Tuesday, May 31, 2016

Why aren’t you training your employees on cyber security?


A recent cyber-security survey conducted by the Ponemon Institute and Experian has some startling results for employers. According to the survey, Managing Insider Risk through Training & Culture [pdf]:

Friday, May 27, 2016

WIRTW #414 (the “happy 10th” edition)


A very happy 10th birthday to my smart, sassy, wise beyond her years, talented, and beautiful daughter, Norah. I have no idea how this happened in 10 quick years, but I am certainly enjoying the ride.

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

Thursday, May 26, 2016

Beware eldercare-discrimination claims



One of the very first posts I ever wrote on this blog, almost nine years ago to the day, discussed the EEOC’s then-new Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. One of the key issues noted by the EEOC in that document, and three years later in its follow-up document, Employer Best Practices for Workers with Caregiving Responsibilities, was eldercare discrimination:

Wednesday, May 25, 2016

How to behave (and not behave) in a deposition


I spent yesterday in a deposition. That fact is not all that unusual for a litigator. What makes yesterday’s exercise stand out is that I was the deponent, not the attorney. I spent my day under oath, answering questions.


As the mind of a blogger works, I thought to myself, “How can I turn this experience into a blog post?” And then I realized that I already had, six years ago, in a post entitled, 10 tips for preparing for your deposition. So join me on this trip back through the archives.

Tuesday, May 24, 2016

#SCOTUS extends time limits for constructive discharge claims


Yesterday, in Green v. Brennan [pdf] (background here), the Supreme Court considered when the statute of limitations begins to run for a constructive discharge claim—when the employee resigns or at the time of an employer’s last allegedly discriminatory act allegedly causing the resignation.

Monday, May 23, 2016

When must employees be paid for off-the-clock overtime?


Just about a year ago, in Moran v. Al Basit LLC, the 6th Circuit seemed to hold that all an employee needs is his or her own testimony to establish an entitlement to unpaid compensation under the FLSA. At the time, I expressed concern that such a holding might lead to more jury trials in off-the-clock wage/hour cases:
This ruling is scary, and has the potential to work extortionate results on employers. If all an employee has to do to establish a jury claim in an off-the-clock case is say, “The employer’s records are wrong; I worked these approximate hours on a weekly basis,” then it will be impossible for an employer to win summary judgment in any off-the-clock case.
Last week, in Craig v. Bridges Bros. Trucking [pdf], the same court offered some clarity on, and maybe some relief to, employers on this issue.

Friday, May 20, 2016

WIRTW #413 (the "rock star" edition)


I gotta say, I love watch the evolution of my daughter as a performer. Case in point: last weekend’s epic Weezer vs. Green Day shows. Further case in point: Green Day’s Basket Case.


Not be outdone, check out brother Donovan’s keyboard skills and dance moves (starts at around 0:45):
 

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