Maybe don’t forge texts if you want to win a lawsuit?

Andrea Rossbach, a registered nurse working at Montefiore Medical Center, claimed that her supervisor, Norman Morales, sexually harassed her. In support of her claim, she relied on a series of sexually harassing text messages Morales allegedly sent her, including messages in which he called her "hot," asked her to send him a photo of a G-string he gifted her.

Rossbach's claim, however, had one huge problem — the 2nd Circuit Court of Appeals concluded that those text messages did not exist. She created them after the fact to use as evidence in her claim.

At her deposition, Rossbach testified that she could not produce screen shots of the text messages because she had initially received them on an old iPhone with a badly cracked screen, and that instead she had to take a photo of the texts with a newer iPhone X, which she had also later disposed of. 

Does your workplace have a written AI policy?

The White House has unveiled the first-ever executive order on artificial intelligence (AI).

According to the White House, "The Executive Order establishes new standards for AI safety and security, protects Americans' privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more."

NLRB publishes (yet another) new joint employment rule

If at first (or second, or third…) you don't succeed, try, try again. That certainly seems to be the NLRB's mantra as it relates to its joint employment rule.

Joint employment is when one employer is responsible for the legal sins of another because of a commonality of employees. Under the standard newly announced by the NLRB, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees' following terms and conditions of employment:

WIRTW #693: the “tough out” edition

If you've been following along these past few weeks with the trials of the Lake Ridge Academy soccer team, I have some sad news to share. Earlier this week they fell 2-0 in the district semifinals to a quality opponent, ending their season. It was a hard-fought match, scoreless for 65 minutes. There were lots of tears in my car after the game. The team set a goal, of which they fell a couple of games short. That said, it was the best soccer season this team has had in 15 years.

Donovan had an amazing experience. He fully embraced being one of the "soccer boys," and is already thinking about his sophomore season. "220 days until practice starts," he told me the next morning. He's says he's going to start training ASAP with a personal goal of improving and gaining more playing time next year.

As for me, I've never been a sports parent before. I've always been a music parent (which y'all know I love). I'm happy to report that being a sports parent is pretty damn great. I loved everything about this team and this season. The wins and losses were the least import part. More importantly, I loved watching Donovan embrace being part of a team and the team embracing him as one of their own. Like D-man, I'm already ready for the 2024-25 season. 

Go Royals!

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Here's what I read this week that you should read, too.

Workplace harassment and employee assistance programs

Is it legal under the ADA to mandate that an employee accused of sexual harassment use the company's employee assistance program? That's the question being asked in a lawsuit the EEOC just filed against Weis Markets.

Do politics and work mix? A poll.

Do politics and work mix? That is the question being asked at Copper Blue Restaurant.

A half-dozen employees recently quit in protest after the owner posted a "Vote NO on Issue 1" sign in front of the restaurant. The resulting staffing shortage forced its temporary closure.

Issue 1 is a Nov. 7 ballot initiative that seeks to amend the Ohio's Constitution to grant women the right to an abortion.

Not surprisingly, the issue is polarizing.

Kickbacks are bad

It's one thing to settle an unpaid overtime claim; it's another entirely to shake down your employees to repay the settlement funds to you.

That's exactly what the Department of Labor claimed Sparklean Laundry and Piper did.

Following a DOL investigation, Sparklean agreed to pay unpaid overtime back wages to its employees. Shortly thereafter, it began demanding kickbacks from its employees to compensate for the overtime settlement, submitted false receipts to showing that it paid the recovered wages, and threatened workers for exercising their rights under the Fair Labor Standards Act.

As a result, the DOL went to court and obtained a $281,870 judgment, which included $87,735 in back wages, $94,135 in liquidated damages, and an additional $100,000 in punitive damages.