Thursday, November 19, 2015

New workplace app raises old issues


At the beginning of 2015, I reported on the launch of a new app — Memo — which allowed employees to post anonymous comments or complaints about their workplaces. Microsoft has now joined the fray of workplace griping apps with one of its own, called Forum.

According to the app’s description, it “lets ideas thrive, facilitates open dialogue within organizations, and enables employees to freely express themselves.” More importantly, unlike Memo, Forum appears to be non-anonymous. From iMore: “Forum has apparently been designed primarily for businesses to give their employees a chance to speak their minds and connect with their fellow workers and executives.”
 

Wednesday, November 18, 2015

The cost to defend a discrimination lawsuit (and can you do anything about it)


Two and a half years ago I asked, How much does it cost to defend an employment lawsuit? My answer:

The reality is that defending a discrimination or other employment lawsuit is expensive. Defending a case through discovery and a ruling on a motion for summary judgment can cost an employer between $75,000 and $125,000.

Oh, how I love to be right.

Tuesday, November 17, 2015

John Oliver shares his thoughts on “Ban the Box” #ShouldWeBanTheBox


maxresdefaultOn September 30, the Ohio House passed the Fair Hiring Act, which would prohibit the State of Ohio from including on any employment application for a state job any question concerning the criminal background of the applicant. The measure is now being considered by Ohio’s Senate, which is separately considering a different bill that would apply the same prohibition to all Ohio employers, public and private.

I’ve previously shared my thoughts on this brand of legislation, known as “Ban the Box.” Short version—I’m not a fan.

Monday, November 16, 2015

We stand with France; we stand against discrimination


Photo by Jon Hyman, 8/6/15

What happened Friday evening in France is unfathomable. Except, really, it isn’t. We experienced it 15 years ago in New York City. And, in the aftermath of 9/11, discrimination against Muslims and Arabs increased by 250 percent.

From the EEOC:

Friday, November 13, 2015

WIRTW #390 (the “cards against HR” edition) @cardsHR


Have you ever played Cards Against Humanity? It’s a very adult version of Apples to Apples. I made the mistake of playing with my mom, and let’s just say that I learned some things that a child should never know about his mother, no matter their respective ages. Hilarious things, but, all things being equal, the laughs weren’t worth the memory scars.

HireVue, obvious fans of the game, came up with a fabulous promotional idea. They call it Cards Against HR, and my deck came in mail earlier this week. When I tweeted HireVue my love of its idea, they challenged me to post a picture of the best (or worst) hand I could come up with.

Well, HireVue, I am never one to shrink from a challenge.

 

Our diversity training is heavy on the <racial tension> and light on the <alcohol related incidents>.

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

Thursday, November 12, 2015

What can go wrong when co-workers date? A lot.


5_15True confession time. I watch The Voice. It’s not like it’s at the top of my DVR, but, my remote always seem to stop on NBC between 8 and 10 on Monday and Tuesday nights. (My pick to win this season: Amy Vachal). So, when I heard that Team Shelton and Team Gwen had formed one team outside of work, I thought, “What a great opportunity to write a blog post on office romances.” (This is how the mind of blogger works).

What can do wrong with office romances? As it turns out, a lot. So, in the spirit of The Voice, here’s 10 reasons co-workers shouldn’t turn their chairs for each other.

Wednesday, November 11, 2015

An injury without an injury — part 2? #SCOTUS and collective wage/hour violations


Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo, a case that will go a long way to deciding the continued viability of class or collective actions to decide wage and hour lawsuits.

The underlying legal issue is a familiar one: donning and doffing (that is, compensation for time spent putting on, and taking off, protective gear). This case also carries forward themes from 2011’s Wal-Mart Stores v. Dukes decision (which opined on the non-viability of a nationwide class action in which the class members lacked common harm), and last week’s Spokeo v. Robins oral argument (which will decide if a plaintiff has standing to bring a lawsuit for a technical violation of the Fair Credit Reporting Act if the individual suffered no resulting concrete harm).

So, what is Bouaphakeo all about?