WIRTW #523 (the “radio radio” edition)

Earlier this week, I guested on AirTalk®, 89.3 KPCC in Los Angeles. I discussed the rights of employers to access information on employees' personal devices. It's an interesting and timely topic, in light of a lawsuit recently filed by an ex-managing director of an investment firm, accusing his former employer of hacking into his home computer to read his personal emails and obtain other stored data.

Where is the line between a personal device and a work device, and does the law make a distinction if the device is used for work?

Click here to listen to our discussion. And a huge thank you to Larry Mantle and his staff for having me on.

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In other news, if you find yourself in Cleveland's southwestern suburbs this Saturday at 2:30 pm or next Sunday at 3:30 pm, stop in at Slim & Chubby's, in Strongsville, to experience Norah and Donovan getting their School of Rock punk on. Green Day, Bad Religion, Rancid, The Interrupters, The Distillers, Frank Turner, and more Green Day.

Here's what I read this week:

Discrimination

• It’s Time To Demand Ethical Behavior from Our CEOs — via Evil HR Lady, Suzanne Lucas
• Reddit Man Asks How To Get Out Of A Sexual Harassment Investigation ‘With No Blood On My Hands’ and Reddit Man UPDATE. He Got Fired, Yet Would Like To Know (Former) At-Will Employee Rights — via Above the Law  
• Think You Understand Employment Discrimination Law? Here’s a Test. — via The Employment Brief
• Harassment need not be 'overtly sexual' to create a claim, 7th Cir. says — via HR Dive
• I’m just reminding you that turning away a transgender employee based on stereotypes is unlawful — via Eric Meyer's The Employer Handbook Blog
• EEOC v. Costco Warehouse Corp., No. 17-2432 (7th Cir. Sept. 10, 2018) — via Outten & Golden Employment Law Blog
• In Sexual Harassment, the ‘Trauma Lives Past the Event’ — via TLNT
• You Say They’re Not Your Employees. But Really,They Are… — via The EmpLAWyerologist, Janette Levey Frisch

Technology

• Can You Fire an Employee over Social Media Posts? — via EntertainHR
• Firing for Online Behavior — via SHRM 
• 60 Minutes Producer Jeff Fager Fired For Threatening Texts — via Shear on Social Media Law
• Tweet Secrets – Do Ex-Employees Have to Hand Over Their Twitter Accounts? — via The L•E•Jer
• The Employee Experience Includes Technology — via Next Blog
• Everything HR Needs to Know About Blockchain — via hr bartender
• 4 Trends Giving CISOs Sleepless Nights — via DarkReading

HR & Employee Relations

• Why It's So Hard to Be A Working Mom. Even at Facebook. — viaWired
• Is Workplace Bullying Just Legal Harassment? — via HR Hero Line
• Two Questions — via Kate Bischoff's tHRive Law & Consulting LLC
• Fraud Investigations vs. Traditional Audits — via Tracy Coenen's FRAUDfiles
• My office has a mandatory feelings chart — via Ask a Manager

Wage & Hour

• If My Office Is Closed Due to Hurricane Florence, Do I Get Paid? — via
  Screw You Guys, I'm Going Home
• Getting FLSA Wrong Can Be Costly — via AlabamaAtWork
• That Bites! Employees Aren't Taking Their Lunch Breaks Anymore — via Workplace Diva
• Are you preparing to notify your employees of their rights? — via Mike Haberman's Omega HR Solutions
• 2018 DOL Opinion Letter Under the FMLA — via Jonathan HR Law

OSHA & Safety

• Can you require employees to come to work in a hurricane? — via Robin Shea's Employment & Labor Insider
• Workplace Hazards and Pregnancy – What’s an Employer to Do? — via Workplace Safety and Environmental Law Alert Blog
• Understanding the Impact of Ohio’s Medical Marijuana Law on Employers — via EntertainHR
• OSHA Dings Roofing Contractor $105K for Noncompliance With Fall Protection Rules — via Joe's HR and Benefits Blog

Until next week…