The story of the week is courtesy of the legal humor blog (and fellow ABA Blawg 100 honoree—don’t forget to vote) Lowering the Bar, which reports on the Utah Supreme Court’s reinstatement of an employee’s tort claims against his employer. The allegations are that the employer used waterboarding and other forms of physical punishment as motivational techniques:
Basically, Hudgens alleges that Prosper encouraged the use of, let’s say, “enhanced employee motivational techniques,” specifically, waterboarding. Hudgens alleged that at the time of the incident, his supervisor was already known for what the court called “questionable management practices”:
“Specifically, when an employee did not meet performance goals, [the supervisor] would draw a mustache on the employee using permanent marker or he would remove the employee’s chair. Additionally, he would patrol the employees’ work area with a wooden paddle, which he would use to strike desks and tabletops.”
Where do I sign up to work for that supervisor?
Here’s the rest of what I read this week:
Discrimination
-
The new (and very activist) Obama EEOC – from Walter Olson’s Overlawyered
-
Family Responsibilities Discrimination (FRD): The Next Big Field in Employment Law? – from Daniel Schwartz’s Connecticut Employment Law Blog
-
Religion at Work – from Suzanne Lucas, the Evil HR Lady
-
Hospital Sued Over English-Only Rule – from Joe’s HR and Benefits Blog
-
Dollar Value of Employment Cases – from Tom Crane’s San Antonio Employment Law Blog
-
Steak and sex: Fleming’s settles male-on-male harassment claim – from Sindy Warren at the Warren & Hays Employment Law Blog
-
Male sexual harassment is on the rise. Does your policy include both sexes? – from Employment Law Bits
-
GINA and Family Medical History: A Summary of Practical Concerns for Employers – from New York Labor and Employment Law Report
-
Credit Check Lawsuit Signals Potential New Wave of Class Actions – from Workplace Privacy Counsel
Social Networking & Technology
-
Discovery Granted: Give Opposing Counsel Your Facebook Password – from Philip Miles’s Lawffice Space
-
The Trouble With LinkedIn Recommendations: Confidentiality – from Molly DiBianca’s Delaware Employment Law Blog
-
Why WikiLeaks Matters More (And Less) than You Think – from HBR.org
-
Tailoring A Social Media Policy: The NFL Example – from Rob Radcliff’s Smooth Transitions
-
Employee Handbooks Not Relevant to Whether Computer Use Was Unauthorized Under CFAA (Accenture v. Sidhu) – from Legal Developments In Non-Competition Agreements
-
Best Buy’s Boss on the Lessons of Social Media – from BusinessWeek
-
The Top Ten Things You May Not Know About Social Media – from CAI News
-
Discharge is Upheld for Facebook Postings by Employees in France – from TLNT
-
Copy Machine May Be Storing Your Confidential Records – from HR Daily Advisor
-
Ohio sets social-networking rules for judges – from James Nash at the Columbus Dispatch
-
An Early New Year’s Resolution – Create A Social Media Policy – from Michigan Employment Law Connection
Employee Relations
-
Can you fairly lay-off teachers? – from Rob Schwartz’s Fairness Matters
-
EmployeeScreenIQ’s Top Background Screening Trends for 2011 – from employeescreenIQ Blog
-
Holiday Party Horror – from Michael Haberman’s HR Observations
-
Tips for terminating employees – from Michael Maslanka’s Work Matters
-
Shh! Companies Spying On Sick Workers – from Workplace Diva
-
Sick Leave and the FMLA: Should You Call Off Your Call-in Policy? – from Case In Point
-
Boss had lots of documentation, but was he just papering the file? – from Stephen Meyer’s HR Cafe
-
The Top 100 Movie Quotes for HR Pros: #90 is Dirty Harry: “Personnel? That's for A@@*LE$!!!” – from Kris Dunn, The HR Capitalist
Trade Secrets and Competition
-
Noncompete cases not slowed by economy, legislation – from Jay Shepherd’s Gruntled Employees
-
Trade Secret Statistics – from Fair Competition Law
-
Roy’s Analysis of Quirky Question # 164; Who Owns Employees’ Ideas? – from Quirky Questions
-
Top Ten Non-Compete and Trade Secret Concerns for Inhouse Lawyers and the Companies They Represent – from Trade Secrets & Non-Compete Blog
-
Walmart Obtains Delaware Injunction Barring Former Exec From Working For CVS – from Delaware Non-Compete Law Blog
Labor Relations
-
Video: Walt Disney World Union Workers Release ‘MouseTrapped 2010’ for Public Viewing – from StitchKingdom
-
NLRB Upholds Dana Corp. Voluntary Recognition Agreement – from Workplace Prof Blog
-
NLRB Dismisses “The Other” Dana Corp. Complaint; Finds Pre-Recognition Agreement Lawful – from Labor Relations Today
Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.