WIRTW #515 (the “Murica – part 2” edition)

 

Thanks, Abe.

Here's what I read this week:

Discrimination

• Could forcing an employee to sign a last chance agreement lead to a retaliation claim? — via Eric Meyer's The Employer Handbook Blog
• It’s Not the Damages, It’s the Attorneys’ Fees — via Dan Schwartz's Connecticut Employment Law Blog
• How Managers, Coworkers, and HR Pressure Women to Stay Silent About Harassment — via Harvard Business Review
• Race Discrimination Based on More Than Color—“Jewish Blood” — via FisherBroyles

Technology

• Technology Plays a Part In the Employee Experience — via hr bartender
• The Practical Guide to HR Analytics — via Next Blog
  New York’s very broad cyberbullying bill 2.0 — via Walter Olson's Overlawyered
• Formal Insider Threat Risk Assessment Program Best Addresses Employee Threats to Critical Technologies — via Trade Secrets and Noncompete Blog  
• One-Third of Businesses Lack a Cybersecurity Expert — via Dark Reading
  Fifth Circuit Reverses Dismissal of Data Breach Coverage Suit Against D&O Insurer — via The D & O Diary

HR & Employee Relations

• Episode 36 – Fire Pole — via Marc Alifanz's and Dennis Westlind's Hostile Work Environment Podcast
• Traveling for Business? WeWork Will Only Reimburse Your Meals if They are Vegetarian — via Evil HR Lady, Suzanne Lucas
  Former Employee Stole $1.3 Million From The ABA — via Above the Law
• The First Amendment and Burping — via HR Hero Line
• Can You Rescind Your Resignation? Papa John's Former CEO Wants To Know — via Donna Ballman's Screw You Guys, I'm Going Home
• When are Background Checks Issued in the Hiring and Selection Process? — via Workology
• "No Poach" Recruiting Agreements Continue to Fall Across Corporate America — via The HR Capitalist, Kris Dunn
• Can Attorneys Be Liable For Directing Clients to Breach Non-Competes? One Federal Court Says Maybe — via Trading Secrets

Wage & Hour

• Auto-deducted lunch breaks land employer in hot water — via HR Dive 
• The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time — via Employment Law Lookout
• Employee or Independent Contractor? Simple as A-B-C — via Impact Litigation Journal
• Federal Circuit Affirms Dismissal of Independent Contractor Misclassification Claim — via Employment Class Action Blog

Labor

• How to Balance the Need for Surveillance Against Protected Activity? — via EntertainHR
• Hey, Hey, Hey, Goodbye: DOL Persuader Rule Nixed — via Labor Relations

OSHA & Safety

• Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint — via Workplace Safety and Health Law Blog
• West Haven bathroom conditions prompt OSHA complaint — via Workplace Safety and Environmental Law Alert Blog