should you allow employees to shop online from work?

Today is Cyber Monday, the day online retailers promote their (alleged) deepest holiday discounts. It is estimated that more than 125 million Americans will take advantage of these sales and shop online today. And, many, if not most, of them will do so from work.

The latest available numbers suggest that more and more companies are allowing employees to shop online from work. As of 2014, 27% of employers permit unrestricted access to employees shopping online while at work, up from 16% in 2013 and 10% and 2012. Meanwhile, 42% allow online shopping but monitor for excessive use, while 30% block access to online shopping sites. Similar data is not yet available for 2015, but one can assume that these numbers have continued to trend towards greater access for employees.

Yet, just because companies allow a practice to occur does not mean it makes good business sense. Should you turn a blind eye towards you employees’ online shopping habits, not just today, but across the board? Or, should you permit more open access?

WIRTW #391 (the “headliner” edition)

In my never-ending quest to turn my legal blog into a promotional blog for my daughter’s nascent music career, I bring you the debut performance of this year’s School of Rock Jr. Headliners — Sunday, December 6, from 4 to 8 pm, at Coda (a new, and supposed very cool, music venue owned by Cleveland chef and restaurateur Dante Boccuzzi).

For the uninitiated, the Jr. Headliners is SoR’s audition-only band for kids 8th grade and under (there is another Headliner band for high schoolers, which will also be on the bill). Norah earned her spot on her vocal chops.

Here’s a tease from the band’s “preview” performance at SoR’s annual Halloween bash — Jet’s Are You Gonna Be My Girl.

My standing offer is still good. If you’re at the gig, say hi, and mention the blog, your next drink of choice is on me.

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

WIRTW #388 (the “queen of all the world” edition)

I’ve decided that when I grow up, I want to be Norah. She has a pretty good life.

Guess who’s added “new guitar” to the top of her Christmas list?

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Please check out the latest post on Meyers Roman’s new Ohio OSHA Law Blog — Federal court slaps down OSHA’s broad interpretation of its machine-guarding standard. And, while you’re there, take a minute to subscribe to receive updates via RSS or email.

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

WIRTW #382 (the “bloodletting” edition)

This past weekend, my kids had their triannual School of Rock performances. Norah performed in the “Left of the Dial” show, singing and strumming the 80s pre-Nirvana alt groove. Not to be outdone, Donovan made his stage debut playing keyboards in the Rock 101 band (with Big Sis backing him on the drums).

A few observations.

1. I’m not sure where they came from, but Norah’s got a set of pipes and is quickly learning how to use them.
2. Donovan might not have music in his future, but, as you’ll see, the kid’s got stage presence.
3. Having never taken a drum lesson, Norah did herself proud behind the kit for two songs.

With that preface, let’s go to the tape.

Norah bringing down the house, singing Concrete Blonde’s “Bloodletting”

Donovan causing tears of joy with his dance moves and backing vocals

If you’re inclined, you can watch the entire 12-song Left of the Dial set here.

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

Discrimination

• The Kim Davis Story: When Religion Clashes with Job Requirements — via ERC HR Insights Blog
• Court Rulings Reiterate that Employers Should Review and Revise Best Practices for Drug-Free Workplace Programs — via Laconic Law Blog
• Reassignment As A Reasonable Accommodation Under The ADA — via Employment Essentials
• And a happy #$%!&;!*! new year to you, too! — via Robin Shea’s Employment & Labor Insider
• “Drawing the Line Between Civil and Religious Rights” — via How Appealing

Social Media & Workplace Technology

• Facebook is expanding its workplace social network to hundreds of companies — via The Verge
• Hackers Are Coming After Your Private Data — via Technologist

HR & Employee Relations

• How to Reinvent the Employee Handbook — via Evil HR Lady, Suzanne Lucas
• New Push in Congress to Pass a Nationwide Ban the Box Law — via TLNT
• The Caregiving Challenge — via U.S. Department of Labor Blog
• Work-Life Policies Payoff Isn’t Overnight — via Families and Work Institute Blog
• How to Raise Awareness About Mental Health in Your Workplace — via Blogging4Jobs
• Questions That Employers Should Avoid During The Hiring Process — via Minnesota Employer
• Your Employee’s Former Employer Just Sued You????? — via The Emplawyerologist

Wage & Hour

• The pesky FLSA implications of the Papal visit — via Eric Meyer’s Employer Handbook Blog
• USDOL Delays Its “Companionship”, “Live-In Domestic” Enforcement — via Wage and Hour Laws Blog
• DOL: Pay Discussions Protected Under Rules — via Joe’s HR and Benefits Blog
• Eighth Circuit Splits The Baby In Permitting FMLA Claims To Proceed — via The Employment Brief

Labor Relations

• National Labor Relations Board Asserts Jurisdiction over Religious Educational Institutions — via Matt Austin Labor Law
• DOL Pimping Unions — via Labor Relations Institute

WIRTW #380 (the “left of the dial” edition)

If you find yourself on the west side of Cleveland on the afternoon of September 12 or 13, stop by The Brothers Lounge to check out my kids’ latest rock ‘n’ roll adventure.

Norah will be performing in School of Rock’s “Left of the Dial” show, featuring the pre-Nirvana alt sounds of The Replacements, R.E.M., Dinosaur Jr., Echo and the Bunnymen, and others. To whet your musical appetite, here’s a 15-second clip of Norah crushing the lead vocals on Concrete Blonde’s “Bloodletting”.

A clip of Norah doing her thing, singing Concrete Blondes' "Bloodletting" at tonight's @schoolofrockcle Parking Lot Show. She gave herself a C+ tonight. I guess she's a tough critic. @schoolofrockusa

A video posted by Jon Hyman (@jonhyman) on Aug 17, 2015 at 4:24pm PDT

Also, stick around for my son Donovan’s musical debut, tickling the keys in the Rock 101 band with songs by The Who, Foo Fighters, and Linkin Park. If you stop, say hi, and mention the blog, I might even buy you a beer.

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

Discrimination

• Five Things An Employer Should Do After Receiving a Charge of Discrimination — via Minnesota Employer
• Under the ADA, can you fire an alcoholic who doesn’t request treatment? — via Eric Meyer’s The Employer Handbook Blog
• Ability to get along with others is an “essential function” under the ADA — via Mike Haberman’s Omega HR Solutions
• Commitment to diversity doesn’t prove bias — via Business Management Daily

Social Media & Workplace Technology

• Why Ballot Selfies Are A Terrible Idea For Workers — via Donna Ballman’s Screw You Guys, I’m Going Home
• Man Sends Naked Selfies to Prospective Employer — via Time
• Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence–Farley v. Callais — via Technology & Marketing Law Blog
• Labor Law Developments That Will Shake Technology, Media and Telecommunications Employers — via Technology Company Counselor
• The Ashley Madison Breach: Cybersecurity Nightmare, or Wake Up Call For Employers? — via TLNT
• Cyber boogeyman—internal or external threat? — via Technology for HR

HR & Employee Relations

• The Art of the Apology: Saying “Sorry” in the Workplace — via Dan Schwartz’s Connecticut Employment Law Blog
• The on-air shootings at WDBJ-TV: When bad things happen to good employees — via Robin Shea’s Employment & Labor Insider
• Should Employment Lawyers Advise Clients on Workplace Violence Issues? — via California Employment Law
• Four-Day Workweeks: A Fulcrum for Work/Life Balance — via Blogging4Jobs
• Four-day work weeks are growing in popularity and you’ll absolutely love them — via BGR
• How Do We Make Unlimited Time Off Work, Work? — via 1 Million for Work Flexibility
• One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers — via Employment Matters Blog

Wage & Hour

• What the Browning-Ferris Decision May Forecast for Wage and Hour Law — via The Wage and Hour Litigation Blog
• Is the Contract Worker Golden Age Coming to an End? — via In House
• Employee or Independent Contractor? 3d Cir. FLSA Edition — via Phil Miles’s Lawffice Space
• Fight for $15: the strategist going to war to make McDonald’s pay — via The Guardian
• OSHA Means Business in Targeting the Health Care and Nursing Care Industries — via OSHA Law Update

Labor Relations

• If Employees, Uber Drivers Could Organize into a Union — via Matt Austin Labor Law
• NLRB: we’re coming after franchisors and subcontractors — via Overlawyered
• New NLRB Joint Employers Test – Why It Matters For OSHA — via OSHA Law Update
• What Did the NLRB Say in its Ruling on Joint Employment–and Why? — via The Emplawyerologist
• Five Practical Issues Browning-Ferris Creates for Employers — via Labor Relations Today
• NLRB’s “Joint Employer” Case Matters to Non-Union Employers, Too — via What's New in Employment Law?

Employment Law Blog Carnival: The “Wreck of the Old 97” Edition #ELBC

On September 27, 1903, the Old 97, a Southern Railway mail train running between Washington DC and Atlanta, Georgia, derailed near Danville, Virginia. The wreck inspired a famous ballad (most famously covered by Johnny Cash and Hank Williams III), which, in turn, inspired the Old 97’s to name their band some 70 years later.

I’m not shy with my love for the Old 97’s. Part of my adoration stems from how great their music is. And it’s not just the jangly vibe that kills on an album, or in a bar, or in a concert hall. Rhett Miller writes some of the best lyrics you will ever find, with most songs focusing on love, heartache, booze, or some combination of the three. The rest of my love stems from how cool they’ve been to my daughter, Norah (here and here).

Regardless the reason, my favorite band gets billing as the honoree of this month’s Employment Law Blog Carnival, as we look at the month’s best blog posts through the swarthy lens of some of the Old 97’s best songs.

Victoria

This is the story of Victoria Lee
She started off on Percodan and ended up with me
She lived in Berkeley ’til the earthquake shook her loose
She lives in Texas now where nothin’ ever moves

Poor Victoria Lee had a rough go of it. Narcotics and one-night stands. What if your corporate wellness program reveals an employee like Victoria. Employment Essentials has some suggestions, in The EEOC Asks: Is Your Corporate Wellness Program Really Voluntary?


The New Kid

The new kid, he’s got money
The money I deserve
He’s got the goods
But he’s not good for his word

This song hold a real special place in my heart (see above, about my daughter). When you hire a new employee, do you know how to handle trade secrets and restrictive covenants? Jesse R. Dill at Walcheske & Luzi, in Wisconsin Supreme Court Adds New Twist to Restrictive Covenant Law, and Heather Bussing at HR Examiner, in People Are Not Trade Secrets, offer some suggestions.


Over the Cliff

Please don’t call me cool just call me, “A⌇⌇hole”
’Cause I will be a beggar not a king
And the devil don’t care if you’re a fish or you’re a stick
Yeah, I’m goin’ over the cliff

Has the NFL gone over the cliff with Deflategate? Did the league screw the pooch by choosing the wrong investigator? Lorene Schaefer’s Win-Win HR, in Given the Stakes, Should the NFL Have Selected a Different Investigator in Deflategate?, has some thoughts on what Roger Goodell should have done.


Wish the Worst

I hope you crash your momma’s car
I hope you pass out in some bar
I hope you catch some kinda flu
Let’s say I wish the worst for you

Crashed cars and the flu are certainly bad. The Mad Pooper, though, is clearly worse, says Eric Meyer’s Employer Handbook Blog, in Well, that stinks! Doo-doo creates a discrimination claim.


Four Leaf Clover

I got a lucky silver dollar
My granddad gave it to me now he’s dead
Times like this I wish that I could join him
Might just stop this pounding in my head

How lucky will franchisors feel when the NLRB finally clarifies its stance on joint employers? Phil Miles’s Lawffice Space shares NLRB GC on Joint Employers.


Every Night Is Friday Night [Without You]

Now I’m no saint
But I ain’t such a freak
On the days of the week
I work hard, hard

If an employee works hard, but feels he or she is getting the short end of the pay stick, will the FLSA cover their oral complaints? Doug Hass’s Wage & Hour Insights offers Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints.


Niteclub

Eighteen-hundred miles from this old niteclub
A girl is turning twenty-two today
How am I supposed to entertain you?
My fingertips are worthless when my mind’s so far away

Long distance relationships certainly present their problems. What about remote employees? Read 6th Circuit Holds That Regular and Predictable On-Site Job Attendance is an Essential Function via Randy Enochs’s Wisconsin Employment & Labor Law Blog


Question

Some day somebody’s gonna ask you
A question that you should say yes to
Once in your life
Maybe tonight I’ve got a question for you

“Question” might be (is?) the most romantic song ever written. Meanwhile, John Holmquist, at his Michigan Employment Law Connection, warns about another (much less romantic) question, Arbitration … be careful what you ask for, while Donna Ballman, at her aptly titled Screw You Guys, I’m Going Home, asks, What Did The Florida Legislature Do For Employees? Diddly squat, with one silly exception.


Let’s Get Drunk & Get It On

Take you to a cheap hotel out on the interstate
Well you look so great to me
This is the perfect place for a rendezvous
Its got a rotten view but the ice is free
Let’s drink whiskey and do it
all night long
Let’s get drunk
and get it on

Believe it or not, “Let’s Get Drunk…” is also a romantic song; don’t let the catchy title fool you. Be careful about getting it on at work, warns Dan Schwartz, at his Connecticut Employment Law Blog, in 3 Mind-Blowing Tips For Employers About Sexual Harassment From Cosmo.


Murder (Or A Heart Attack)

And I told the neighbors, I put pictures up
And handed out some flyers at the show
And the whole town speculating
Situations could’ve been avoided if I’d only shut the window

One of the band’s biggest hits tells the story of a lost cat that escapes through an open window. You can imagine the investigation that followed to bring the kitty home. “What about investigations at work,” you say? I have you covered, via Ari Rosenstein’s Small Biz HR Blog, in Conducting Effective (and Legal!) Workplace Investigations, and Stuart Rudner at Rudner McDonald, in Employees: Honesty in the Course of a Workplace Investigation Pays Off.


Doreen

When I first met Doreen
She was barely seventeen
She was drinking whiskey sours in the bar

Sex with a minor at work? Check. What if it happens only once? Did the 4th Circuit’s recent decision spell certain doom for employers? Robert Fitzpatrick on Employment Law provides a nice summary, in Fourth Circuit Overturns Decade of Precedent in Blockbuster En Banc Hostile Work Environment Decision, while Robin Shea’s Employment & Labor Insider, in Is this new harassment decision the end of the world for employers?, thinks the reaction to this decision is way overblown.


Timebomb

I got a timebomb in my mind Mom
I hear it ticking but I don’t know why
I call the police but they don’t like me
I hear ‘em whispering when I walk by

This month’s carnival ends the same way every Old 97’s show ends, with the raucous riffs of Timebomb, from 1997’s Too Far to Care. If you have a timebomb in your workplace, I bet the FMLA has something to do with it. Janette Levey Frisch’s The EmpLAWyerologist suggests how to handle an employee abusing FMLA, in Is Your Employee Abusing Her FMLA Leave?

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Philip Miles, author of Lawffice Space and all around good guy, will host next month’s Employment Law Blog Carnival, on June 17. If you want to participate, email Phil a link to your employment-law-related blog post by June 12.

Because I hosted this month’s Carnival, WIRTW will not run this Friday, and will return with to its regularly featured slot next Friday, with edition #368.

WIRTW #367 (the “warped” edition)

In my never-ending quest to retire from law and manage my daughter’s burgeoning music career full-time, I bring you highlights from last weekend’s School of Rock Warped Tour show, with Norah singing lead vocals on “Russian Roulette” by Tsunami Bomb, and playing lead guitar on “Prosthetic Head” by Green Day.

This weekend, you have two chances to catch the SoR Warped Tour band in action. Tomorrow, they will be playing a few songs at the Relay for Life, at Pat Catan Stadium in Strongsville, at 3:30, and Sunday they will reprise the entire show at the Music Box Supper Club at 12:30. Or, if you follow me on Periscope or Twitter, you’ll likely be able to catch a song or two live from the comfort of your iPhone.

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

Discrimination

• Be Smarter than the Average Bear: ADA Accommodations at Camp — via Dan Schwartz’s Connecticut Employment Law Blog
• New Fourth Circuit Standard: Single Incident Sufficient For Title VII Hostile Workplace Harassment Claim — via The Employment Brief
• Can we stop with the age-based stereotypes? — via Robin Shea’s Employment & Labor Insider
• How 2 racial slurs in 24 hours can create a hostile work environment — via Eric Meyer’s The Employer Handbook Blog
• Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers — via Employment Law Lookout
• Growing Numbers of Americans Report Age Discrimination — via Atlanta Employment Lawyer Blog
• Proposed EEOC Rules Further Complicate Wellness Program Design — via E is for ERISA

Social Media & Workplace Technology

• Infographic: What recruiters really think of your social media photos — via Ragan.com
• A data breach is often an employee problem — via Mike Haberman’s Omega HR Solutions
• Woman fired after disabling work app that tracked her movements 24/7 — via The Verge
• Do Your Apps Violate Employee Privacy? — via Heather Bussing at HR Examiner

HR & Employee Relations

• Deflategate and the power of external investigations — via EntertainHR
• Bill Simmons and ESPN: 5 Times When It's Time to Fire Your Biggest Star — via The HR Capitalist
• Moms Should Be the Most Upset with Piers Morgan’s Paternity Leave Comments — via The Daddy Files
• Stop Punishing the Family Man — via Harvard Business Review
• Jury Awards $2 Million to Nurse for “Defamatory” Report to Board of Nursing — via Minnesota Employment Law Report
• Study: How to best manage millennials — via Ragan.com
• Employee Handbooks: Every Word Counts—A Quick Fix to Your Harassment — via Next Blog
• Providers: Beware of HIPAA and Patient Privacy Rules During Employment Disputes — via Above the Law

Wage & Hour

• The Trouble with Off-the-Clock Work — via Blogging4Jobs
• Courts continue to back employers with strong timekeeping policies, practices — via EmployerLINC
• The next labor fight is over when you work, not how much you make — via Wonkblog
• OSHA Issues Comprehensive Rule to Protect Construction Workers in Confined Spaces — via Joe’s HR and Benefits Blog
• OSHA: Inadequate Penalties, Poor Enforcement — via Workplace Prof Blog
• FMLA and Union Contracts May Be More Than We Bargained For — via The Emplawyerologist

Labor Relations

• Should you settle that pesky NLRB charge? — via HR Hero Line
• Do your confidentiality and nondisclosure agreements violate Federal law? — via Mike Haberman’s Omega HR Solutions
• Make sure your company e-mail policy passes the Purple test — via Technology for HR

WIRTW #365 (the “en français” edition)

One of the curricular pieces I love about my kids’ school is that they start foreign language in kindergarten. My daughter, Norah, is now in her 4th year of French (which she gets every other day), and my son, Donovan, gets both French and Spanish, alternating each day.

When we attending Norah’s first parent/teacher conference when she was in kindergarten, I remember her French teacher telling us all about the play that would cap their year. I sat in disbelief as she explained how the kids would perform “La Poule Maboule” (Chicken Little), all in French. Imagine my surprise a few months later when I sat at school and watched the kids masterfully pull it off.

Now, three years later, the performances are no longer a surprise, but are still a delight to experience how little minds soak up foreign languages.

So, I present Donovan’s kindergarten class performing “La Poule Maboule,” and Norah’s 3rd grade class performing “Comment y Aller.”

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

Discrimination

• Well, that stinks! Doo-doo creates a discrimination claim. — via Eric Meyer’s The Employer Handbook Blog
• When Are Reasonable Accommodations NOT Required For a Disabled Employee? — via Minnesota Employer
• EEOC Launches Digital Charge System — via Workplace Prof Blog
• Does Title II of the ADA Apply to Employment? Two Views — via Understanding the Americans with Disabilities Act
• Timing of termination creates question of fact in association discrimination case — via EmployerLINC
• EEOC Denied Inspection Of Employer’s Premises — via Workplace Class Action Litigation

Social Media & Workplace Technology

• Regulatory Update: DOJ and SEC Issue Privacy and Cybersecurity Recommendations — via Privacy and Data Security Insight
• Social Media Assets in Bankruptcy: Facebook and Twitter Accounts Subject to Reach of Creditors — via Socially Aware Blog
• Five Key Social Media Questions All Health Care Employers Should Consider: Question #1: When is it okay to fire an employee for a social media post? — via netWORKed Lawyers
• The poisonous nature of too much of our online dialogue — via Minding the Workplace
• One-third of jobs will be replaced by robots — via Inhouse Blog
• You can’t spell “idiot”  without IoT (Internet of Things) — via The Verge

HR & Employee Relations

• How to Keep Your Office Weird, Without Getting Sued — via In House
• Millennials want a work-life balance. Their bosses just don’t get why. — via Washington Post
• Unlimited Vacation, Free Beer and Kids at Work. Is this the Future Workplace? — via Rush on Business
• People Are Not Trade Secrets — via HR Examiner with John Sumser
• Making the Case for Pre Employment Personality Tests — via Newton Software Blog
• What do you do with old personnel records? — via Mike Haberman’s Omega HR Solutions
• Arbitration … be careful what you ask for — via Michigan Employment Law Connection

Wage & Hour

• Study: minimum wage hurt employment, earnings, mobility for low-skill workers — via Walter Olson’s Overlawyered
• NFL Cheerleaders To Be Deemed “Employees” And Protected Under Proposed Law — via Wage & Hour - Development & Highlights
• FLSA Exemption Changes: More On Salaried-Employee Alternatives — via Wage and Hour Laws Blog
• Wage and Hour Basics Series: Penalties for FLSA Non-Compliance — via Wage & Hour Insights
• Proposed overtime rule has been sent to OMB — via Robin Shea’s Employment & Labor Insider
• Intermittent FMLA — and More Recurring Issues — via The Emplawyerologist

Labor Relations

• Inside the Case That Could Hold McDonald’s Responsible for Union-busting — via Workplace Fairness
• Cleaning Up Your Employee Handbooks, NLRB-Style — via Dan Schwartz’s Connecticut Employment Law Blog
• Employer beware: NLRA rulings often conflict with existing employer policies — via Technology for HR

WIRTW #364 (the “almost famous” edition)

“Daddy, this guy wants to talk to me, but he needs your permission first.” My daughter came running over to me last Saturday at the Rock Hall with those words. She was waiting backstage for her Joan Jett band to go on. Typically, that statement would have given me pause, but given the number of news cameras that were around, I had an idea “this guy” was legit. Here’s the result:

This wasn’t Norah’s only press of the day. Here’s a clip from another local news channel, this one of a “future superstar” (their words, not mine) doing her thing on stage:

The hits keep on coming for my little girl, and I’ll keep sharing them.

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

Discrimination

• Do You Hear What I Hear? Accent Discrimination in the Workplace. — via Fitzpatrick on Employment Law
• Can you sack an employee for having “friends with benefits”? — via Employment Law Worldview
• Equal Protection, LGBT and Religious Freedom — via Cleveland Employment Law Blog
• Sniffing out an ADA case: Aromatherapy at work sparks questions — via HR Hero Line
• EEOC: U.S. Army’s bathroom restriction on transgender employee was sex discrimination — via Eric Meyer’s The Employer Handbook Blog
• Telecommuting as a reasonable accommodation: EEOC v. Ford Motor Company en banc Decision — via Understanding the Americans with Disabilities Act (ADA)
• Special Post: 6th Circuit Reverses Its Decision on Telecommuting and the ADA–But Does it Change Anything? — via The Emplawyerologist
• More Road Rules: Telecommuting as a “Reasonable Accommodation” Under ADA Gets an Update — via Dan Schwartz’s Connecticut Employment Law Blog

Social Media & Workplace Technology

• Litigators Who Don’t Know Enough About E-Discovery Should Be Afraid, Very Afraid — via Above the Law
• The “Where” of Data Security — via Privacy and Data Security Insight
• The Use of Social Media During the Hiring Process: Do the Benefits Outweigh the Risks? — via New York Labor and Employment Law Report

HR & Employee Relations

• Bring Your Child to Work Day: Swap Your Briefcase for a Backpack — via ERC Insights Blog
• When Employees Steal: Five Reasons Your Business Could Be Vulnerable to Fraud — via FRAUDfiles
• Work-Life Friendly Employers Are a Click Away — via Families and Work Institute Blog
• Paternity Leave Workplace Basics — via Blogging4Jobs

Wage & Hour

• DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States — via The Labor and Employment Law Blog
• DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States — via Jeff Nowak’s FMLA Insights
• What Can an Employer Do If an Exempt Employee Fails to Work 40 Hours? — via Evil HR Lady, Suzanne Lucas
• Pennsylvania Federal Court: Cosmetology Student Not An “Employee” Entitled To Minimum Wage — via Wage and Hour Law Update
• 9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA — via Doug Hass’s Wage & Hour Insights
• Is Your Social Media Influencer or Blogger an Employee or an Independent Contractor? What Companies Need To Know Before They Engage Bloggers and Other Independent Contractors — via Employment Law Watch

Labor Relations

• Why We’ve Decided to Organize — via Gawker
• Quickie elections, ASAP! — via Robin Shea’s Employment & Labor Insider
• NLRB Representation Rules Now in Effect — via Workplace Prof Blog

WIRTW #362 (the #rockweek2015 edition)

Cleveland is popping. We landed the 2016 Republican Convention. We keep showing up on national “best of” lists—best city to visit, best food, best beer…. Our urban renaissance continues at warp speed. We’re even revitalizing the Flats. And, one week from tomorrow, April 11, Rock Week starts, in honor of my city’s triennial hosting of the Rock & Roll Hall of Fame induction ceremony.

Rock Week kicks off with an awesome event. All day April 11, the Rock Hall will open its door for anyone and everyone to enter … free. The event, which the Rock Hall has dubbed Celebration Day, will feature two stages of music, food trucks, family programming and caps with fireworks in Voinovich Park.

At 2:30 pm, School of Rock will perform a set of music by 2015 inductee Joan Jett, featuring (among others) Norah Hyman on guitar and vocals. If you’re looking for something fun to do as we wait for spring to, well, spring, stop by the Rock Hall on April 11 and see my girl strum, sing, and rock. Here’s a small taste.

A video posted by Jon Hyman (@jonhyman) on Jan 24, 2015 at 9:33am PST

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

Young v. UPS

• The ADAAA, Young v. UPS, and the new state of pregnancy accommodation law — via Phil Miles’s Lawffice Space
• Pregnancy accommodation FAQs for employers — via Robin Shea’s Employment & Labor Insider
• What Connecticut Employers Need To Know About Young v. UPS — via Dan Schwartz’s Connecticut Employment Law Blog

Discrimination

• Tim Cook: “Religious Freedom” laws are pro-discrimination — via TiPb
• Transgender Discrimination? He Said, She Said… — via The Employment Brief
• Hiring for Culture Fit: Discrimination by Another Name? — via In House
• 4th Circuit Holds Social Anxiety May Be Disability Under the ADA — via Wisconsin Employment & Labor Law Blog
• Disabilities that pose a “direct threat” in the workplace — via EmployerLINC
• Caregivers are protected from associational discrimination — via Mike Haberman’s Omega HR Solutions
• (Un)Equal Protection: Why Gender Equality Depends on Discrimination — via Ross Runkel Report

Social Media & Workplace Technology

• Your ex-employee won’t tell you the password to your company’s LinkedIn page. Now what? — via Eric Meyer’s The Employer Handbook Blog
• Wearables in the office: Security risk? — via Business Management Daily
• The Enemy Within: Five Strategies For Protecting Your Data From Rogue Employees — via Privacy and Data Security Insight
• Eight Keys for Developing a Data Breach Response Plan — via netWORKed Lawyers
• What the Difference Between Information Security and Cybersecurity? — via Ride The Lightning
• Cybersecurity: FINRA’s Take — via Above the Law
• Social Media Searches: Go Beyond the Google — via Litigation PostScript. Persuasion Strategies for Litigators

HR & Employee Relations

• I Didn’t Come to Work Because I Dreamed I Got Fired — via Workplace Insights
• My Employee Suddenly Became Gluten Intolerant — via Evil Skippy at Work
• When You Have to Let People Go, Do It With “Professional Kindness” — via TLNT
• Is Work Flexibility Already Trickling Into Your Office? — via 1 Million for Work Flexibility
• The Love Contract – Taking the Romance Out of Office Trysts — via The Labor Dish
• Litigation Update: FCRA Claim Against Paramount is Thrown Out — via employeescreenIQ Blog
• A new employer obligation to provide predictable scheduling? — via Overlawyered
• In surprise show of support, filibuster-proof Senate majority backs paid sick leave — via Wonkblog

Wage & Hour

• PTO – I Use It or I Lose It (Mentally, That Is) — via Rob Schwartz’s Dad Working
• Ninth Circuit Creates Circuit Split Regarding FLSA Classification of Sales Advisor Position — via Wage and Hour Law Update
• The Department of Labor Investigates Retailers’ Relationships with Janitors — via The Wage and Hour Litigation Blog
• Secret Service Hit with Overtime Suit on Off-The-Clock Work — via Wage & Hour - Development & Highlights
• The Religious Freedom Restoration Act (RFRA) and Wage and Hour Law — via Wage & Hour Insights
• When — and How– to Require Certification of FMLA Leave Requests — via The Emplawyerologist

Labor Relations

• President Obama Vetoes Senate Joint Resolution Disapproving NLRB’s New Union Election Rules — via Employment Law Worldview
• NLRB to weigh in on high-stakes McDonald’s labor dispute — via The Hill
• Legislation Allowing Unionized Companies to Give Merit Raises Introduced in Congress — via Matt Austin Labor Law
• #Nextchat RECAP: Are College Athletes Students or Employees? — via Next Blog

“Daddy, why do Jewish people not like Catholics?”

On Wednesday nights, my wife and I drop our daughter off at band practice, and then take our son to dinner before his keyboard lesson starts. While sitting at dinner last night, my son hit us with this bomb: “Daddy, why do Jewish people not like Catholics? … Why did the Jews kill Jesus?”

If you’ve been a long-time reader, you know that my family is interfaith. Even though my kids are being raised Catholic, they understand that their Catholicism is only half of their religious background. I could go into a long dissertation as to why they are being raised Catholic, but the reality is that I am much more a secular Jew than a religious Jew, and since kids need to be raised something, Catholicism makes more sense, even to me.

Be that as it may, I certainly don’t want my kids thinking that their Jewish side doesn’t like their Catholic side. This morning on the way to the school bus I probed Donovan on where he got the idea that Jews don’t like Catholics. As it turns out (and as I suspected), it was his takeaway from hearing the crucifixion story at PSR on Monday night. I have no doubt that the message wasn’t one of hate, but rather one of miscommunication. Nevertheless, in Donovan’s developing six-year-old brain, when he was heard, “The Jews didn’t like/support/belive-in Jesus,” he understood it as, “Jews don’t like Catholics.” It an honest interpretation from an intelligent six-year-old boy, since he’s been taught his whole life that Catholicism and Jesus are intertwined.

I will explain to Donovan tonight that Jews and Catholics love each other. After all, he’s Catholic, as is his sister, mom, grandma, grandpa, aunts, uncles, and cousins—and I love all of them. I will try to explain, as best as I can, the historical context of what happened 2,000 years ago, and, hopefully, he’ll understand that what some people did those millennia long ago does not translate to today. Then, I will explain to the PSR teacher that she needs to be sensitive to the fact that she is teaching at least one interfaith child, and must tailor her message so as not to alienate or upset. We should be teaching inclusion, not estrangement.

The same lesson translates to your workplace. We live in a multi-cultural, multi-religious society, yet we are becoming more and more fragmented. Our great melting pot is not longer an olio, but an mishmash of separate ingredients holding for dear life to the edge of the pot. We are fragmented by religion, national origin, and political belief. Your challenge as an employer is to ensure that your workplace is integrated. You need to ask yourself what kind of workplace you desire. Do you want a workplace of inclusion or exclusion? Do you want employees to feel as though they are part of a team, or part of a tribe that happens to work among other tribes in the same building? To me, the former not only makes for a more cohesive workplace, but also one that limits the risk of liability for harassment, discrimination, and retaliation.

WIRTW #359 (the “think outside the box” edition)

Last night my family and I went out to dinner. The following is Donovan’s (age 6) solution of the kids’ menu word search.

His creative thinking should serve him well in life.

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

Discrimination

• Jury awards $150K to employee who feared scanner as “Mark of the Beast” — via Walter Olson’s Overlawyered
• Tackle Bias in Your Company Without Making People Defensive — via Harvard Business Review
• Transgender employees and the so-called bathroom conundrum — via Eric Meyer’s The Employer Handbook Blog
• GCs: Does Your Company Have (or Need) a Non-Discrimination Policy? — via In House
• What do you do when your pregnant employee is too big? — via Mike Haberman’s Omega HR Solutions
• Is Paternity Leave for Lawyers an Oxymoron? — via Attorney at Work
• State of the Union” on substance abuse and the workplace — via Robin Shea’s Employment & Labor Insider
• What is a “hostile educational environment”? — via Phil Miles’s Lawffice Space

Social Media & Workplace Technology

• Learning From Hillary: Using Your Private Email for Black Ops at Your Company — via The HR Capitalist, Kris Dunn
• How Hackers Get Their Big Breaks: The Video — via Ride The Lightning
• What Would You Do If an Employee Tweeted Something THIS Detestable? — via Inc.com
• Should I post about work on my social media accounts? — via Genesis HR Solutions
• Sample Social Media Policy for Small Businesses — via Acacia HR Solutions
• Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on Deceased-User Accounts — via Socially Aware Blog
• Apple Watch and the Enterprise: Oh, God. This is Kinda Dumb. — via YourHRGuy

HR & Employee Relations

• 15 workplace behaviors that could get you fired — via Ragan.com
• Employer Can Be Found Liable For Misappropriating An Employee’s Trade Secrets — via Trading Secrets
• Non-Compete Agreements Are The New Black, Part 1 — via Texas Employment Law Blog
• Can Employers Prohibit Secret Workplace Recordings? — via HR Law Matters
• an employee made an anonymous complaint to OSHA — how can I stop it from happening again? — via Ask a Manager
• “You’re getting laid off! You’re getting laid off! Everybody’s getting laid off!” — via EntertainHR
• Employers, employees see work-life balance through different lenses — via HR Hero Line

Wage & Hour

• Wait! Stop! Is Your Severance Arrangement Subject to ERISA? and Should You Create an ERISA Severance Plan? — via The Emplawyerologist
• Can Your Company Require an Employee to Buy Health Insurance? — via TLNT
• Armored Car Drivers Who Drove Vehicles Weighing Less Than 10,000 LBS as Well as CMVs Non-Exempt and Entitled to Overtime — via Overtime Law Blog
• The Overtime Fight For Document Review Continues — via Above the Law
• Ineligible Employee Still Gets FMLA Leave Due To Incomplete Policy — via Minnesota Employment Law Report

Labor Relations

• The NLRB is Changing the HR Game in April — via Blogging4Jobs
• NLRB to Begin Training Staff on New Quickie Election Rules — via Labor Relations Today
• Avoiding Union Avoidance — via Workplace Prof Blog
• Good roundup of Right to Work — via Labor Relations Institute
• Teamsters and Technology : Developing Labor Issues for Technology Industry Employers — via Management Memo

WIRTW #357 (the “proud papa” edition)

My kids go to an amazing school. Part of what makes it amazing is that beginning in third grade the second parent-teacher conference is student led. Last night, my wife and I experienced our first Norah-led conference.

The conference blew me away. I knew that Norah would be presenting her PowerPoint on Neptune, the culmination of weeks of research and hard work. I was not prepared, however, for the conference to be 100% student led. My wife and I watched and listened for nearly 45 minutes as, working off a prepared agenda, Norah ran the meeting and walked us through all she’s done for the past four months. She presented a dramatic monologue. She shared a story she had written in her creative writing journal. She demonstrated how she’s learned 3x2 multiplication. She displayed her self-assessed progress report (she’s much tougher on herself than her teacher would have been). The conference capped with Norah’s Neptune PowerPoint, which, with her permission, I’m sharing with you.

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

Discrimination

• Can Your Severance Agreements Withstand an EEOC Challenge? — via The Emplawyerologist
• Walmart Settles EEOC Age, Disability Discrimination Suit for $150K — via In House
• Is retaliation such a big deal? — via Mike Haberman’s Omega HR Solutions
• Cabbie’s Fear of Dogs Doesn’t Trump Requirement to Allow Service Dogs — via Dan Schwartz’s Connecticut Employment Law Blog
• Is Non-Pregnancy a BFOQ for Exotic Dancers? — via Phil Miles’s Lawffice Space

Social Media & Workplace Technology

• The Apple Watch is coming: Do you have a Wear Your Own Device (“WYOD”) policy? — via Employer Advocate
• Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client? — via Above the Law
• A social media lesson to share with your workforce — via Eric Meyer’s The Employer Handbook Blog

HR & Employee Relations

• Should an employer fight unemployment? The debate continues… — via Robin Shea’s Employment & Labor Insider
• 3 Facts about Measles and the Workplace — via ERC Insights Blog
• Litigation Update: Transportation Firm Served With FCRA Class Action — via employeescreenIQ Blog
• Ten Actions You Can Take Now to Protect Your Company’s Trade Secrets – Action Eight: Make the Most of the Exit Interview — via netWORKed Lawyers
• What Counts As An Appropriate Workplace Hug? — via Evil Skippy at Work
• Why Workplace Accidents Tend to Happen Late in a Project — via Harvard Business Review

Wage & Hour

• Can the Employer Legally Cut an Employee’s Pay? — via Evil HR Lady, Suzanne Lucas
• When Do Bonuses Get Included In Non-Exempts’ Regular Rate for OT Calculations? — via Wage & Hour - Development & Highlights
• “Rises In The Minimum Wage Really Do Destroy Jobs” — via Walter Olson’s Overlawyered
• Eleventh Circuit Rules That Employer Cannot Assert Worker Misconduct Equitable Defenses in FLSA Unpaid Overtime Claim Where Employer Knew Employee was Under-reporting Time — via Employment Matters Blog
• Defendant Barred from Unilateral Meetings With Putative Class Members Outside of Formal Discovery Process, Absent Detailed Disclosures to Alleviate Concerns re Chilled Participation and/or Retaliation — via Overtime Law Blog
• Exemption Changes: A Possible "Plan B" For Retailers — via Wage and Hour Laws Blog
• Recovers $240 Million for More Than 270,000 Workers — via The Wage and Hour Litigation Blog

Labor Relations

• NLRB Ambush Election Rule Weakens Worker Privacy — via Labor Relations Institute
• Teamsters “Liking” First Labor Contract for Facebook Drivers — via All in a Day’s Work
• ERISA at 40: A Time to Assess Multiemployer Defined Benefit Pension Plans — via Management Memo
• NFIB Files Amicus Brief Ripping NLRB Facebook Ruling — via Labor Relations Today

 

WIRTW #356 (the “rock hall” edition)

You may have heard that Cleveland has the Rock and Roll Hall of Fame. You may have also heard that this year is Cleveland’s turn in the rotation to host the induction ceremony.

The Rock Hall is turning this year’s inductions into a week-long party, which kicks off with Celebration Day on April 11.

Here comes the cool part. Since Joan Jett is one of this year’s inductees, the Rock Hall has invited my daughter’s School of Rock band for an encore performance of last month’s Joan Jett show—April 11, at 5 pm, on the big stage at the Rock Hall. Norah’s very sincere comment when I told her: “Some people wait their whole lives to play at the Rock Hall — I’m only 8.”

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

Discrimination

• Sexual Harassment: Boys and Thrones — via Heather Bussing at HR Examiner with John Sumser
• What Sexual Harassment at Work Really Looks Like — via Cosmopolitan 
• Nobody Discriminates Like Sara Lee? — via Workplace Prof Blog
• Showdown At The Fifth Circuit Continues: Texas Gets The Last Word On Its Challenge To The EEOC’s Criminal Background Guidance — via EEOC Year-End Countdown
• Everything old is new again: How the EEOC is reinventing itself — via Oregon Business

Social Media & Workplace Technology

• What To Do When a Fired Employee is Badmouthing Your Company — via Inc.com
• Wait…What Did He Say? (Or, What To Do When Your Employee’s Tweet Goes Viral) — via Employment Law Lookout
• Social Media 2015: Addressing Corporate Risks — via Socially Aware Blog
• The school bus driver’s beer-drinking selfie on Facebook was a bad idea — via Eric Meyer’s Employer Handbook Blog
• Wearable Workplace “Mood Monitors” Are About To Become A Thing — via Good
• Should you tell app-loving Generation Z no in the workplace? — via Information Age
• ‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post) — via Technology & Marketing Law Blog
• Reality ‘bytes’: Employee sabotages electronic files and communication — via Technology for HR

HR & Employee Relations

• And Vice Versa — via dad working
• Paid Leave for New Dads and Moms: Why is U.S. so far behind? — via Families and Work Institute Blog
• How to Keep HR Off the Front Page of the Newspaper — via TLNT
• Litigation Update: Home Depot Hit for Employment Background Checks — via employeescreenIQ Blog
• The Brian Williams Story: Lessons for Employers — via Joe’s HR and Benefits Blog
• 5 Real-Life Lessons About Resume Fraud — via EmployeeScreenIQ Blog
• You’ve exceeded my expectations, Valentine! — via Robin Shea’s Employment and Labor Insider
• Weight Loss Competitions In The Workplace — Yay or Nay? — via Evil Skippy at Work
• Millennials on the Market: Recognition & Retention in an Age of “What’s in It for Me?” — via Compensation Cafe

Wage & Hour

• The USDOL is looking for ideas and there is a deadline of February 25th — via Mike Haberman’s Omega HR Solutions
• U.S. Department of Labor’s blueberry squeeze goes wrong — via Walter Olson’s Overlawyered
• Government Gets Cold Shoulder to “Hot Goods” Provision Usage — via Dan Schwartz’s Connecticut Employment Law Blog
• Predictable Scheduling: The Next FLSA Frontier? — via Wage & Hour Insights
• An NPR ‘Miss’ On Labor Unions and the Minimum Wage — via LaborPains.org
• When Must An Intern Be Paid? — via Overtime Lawyer Blog
• Healthy Families Act Would Let Workers Earn Paid Sick Days — via Today’s Workplace

Labor Relations

• The Cost of a Decline in Unions — via Nicholas Kristof at The New York Times
• NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements — via Labor Relations Update
• DOL: 150 Union Pension Funds In Critical Status — via Labor Relations Institute
• D.C. Circuit Caps NLRB’s Overly Zealous Policing of Section 7 Rights — via Vorys on Labor