OSHA suggests employer best practices for anti-retaliation programs

The Occupational Safety and Health Administration has published recommended best practices to protect from retaliation employees who report workplace safety or other concerns under any of the 22 statutes OSHA enforces.

The document, entitled, Recommended Practices for Anti-Retaliation Programs [pdf], outlines five key elements of an effective anti-retaliation program:

Pets in your workplace? Assess the risks and draft a policy.

A reader recently emailed the following question:

Some people need service dogs to get to work. But many more simply want to take their dogs to work. What is the protocol? What are the HR rules on this? And what are the penalties for illegally taking a dog to work?

Are you thinking about opening up your business to employees’ pets? You will find very few resources on the internet to help. And, you will need a written policy before you allow pets in. Here are some considerations:

SCOTUS to review NLRB ban on class-action waivers

One of the biggest issues on the NLRB’s hit list over the past few years has been class-action waivers. In D.R. Horton, a 3-2 majority of the Board held that an arbitration agreement which requires employees to waive their right to collectively pursue employment-related claims in all forums (i.e., by giving up their right to file or join class or collective actions) violates employees’ rights under the National Labor Relations Act to engage in protected concerted activity. This issue is significant, as employers seek to use class-action waivers to combat the plague of wage-and-hour lawsuits.

In the four years since D.R. Horton, the NLRB has invalided hundreds of class-action waivers. On appeal, however, not all federal circuit courts have been kind to D.R. Horton. The 5th Circuit overturned D.R. Horton itself, while other circuits have sided with the NLRB on this important issue.

Now, the Supreme Court is poised to have the final say.

WIRTW #444 (the “training” edition)

The workplace training video. I hope yours go better than this example.


Here’s what I read this week:

… and an early contender for worst employer of the year

We already have a nominee for worst employee of 2017, so why not share the love and nominate a worst employer.

Drum roll…

Tread carefully if stripping employees of their pay

Wait, not this kind of stripping?

Stevens v. Oval Office (E.D. Wisc. 12/29/16) [hat tip: Walter Olson’s Overlawyered] poses an interesting question—is it ever permissible to dock an employee’s pay for disciplinary reasons? The fact that the plaintiffs are adult dancers docked for rule infractions such as “failing to fully remove all clothing, except for underwear, by the end of the first song when dancing on stage” doesn’t dissuade interest either.

Cleveland Clinic doctor feeling ill after anti-vax blog post stirs trouble

A wellness physician at the Cleveland Clinic is in hot water following his blog post on Cleveland.com, in which he argued that parents avoid vaccinating their children. The doctor, Daniel Neides, is the medical director and chief operating officer of the Cleveland Clinic Wellness Institute.

In his post, he attacked flu shots for children and questioned the safety of childhood vaccination schedules, citing a debunked link between vaccines and autism. His byline used the Cleveland Clinic’s logo and identifies him a Cleveland Clinic physician.

Failure to follow employer’s reporting rules dooms employee’s FMLA claim

F-M-L-A: four letters that cast fear in the heart of any HR professional. So many rules to follow, so many ways to mess up and cost an employer. It's not just an employer that has FMLA rules to follow, however. Employees also have rules that they must follow, or the FMLA will not protect their leave.

In Alexander v. Kellogg USA (6th Cir. 1/4/17) [pdf], an injured production operator terminated for unexcused absences lost his FMLA claim because he failed to follow his employer's attendance policy.

WIRTW #443 (the “gigs” edition)

Holy cow, has it really been three weeks since I last posted a weekly roundup? It’s also early January, which means it’s School of Rock show season for my kiddos, and there are a whole bunch upcoming:

• Norah grabs the mike as part of the Power Trios show, on Jan. 14 at 7 pm at 42 Eighty Food & Drink, and again on Jan. 22 at 5:30 pm at Brothers Lounge.
• Donovan tickles the keys and makes his lead vocal debut, on Jan. 14 and Jan. 22, both at 3 pm at the same venues.
• Norah’s Junior Headliners band, now known as the Major Minors, plays the finals of the High School Rock Off from the stage at the Rock and Roll Hall of Fame, Feb. 25, with a warm-up gig at Coda on Jan. 15 at 3 pm.

As always, if stop and say hello and mention the blog, your next beverage is on me.

Here’s what I read the past three weeks:

Mandatory flu shots cost employer bigly

You may recall that in September I reported on a lawsuit the EEOC filed against a Pennsylvania hospital, alleging that it unlawfully fired six employees after denying their request for a religious exemption from the flu vaccine.

How did that case turn out for the employer? Not well. From the EEOC:

An early contender for employee of the year

It’s only the 4th day of January, and we already have an early contender for employee of the year. I can not do this story any justice better than the original article in the New York Post.

HR director sues to find out who sent her ‘a bag of d–ks’ 

Why it doesn’t matter that Ohio’s concealed-carry law removed its discrimination protections

We are going to begin 2017 near where we brought 2016 to a close—gun-owner protections.

Shortly before the end of Ohio’s 131st legislative session, Governor Kasich signed into law Amended Substitute Senate Bill 199, which, among other provisions, creates certain rights for lawful handgun owners to store said handguns in their vehicles parked on the property of their employers. You can read the specifics here.

The 12 Days of Employment Law Christmas (2016 edition)

For the past four Noels, I've concluded my posting year with “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again (with updated links). If you’re feeling brave, post a video of yourself singing along.

(Some musical accompaniment)

12 myths about independent contractor misclassification

Earlier this week, the Department of Labor published a new web guide on the issue of independent contractor misclassifications. The DOL’s tagline, “Misclassification Affects Everyone”, along with the comprehensive content contained therein, makes it clear that this issue remains hot for the agency. 

Contained the guide is a document entitled, “Myths About Misclassification”, listing 12 myths the DOL believes businesses commonly hold about independent contractors.

From the archives: Santa’s Employee Handbook

While I’d like to believe that every post I’ve ever written is indelibly embossed on the brain of every person that’s ever read my blog, I understand that readers come and go, and not everyone reads or recalls every post. As a result, sometimes it makes sense to dive into the archives to revisit a timely (and timeless) post of yesteryear.

So today I bring you, all the way from Dec. 11, 2014, Even Santa needs an employee handbook.

Take a gander at my recent cyber security webinar

Today I thought I try something different. Instead of reading what I have to say, I thought I’d give you a chance to listen to what I have to say.
The topic du jour — cyber security. Below is a video of a webinar I conducted last week, entitled, Everything Homebuilders Need to Know About Cyber Security in 30ish Minutes (but are afraid to ask). 
Even though the webinar was for the Home Builders Association of Greater Cleveland, most of the presentation is of general business interest, and of particular interest to HR folks. Cyber crime is one of, if not the, biggest threat to American businesses (see Yahoo, Target, Home Depot, the DNC…). If this issue is not squarely in the middle of your company’s radar, it should be for 2017.

WIRTW #442 (the “Good with God” edition)

Any week my favorite band—the Old 97’s—release new music is a week to be celebrated. (I know, Old 97’s music two Fridays in row. Deal with it or read something else today).

I’ll let Rolling Stone do the heavy lifting:

“I’m good with God. I wonder how she feels about me?” 

So ends the chorus of the Old 97’s’ “Good With God,” the lead single from the band’s 11th album, Graveyard Whistling. Due February 24th, the album offers up another boozy blast of Texas twang, train-beat percussion and guitar grit from Rhett Miller and company, who recorded its 11 songs in the same border-town studio that spawned the group’s major-label debut, Too Far to Care, two decades earlier. 

With their original four-piece lineup still intact, the Old 97’s welcome a new face into the fold with “Good With God,” whose titular omniscient character is played by Brandi Carlile. The two trade vocal duties throughout, with Carlile’s voice bathed in plenty of godly reverb. The result is an ominous, off-kilter duet between Miller and his maker, driven forward at highway speed by bandmates Philip Peeples, Murry Hammond, and Ken Bethea.

You can pre-order the new album, Graveyard Whistling, here (CD, digital, or four different colors of vinyl). Why wait for it’s official release on February 24? They are good musicians and better people that deserve for their music to be purchased, not streamed. And, look for the band to roll though your town in the Spring and Summer. They are a live act not to be missed.


Here’s what I read this week.

When a self-fondling supervisor earns the nickname “Mr. Bojangles,” it’s not going to end well

The EEOC reports that it has sued Goodwill Industries of the East Bay Area for sexual harassment and disability discrimination, following allegations made by disabled female nightshift janitors against their supervisor. The allegations are … disturbing:

Santa Claus and child labor laws

While I was watching Rudolph the Red Nosed Reindeer with my family something struck me. The elves working in Santa’s Workshop manufacturing the toys looked awfully young. Is it possible that the North Pole lacks child labor laws? Is this how Santa keeps his costs down? After all, he needs toys for more than half a billion children.

So, what are Ohio’s child labor laws?

Ohio set to maintain stable statewide minimum wage

A bill is on its way to Governor Kasich’s desk for signature that would prohibit any municipality or other political subdivision from establishing a minimum wage different from Ohio’s state minimum wage.

Sub. S.B. 331 [pdf] is a reaction to efforts of the “Fight for 15” movement to create piecemeal minimum wage increases city by city. Recall that earlier this year, Ohio’s attorney general issued an advisory opinion that a municipal ordinance may not require an employer to by a to pay its employees an hourly minimum wage rate that is in excess of the statewide hourly minimum wage rate,which is fixed by Ohio’s Constitution. This bill clears up an ambiguity over this issue.

Common sense (sort of) prevails in Ohio over gun-owner discrimination law

Last week, I reported on Ohio Senate Bill 199 / Sub. House Bill 48, which would have elevated “concealed handgun licensure” to a protected class under Ohio’s employment discrimination law, on par with race, color, religion, sex, military status, national origin, disability, age, and ancestry.

My Twitter feed absolutely exploded with confusion and outrage. Some of the better replies:

WIRTW #441 (the “Burl Ives” edition)

Christmas carols and the Old 97’s are two things that make me very happy. Do you know what makes me happier? When the Old 97’s sing a Christmas carol.

For this week’s musical share, I bring you Rhett and the boys performing “A Holly Jolly Christmas.” If this doesn’t put you in the holiday mood, nothing will.

Click here to enjoy (sadly, the Austin American-Statesman doesn’t offer an option to embed the video).

Here’s what I read this week:

Ohio set to elevate gun ownership to a protected employment class #TerribleIdea

How do you get conservative lawmakers to agree to add a protected class to an employment discrimination law? Focus on protecting on gun ownership, apparently.

Believe it or not, the right to conceal carry is about to join race, sex, age, religion, national origin, and disability as a class against which employers cannot discriminate against their employees. Really. I’m not making this up. Senate Bill 199 and Sub. House Bill 48 would make it illegal for an employer to fire, refuse to hire or discriminate against someone who has a concealed-carry permit and keeps a gun within a vehicle that may be parked on the employer’s property.

7 tips to avoid the holiday party nightmare

’Tis the season for workplace holiday parties. It a time to reflect on the past year and celebrate all your organization has accomplished. It is also a time to avoid liability, hopefully. A lot can go wrong at a holiday party.

For example, consider Shiner v. State Univ. of N.Y. (W.D.N.Y. 11/2/12).

“Who needs the NLRB?”

Bloomberg BNA reporters Chris Opfer and Ben Penn asked this question in their weekly column of workplace musings: “Who needs the NLRB?” (a question I’ve asked myself more than once over the past eight years.)

Said Chris Opfer:

A $15 minimum wage is not without consequences #fightfor15

Donald Trump’s presidency sparks an interesting dichotomy—a Republican that rode into office on a wave of populism, including fiscal populism. Officially, the President-elect favors a higher minimum wage: “On the minimum wage, Mr. Trump has voiced support for raising it to $10 at the federal level, but believes states should set the minimum wage as appropriate for their state.” 

The “Fight for 15” movement is taking notice:

WIRTW #440 (the “muzak” edition)

Earlier this week I had a conference call with a client, an event which I repeat dozens of times per week. This particular client uses UberConnect as its conference call provider. I’ve never used UberConnect before, I know nothing about it, and I am certainly am not endorsing it. I am, however, endorsing its hold music. I was the first participant to dial in, and was prepared for a few moments of smooth jazz for my listening non-pleasure. Instead, I got this song, “I’m on Hold,” by Alex Cornell, one of the company’s founders, who wrote the song specifically for this purpose.



Kudos to any company that thinks outside the box and tries something different to make the mundane a little less so.

Here’s what I read the past two weeks:

Will the 7th Circuit ban LGBT employment discrimination?

Those of you who have been reading this blog for any length of time should know that I strongly believe that it is a national embarrassment that LGBT employment discrimination remains legal. Sure, the EEOC believes that Title VII’s prohibition against sex discrimination covers LGBT discrimination. But, despite what it may think, the EEOC does not make law, it merely enforces laws made by others. And, yes, some federal courts are starting to come around to believing that Title VII covers LGBT discrimination. Yet, until either Congress amends Title VII to expressly cover LGBT discrimination, or all federal courts conclude that Title VII already covers it, employers are compliance limbo.

Federal court denies injunction against new OSHA retaliation rules

Stan Musial, Wade Boggs, Rod Carew, Honus Wagner, Jimmie Foxx, Joe DiMaggio. Six of the greatest hitters in the history of baseball. And all ended the careers with batting averages under .333. If you’re a baseball player, one out of three places you among the all-time greats. If you’re the Department of Labor, however, it’s not so good.

The DOL has already taken two big losses this month (first its Persuader Rule, and then its Overtime Rule), so you’ll forgive it if it’s not overly jubilant about closing November with a much needed win. Yet, a win is a win, and at this point the DOL will take what it can get from federal judges in Texas.

“Perceived” national origin discrimination may not be illegal, but…

Lost in the maelstrom of the last week’s FLSA overtime rule injunction was the news that the EEOC issued updated enforcement guidance on national origin discrimination.

The guidance, which replaces the EEOC’s older 2002 guidance and covers topic such as citizenship, language issues and English-only policies, and harassment, is recommended reading for all employers, as are the EEOC’s companion Q&A and small business fact sheet.

Let me point out, however, one area of contention—the issue of “perceived” national origin discrimination.

As sure as today is Cyber Monday, your employees are shopping from work

Today is Cyber Monday, the biggest online shopping day of the holiday season. In fact, it is estimated that today will be the biggest online shopping day ever, with over $3.36 billion in sales.

And, guess what? Given that most of those doing the shopping will be spending the majority of their prime shopping hours at work, from where do you think they will be making most of their Cyber Monday purchases.

Consider these statistics, pulled from CareerBuilder’s 2016 Cyber Monday Survey:

With the new overtime rules DOA, what now for employers?

Yesterday I promised myself a blogging vacation until after the Thanksgiving holiday. And then Judge Amos L. Mazzant III dropped the biggest employment law story of the year by enjoining the DOL’s new overtime rules.

My 5th grade daughter just completed two long-term school projects—a comprehensive book report celebrating a Newbery Medal winner (she chose Shiloh), and a scientific study of a native Ohio bird (she chose the wild turkey). They were due within two days of each other, and she had several weeks to complete each. We sat down with her school planner and mapped out reasonable due dates for each piece of each project, so that she would not get slammed at the end. With her busy music schedule, this lesson in non-procrastination was vital to her completing the projects on time (which she did).

I hope she doesn’t read this post, because I don't want her ever to think procrastinators win. Nevertheless, employers who procrastinated in preparing for the new overtime rules are feeling pretty good right about now.

BREAKING: Federal judge grants nationwide preliminary injunction against FLSA overtime rule

Consider this the judicial equivalent of a Hail Mary, or full-court buzzer beater, or a bottom-of-the-9th, 2-out grand slam.

Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas has just issued a preliminary injunction enjoining the DOL’s impending December 1 change to the FLSA’s white-collar salary test.

Dropping some wage and hour wisdom on turkey giveaways

One law firm for which I used to work provided each staff member an annual Thanksgiving turkey as a holiday thank you to its employees. With the hindsight of two decades of employment-law experience, here’s my question—should the fair market value of that turkey been included in the employees’ regular rate of pay? Because if it was, the company would have to include its value in the calculation of employees’ overtime rates.

Some workplace haiku to start your week #haikuatwork

Lately, the news has been so grim, with elections, and overtime rules, and data breaches, and federal agencies that over-step and over-reach. I figured, why not start the holiday week with some levity.

Cleveland’s Fox 8 recently published a list of workplace haiku. Here are some of my favorites:

WIRTW #439 (the “Texas teardrops” edition)

It’s been a bad week for the Department of Labor in Texas, and it could get a whole lot worse before the month is over.

On Wednesday, U.S. District Judge Sam Cummings issued a permanent injunction preventing the DOL from implementing its controversial persuader rule.

Also this week, the Texas federal judge hearing the U.S. Chamber of Commerce’s challenge to the DOL’s impending overtime rule change (set to take effect Dec. 1) announced that he will issue a ruling by Nov. 22 on whether to enjoin the new white-collar salary threshold. Stay tuned.

If both cases go employers’ way, the DOL will definitely be crying Texas tears over its Thanksgiving turkey.


Here’s what else I read this week:

Federal judge takes NLRB to task for rules that protect racist and sexist workplace misconduct

Of all of the decisions the NLRB has handed down in the past eight years, those that let striking employees lob racists and sexist bombs at replacement workers crossing picket lines are the most offensive to me.

Consolidated Communications v. NLRB (D.C. Cir. 9/13/16) is one such case.

More compelling than the decision, however, is the concurring opinion written by Judge Patricia Millett, in which she calls on the NLRB to carry out its mission to protect the rights of all employees, not just those who happen to be walking a picket line. How can a picket line magically convert misconduct that is “illegal in every other corner of the workplace” into the “unpleasantries that are just part and parcel of the contentious environment and heated language that ordinarily accompany strike activity,” she asks? 

The newest threat to your cybersecurity? Your lunchroom appliances

Dinner is always a bit of cluster in my house. We are a home of two working parents, and, with music lessons and band rehearsals three nights a week, it seems that we are always scrambling for our evening meal. More often than not, we end up eating out, which is neither good for our wallets nor our waistlines.

What happens to the new FLSA salary test under President Trump?

The one employment-law question I’ve been asked most since waking up last Wednesday to the reality that The Donald will be The President (aside from, “How did this happen,” and for that I direct you to John Oliver’s excellent 30-minute soliloquy of an answer from his Sunday night HBO program—warning, language NSFW) is, “Does this mean that the new FLSA salary test won’t go into effect?”

The short answer? “No, it does not mean that.”

Employee’s misuse of medical leave grounds FMLA claim

Employers often tread too cautiously when handling employees on FMLA leave. Despite this caution, courts will to side with an employer that terminates an employee after uncovering abuses of FMLA leave.

Case in point? Sharif v. United Airlines (4th Cir. 10/31/16).

WIRTW #438 (the “White House” edition)

I heard that there was this huge meeting at the White House yesterday. 

A photo posted by Cleveland Cavaliers (@cavs) on Nov 10, 2016 at 1:14pm PST

#TheChamps #youthoughtiwastalkingabouttrump #JRputashirton

Here’s what I read this week.

How do we heal at work after this election season? [Updated]

As someone who’s been blogging as long as I have, nearly all of my life experiences run through my blogging filter. “How can translate this into a blog post about the workplace,” is a question I often ask myself. So this is the place in which I found myself yesterday. “What does a Trump presidency mean for labor and employment law?”

Federal court recognizes LGBT employment discrimination as illegal under Title VII

It’s been more than a year since the EEOC first announced that it would accept LGBT-discrimination charges as sex-discrimination charges under Title VII. Last week, the EEOC finally got a federal court to agree with its position in a LBGT-discrimination-is-sex-discrimination lawsuit.

EEOC on Wellness Programs and EEO-1s

The EEOC has posted webinar recordings of two significant new rules: Wellness and EEO-1 requirements.

We measure salaries for FLSA exemptions weekly, not annually

An article entitled, “Obama overtime-pay rule prompts changes, requires loans, as Ohio universities adapt,” which ran last week on Cleveland.com, caught my eye. The articles discusses how universities are struggling with the impending salary-test change to the FLSA’s various overtime exemptions.

The article links to a communication plan published by the University of Cincinnati [pdf], discussing how the new salary test will impact its salaried employees. This is what the university is telling its employees:

WIRTW #437 (the “Elevate HR” edition)

Elevate HR is the largest virtual HR conference in the world. And, for the second straight year, I am thrilled to be one of the more than 50 industry leaders chosen to present.

I’ll be discussing a vitally important, yet too often overlooked, issue — Cybersecurity for HR. In this session, you will learn the most important steps you can take right now to train your employees on effective cybersecurity awareness, to place your company in the best position to protect against a costly data breach.

Join me and other industry for Elevate 2016 on November 10th. Because it’s a virtual conference, you don’t even have to leave the comfort of your desk. And the best part? It’s100% free.

Register now!

Here’s what I read this week.

Employers, do not ignore obvious disability accommodations

All the way back in 2014, I wrote the following:

An employee must ask for ADA accommodation to receive it.

That is, an employee must ask for an accommodation unless the employee’s need for an accommodation is so obvious that the employer cannot reasonably turn a blind eye toward it.

Case in point? Kowitz v. Trinity Health (8th Cir. 10/17/16).

Time off from work to vote

Tuesday is Election Day (oh, thank God). As long as Election Day remains a working day, employees will show up to work late, leave work early, or take long lunches, just so that they can vote.

Ohio law requires that an employer provide all employees a reasonable amount of time off to vote on election day. According to Ohio Revised Code 3599.06:

Don’t forget the fluctuating workweek for your salaried nonexempt employees

Are you still struggling with how to handle your currently exempt employees who, one month from today, will earn less than $913 per week? If you have a salaried employee, no matter what they do on a day-to-day basis, if he or she earn less than $913 per week, beginning December 1 that employee will be non-exempt no matter what.

Let me offer a suggestion you may not yet have considered—the fluctuating workweek.

Feds publish a Halloween trick for employers

Have you seen Worker.gov? It is a how-to manual for employees to file charges with the full gauntlet of federal labor-and-employment agencies―EEOC, NLRB, OSHA, and DOL Wage-and-Hour Division.

WIRTW #436 (the "Purdy good music" edition)

Norah and Rhett

Joe Purdy has been around for awhile. That I’d never heard of him before I bought my ticket to see him play with Rhett Miller last Saturday night is my fault, not his. The fact is that I should have heard of this thoughtful, folksy singer-songwriter, given that he contributed a song to one of my all-time favorite television shows, Lost.

So with no knowledge or preconceived expectations, we settled into our front-row seats at The Kent Stage to see Joe Purdy, and we were blown away. His positive message, clever lyrics, and dry wit completely entertained us.

“An example,” you ask? Here’s Joe performing an unrecorded track about his 4th grade girlfriend, Laura Wilson. If you listen closely at 1:37, you’ll hear me drop my iPhone, followed by an embarrassed, “Dad...!” from Norah, and Joe stopping the song to chat to us, amused by the whole interaction.


Check out Joe Purdy if he comes through your town. You won’t be disappointed.

Here’s what I read this week:

The White House challenges states to reform non-compete agreements

This week, the White House announced a call to action to reform non-compete agreements [pdf]. Instead of proposing sweeping federal legislation, it is asking each state to pass non-compete reforms. This call to action comes on the heels of a joint White House/Treasury Department report [pdf] issued this past spring addressing the use, issues, and state responses to non-competition agreements.

OSHA doubles down against retaliation

OSHA has had a busy October.

First, it announced that it has delayed enforcement, until December 1, of the anti-retaliation provisions of its injury and illness tracking rule.

According to OSHA, “The anti-retaliation provisions were originally scheduled to begin Aug. 10, 2016, but were previously delayed until Nov. 10 to allow time for outreach to the regulated community.” While I hate to be appear cynical, I can’t help but think that the pending lawsuit challenging the legality of these rules has something to do with this delay.

Second, even though OSHA keeps delaying these rules, it continues its efforts to educate employers and employees about them. On October 19, OSHA published both a memorandum and example scenarios interpreting these new anti-retaliation provisions.

Just because it might be legal doesn’t make it right

The plaintiff in Tennial v. UPS [pdf], a former UPS manager, claimed that his manager placed him on a performance improvement plan, and ultimately demoted him, because of his race. In support of this claim, he relied in part on: 1) his manager’s alleged use of the word “n*****” in referencing another, nonparty UPS employee, and (2) a district president’s use of the word “boys” in reference to Tennial’s black coworkers.

Lessons from a job interview

Last week, Steven Colbert conducted a mock job interview for President Obama. During the course of the interview, he asked the President questions that referred both to his age and the national origin of his birth.


Oops.

What lessons can employers learn from these few moments of late-night frivolity?

WIRTW #435 (the "spare time" edition)

How do you spend your down time? What do you do when you’re not working? Me? I blog, and I play roadie for Norah and Donovan. If you happen to work as an animator at Pixar, you craft emotionally compelling and visually stunning short animated films. Like this one.


Borrowed Time from Borrowed Time on Vimeo.

According to one of its two creators, Lou Hamou-Lhadj (the other is Andrew Coats), their “goal was as to make something that kind of contested the notion of animation being a genre, and one for children specifically. We really wanted to make something that was a little bit more adult in the thematic choices, and show that animation could be a medium to tell any sort of story.”

I’d say they hit it out of the park. 

Here’s what I read this week.

Is social recruiting discriminatory?

Yesterday, I noted that the EEOC is examining the impact of “big data” on how employers reach employment decisions.

Looking at an issue and doing something about it, however, are two entirely different animals. I wonder what business the EEOC has looking at this issue at all. The EEOC’s mission is to eliminate discrimination from the workplace. Certainly, there is no claim that neutral data points intentionally or invidiously discriminate based on protected classes.

EEOC reiterates its enforcement priorities for the next four years

Earlier this week, the EEOC announced its updated Strategic Enforcement Plan for 2017 – 2021. So, what issues must employers have on their radar? From the EEOC’s press release: