I love vacationing on Hilton Head Island. The beaches are pristine, the seafood’s fresh, the bars and grocery stores stock Yuengling (which, for reasons unknown, we cannot get in Ohio), and the wildlife is abundant. On one morning at the beach, a school of dolphins swam 50 feet offshore beneath a flock gulls diving for fish, while a half-dozen rays brushed my ankles at the shoreline. We also saw this behemoth lounging under a bike-path bridge—which is about as close as I ever want to get to a gator.
Anyhow, here’s what I read this week and last.
Social Media
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The Nice Things Your Employees Are Saying Can Create Liability – from Minnesota Business
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Jury Instructions on Social Media (And Google Earth!) – from Molly DiBianca’s Going Paperless
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Can Social Recruiting Lead to Discrimination and Equal Opportunity Issues? – from Laurel Clay’s ERE Community Blog
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A Tale of Two Social Media Policies: “Vader’s Death Star” vs. “Don’t Embarrass Your Mom” – from Kris Dunn, The HR Capitalist
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Readers Comment: The Defensible Collection of Social Media Data in E-Discovery – from Ride The Lightning
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OSBA Recommends Judges Limit Jurors' Social Media Access – from Cleveland Law Library Weblog
Workplace Bullying
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Debating Workplace Bullying Legislation – from Workplace Prof Blog
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New York workplace bullying legislation is in the news – from David Yamada’s Minding the Workplace
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Bullying As a Cause of Action - One Large Step Closer – from Michael Fox’s Jottings By An Employer’s Lawyer
Technology
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The World Cup in the Workplace: Opportunities and Distractions – from Dan Schwartz’s Connecticut Employment Law Blog
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Reckless and Grossly Negligent Failure to Preserve Results in Sanctions for Defendant – from Electronic Discovery Law
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Former Employee Emails Linkedin Contacts and is Sued – from San Antonio Employment Law Blog
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$50 Million Connecticut Trade Secrets Award – from Trade Secrets Blog
Wage & Hour
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Passage of the Paycheck Fairness Act Could Legalize Employees’ Discussion and Disclosure of Their Wages with Co-Workers – from Fitzpatrick on Employment Law
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Will Your Company Be the Next Million-Dollar Wage & Hour Lawsuit? – from CPEhr Small Business HR Blog
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Claim or no claim? – from Work Matters
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Ohio H.B. 523 Would Unify Definition of Employee, Make it Easier to Find Misclassification – from Employer Law Report
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Practice Over Policy - Overtime Wages Are Due For All Hours Worked Even If Workers Disregard Company Policies Or Instructions From Supervisors – from Overtime Advisor
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When is Your Annual Salary Not Your Base Salary? – from Compensation Cafe
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Classes and Sub-classes Are Possibilities In FLSA Collective Actions – from Wage & Hour - Development & Highlights
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The Franchise Relationship: A New Front in the Attack on Worker Misclassification? – from GT LE Blog
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Free checklist on independent contractors – from Kiernan’s Corner: Preventive Law for Employers
Discrimination
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Too Hot v. Not – What’s an Iowa Employer to Do? – from Iowa Employer Law Blog
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“Don’t fire me because I’m beautiful” and A retaliation claim in the making: Loranzana’s new employer on thin ice – from Sindy Warren at the Warren & Hays Employment Law Blog
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Seinfeld as Real Life: Too Hot for Work – from Workplace Prof Blog
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The Too-Pretty Protected Class? – from Philip Miles’s Lawffice Space
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Looks in the Workplace – from Mark Toth’s Manpower Employment Blawg
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What Employers Can Learn from the Novartis Lawsuit – from Adria Martinelli at the Delaware Employment Law Blog
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ADA Discrimination: What do you do when performance plummets? – from HR Cafe
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Reacting to an Office Affair? Don't Forget the “Fair” Part – from Mindy Chapman’s Case In Point
Politics & Legislation
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Obama +1 – What’s Changed? – from Tim Eavenson’s Current Employment (welcome back to blogging, Tim)
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Kagan’s Brief on Cat’s Paw – from The Word on Employment Law with John Phillips
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Cy pres bill in Ohio House – from PointOfLaw Forum
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Employers on Strike from The ChamberPost
Labor Relations
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NLRB Explores Electronic Voting – from EFCA & Labor Law Reform Blog
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SEIU Elects New President – from WorkplaceHorizons
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NLRB Rules that Hospital Interns and Residents Are “Employees” With Right to Organize – from Washington D.C. Employment Law Update
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Teaching Assistant Case Headed for NLRB Review – from Labor Relations Today
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EFCA may be “dead” in Congress, but unions are running the NLRB – from LaborUnionReport.com
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