What’s the worst employee exit you’ve ever seen?

There is a right way to quit a job, and a wrong way to quit a job.

Last week, a Twitter employee demonstrated the worst of the latter.

Some lessons from the employee fired for middle-fingering Trump’s motorcade

Have your heard about Juli Briskman, the biker that flipped the finger to Trump’s passing motorcade?

https://twitter.com/julibriskman

Parental status discrimination is NOT a thing. But should it be?

I received some great feedback on LinkedIn on last week’s post on New York’s new paid family leave law.

That law grants paid leave for the same general reasons one can take unpaid leave under the FMLA. What it does not do, though, is create a new protected class.

Indeed, discrimination based on one’s status as a parent is, in and of itself, NOT illegal.

WIRTW #483 (the “tardy” edition)

I HATE being late. It’s my number one pet peeve.

It drives my family completely nuts. If I’m even one minute late for anything, I am a mess. For that reason, we are usually five minutes early for everything (which is perfectly okay by me).

I view tardiness as an issue of respect. When you are late, it tells others that you view your time as more valuable than theirs. To me, lateness equal selfishness, and I have little tolerance for the selfish.

Is New York the beginning of the end for America’s poor family leave laws?

My two working-parent family

It is freakin’ hard to be a working parent in America. It is even more difficult when both mom and dad work.

It’s not just childcare, but also doctors’ appointments, kids’ sick days, summer vacations, winter and spring breaks, Labor Days, Memorial Days, and all the other “Days” (and don’t get me started on “teacher in-service days”).

Beginning January 1, 2018, New York is implementing the start of solution for any employees that work in that state.

VOTE for the ‘Worst Employer of 2017’ — polls are open

The day for which you’ve waited all year has finally arrived.

It’s your opportunity to help pick the Worst Employer of 2017.

Apple employee gaffe illustrates risk posed by YouTube videos in protection of trade secrets

An Apple employee lost his job this week after his daughter, Brooke Amelia Peterson, posted a YouTube video of her dad’s brand new, unreleased iPhone X.

ReCode has the details:

Peterson posted a five-minute video of a September day in Silicon Valley, which mostly included shopping for makeup and clothing. Harmless, and not unlike other YouTube videos posted by teenagers. 

But then, in the video, she visits her father on Apple’s campus in Cupertino for what seems like dinner. As they munch on pizzas in the company’s cafeteria, Peterson’s dad hands her his iPhone X to test. That’s when YouTube viewers got about 45 seconds of footage of Peterson scrolling through various screens on the new design and showing off its camera.

Ohio lawmakers consider safe harbor for cybersecurity compliance

If the Equifax data breach hasn’t scared your company into cybersecurity compliance, Ohio lawmakers are considering dangling you a compliance carrot.

Senate Bill 220 [pdf], introduced earlier this month, would provide business a cybersecurity ‘safe harbor’ in exchange for compliance with the NIST Cybersecurity Framework (or other similar standard).

WIRTW #482 (the “a bet is a bet” edition)

It’s been a couple of weeks since baseball’s evil empire, otherwise known as the New York Yankees, knocked my beloved Cleveland Indians out of the playoffs.

I can’t say the pain has gone away, but seeing the Astros as the American League’s representative in the World Series helps an ever-so-small small bit.

With no risk of Yankees winning it all this year, it’s time I paid off a little bet I made with Dan Schwartz over the outcome of the Division Series.

God, this hurts. But, a bet is a bet.

Here’s what I read this week.

When should HR call its lawyer?

Yesterday, I read When is an Employee Issue a Legal Issue (and When Is it HR)?, written by Dan Schwartz on his always excellent Connecticut Employment Law Blog. Dan posits that there are some instances when a business almost always should get legal involved with an employee issue, such as when it receives a “lawyer letter”, receives service of an agency charge or lawsuit, needs to conduct a privileged investigation, or confronts a complex or novel legal issue.

I’d like to address this same question from a more macro level.

Not all swearing at work is created equal

According to a recent survey, 57% of American employees admit to swearing at work. (To me, that seems low. Also, count me in the “yes” column.)

Where is the line between swearing as harmless workplace banter and swearing as harmful unlawful harassment?

Consider these two examples.

Bill O’Reilly claiming victim status is WHY we have a harassment problem

Over the weekend, the New York Times reported that Bill O’Reilly paid $32 million to settle a claim of sexual harassment brought against him by a former co-worker.

Yesterday, in an interview with the New York Times, O’Reilly let his accusers have it:

It’s horrible what I went through, horrible what my family went through. This is crap. It’s politically and financially motivated. We can prove it with shocking information. We have physical proof that this is bullshit.

The 23rd nominee for the “worst employer of 2017” is … the cake boss

As we wind down the year toward voting to name the first annual “Worst Employer of the Year,” I thought I had all bases covered. Then I read this story on Buzzfeed:

This Teen Says Her Chili’s Manager Sexually Harassed Her, And Her Coworkers Threw A Party To Shame Her

WIRTW #481 (the “proof of concept” edition)

When a commenter starts his thoughts with “Hey faggot,” you know you have one for the internet-troll hall of fame.

A couple of months ago I wrote a post entitled, When You Discover That You Employ a Nazi. This post generated the above-referenced comment on Workforce.com (which cross-posts my blog daily).

The rest of this winning comment?

Thank you, Mr. Bryson, for proving my point. Let me also suggest (if you can stomach it) that you check out his account on Disqus.com, which exposes his views on a range of topics, including LGBTQ people, the Jews, and school shootings as false flags. For the record, he is con, con, and WTF?!

Here’s what else I read this week:

When is a break not a break under the FLSA?

The FLSA draws a pretty clear line as to when breaks must be paid, and when they can be unpaid.

If a break 20 minutes or less in duration, it must be paid. Any longer, and an employer can make it an unpaid break.

What if, however, instead of providing employees paid breaks, an employer installs a system of flex time—the employer only pays employees for the time they are logged onto its system, which maximizes employees’ ability to take breaks from work at any time, for any reason, and for any duration.

Does this “flex time” system of unlimited unpaid breaks pass muster under the FLSA?

No, you do not need a workplace emoji policy

I read a blog yesterday that asked the following question? “Do you need a workplace emoji policy?”

They say yes, I say an unequivocal no.

Weinstein case highlights problem of “ostriching” harassment

It’s been a busy few days in employment-law land, with the Harvey Weinstein sexual harassment case dominating the headlines.

What have we learned?

• Weinstein is an (alleged) (do I really need to add this qualifier?) serial harasser, maybe one of the worst in history.
• His misconduct was the worst kept secret in Hollywood, with even Courtney Love discussing it all the way back in 2005.
• The Weinstein Company, and the members of its board of director, are in deep, deep trouble for ignoring Harvey’s (alleged) wandering eyes, hands, etc.

There is no *good* reason to be anti-LGBTQ rights

Last week I presented a webinar entitled, “The Top 10 Employee Handbook Mistakes.”

I discussed, among other policies, missing at-will disclaimers, salary discussion bans, failing to define the FMLA leave-year, inflexible leave of absence policies, and omitted or ineffective harassment policies.

I also discussed anti-discrimination policies that ignore LGBTQ employment rights.

During the LGBTQ section of the webinar, I provided the legal background on the issue (Title VII is silent, some states and municipalities have acted, and the EEOC and federal courts have stepped up to otherwise fill in Title VII’s gap).

I then issued this challenge to the attendees—

“Be on the right side of history.”

WIRTW #480 (the “another Fake ID” edition)

Indulge me, as this morning I once again take off my employment-law blogger hat, and replace it with my proud dad / music blogger hat.

Fake ID had quite the successful opening weekend of music. They started last Saturday night rocking The Pond Ice Rink’s annual clambake (encore included), and finished Sunday afternoon as the talk of the Hiram House Camp Pumpkin Festival.

It was an absolute joy to watch this band perform (and not just because one of them happens to be mine). These kids rock hard, work harder, and love what they are doing.

As one fan described his “favorite cover band in town” — “Book them now for your holiday party before they get their driver’s licenses!”


Follow these kids on YouTube for more videos from this past weekend, like them on Facebook for information on future gigs, and follow them on Instagram for more videos and other photos.

Here’s what I read this week.

Do you know what to do when an employee dies on the job?

It’s news an employer never wants to deliver.

“I’m sorry, but your spouse (or partner, child, or other family member) had an accident at work and unfortunately passed away.”

But it happens. In fact, according to OSHA it’s happened 357 times already this year.

Indeed, it happened just yesterday, at Cleveland State University. A piece of sheet metal fell and killed a construction worker.

Jemele Hill story underscores employees lack of understanding about personal social media and work

Social media has irreparably torn down the wall that has historically separated one’s work life from one’s personal life.

Earlier this week, ESPN personality Jemele Hill learned this lesson the hard way.

It’s coming from INSIDE THE HOUSE: 12 steps for your employees to become cyber-aware

Do you remember the movie When a Stranger Calls?

The movie opens with a babysitter receiving a telephone call from a man who asks, “Have you checked the children?” She dismisses the call as a practical joke, but as they continue, and become more frequent and threatening, she becomes frightened and calls the police. Ultimately, she receives a return call from the police, telling her that the calls are coming from inside the house.

(Cue ominous music)

October is National Cyber Security Awareness Month. And, according to one recent study, employee negligence or other error is the cause of 41 percent of all data breaches. Your data breaches are coming from inside your house. The question is what are you going to do about it.

What to do when your Harvey Weinstein harasses your employees

By now you’ve likely heard about the decades of harassment allegations levied against storied Hollywood producer Harvey Weinstein. Over the weekend, his company, the Weinstein Company, fired him.

Will your board have the courage to do the same if your CEO / President / founder engages in the type of misconduct alleged against Harvey Weinstein?

WIRTW #479 (the “pod” edition)

I am recently back on the podcast wagon. For reasons that I never understood, I abandoned the platform as a media source a few years ago. But I’m back with a vengeance.

Here are the five podcasts to which I’ve been most listening lately (along with their official descriptions and my favorite recent episode of each):

Sometimes a banana is just a banana, and sometimes you're liable for harassment

An employee grabs a co-worker’s penis and pokes another employee with a banana protruding from the zipper of his pants.

Should the employer be liable for sexual harassment?

Well, it depends. An employer’s liability for harassment often hinges on whether the harasser is a “supervisor.”

Accommodating employees should be a common sense issue

I spent a high-school summer working on a warehouse loading dock. One of my co-workers was named Harland Jester. (I provide his name because he named his son “Court,” and this context provides the necessary color for the rest of the story.)

Four days in to my summer job, a co-worker pulled me aside and ask, “Did Harland get a hold of you yet?”

“Uh, no. Why?”

“Just wait.”

The 22nd nominee for the “worst employer of 2017” is … the wage absconder

Suppose you decide you are not going to pay your employees minimum wage and overtime required by the Fair Labor Standards Act. And let’s further say that the department of labor investigates your wage and hour practices and fines you to the tune of $1.95 million for the unpaid wages.

Do you—

1. Figure out how to pay the fine?
2. File bankruptcy and wrap yourself in its protections in an attempt to save as much of your assets as possible?
3. Transfer assets to family members to create an appearance of insolvency and inability to pay the fine?

Just try to curb your enthusiasm about this post on the ADA and attendance

On last night’s season-nine premier of HBO’s “Curb Your Enthusiasm,” Larry David was faced with this age old problem.

How does an employer handle an employee who skips work because she’s constipated?

Larry handled it by foisting his problem employee (his personal assistant) onto someone else.

What should you do?

WIRTW #478 (the “Fake ID” edition)

Norah has a small dry-erase calendar hanging inside her middle-school locker. And on that calendar, in the Friday block, she scribbled the words, “Fake ID”.

“Norah,” the Head of Middle School asked her, “why do you have ‘Fake ID’ written in your locker?” She reports that he seemed … concerned.

Bonus post today, because Roger Waters

If my 13-year-old self, sneaking off into the woods at sleep-away camp to listen to my bootlegged cassette of The Wall, could see me now…

When Roger Waters mentions your blog post from the stage, it merits a follow-up.

Trump flip-flops on LGBTQ workplace discrimination

“As your president, I will do everything in my power to protect our LGBTQ citizens.…”

Those were the words of then nominee Donald J. Trump at least year’s Republican Convention.

What’s missing from those words?

“…Unless you’re at work. Then you’re screwed.”

Yesterday, Trump’s White House announced that it will urge the 2nd Circuit Court of Appeals to rule that Title VII does not ban discrimination against gay employees. The court will decide whether, in that Circuit, Title VII’s definition of “sex” includes LGBTQ individuals. (The 7th Circuit has already says that it does.)

Are you tired of hearing me rant about this issue? Tired of hearing me tell you that it is shameful that in 2017 there still exists a group of people that the law does not clearly protect from discrimination? 

Well, I hope not. Because I’m going to keep doing it until this country WAKES UP and comes to its senses.

You can read my long history of support for LGBTQ workplace rights here.

7th Circuit rejects extended medical leaves of absence as ADA accommodation

Photo: speedpropertybuyers.co.uk/

“You’re FIRED!”

No, this post is not about a recent Trump rally; it’s about the end game to Severson v. Heartland Woodcraft, Inc., in which an employer terminated an employee unable to return to work after the expiration of his 12-week FMLA leave.

Updated: The 21st nominee for the “worst employer of 2017” is … the Whata(alleged)racist

It has been 53 years since Congress banned racial discrimination in employment. You’d think by now that all employers would know that you cannot hire an employee expressly based on their race.

Yet, how does one explain this lawsuit, recently filed against Whataburger?

A rebuttal to those who questioned my parenting skills

Over the past four days, I have taken A LOT of heat online for allowing my 11-year-old daughter to perform on stage with Roger Waters.

WIRTW #477 (the “just another brick in the wall” edition)

I had a whole post written about Norah’s punk show last weekend, and how her performance awed me.

Then this happened yesterday.

At 2:54 pm I received the following email from the School of Rock general manager:

Major Minors! Roger Water’s people just contacted us, they need 10-12 kids aged 10-15 tonight to be on stage for a section of the show (the we don’t need no education part). This is going out to you guys.… I need to know NOW.

Is LGBT discrimination finally coming to a head?

Two stories this week caught my attention:

• EEOC Sues Malcolm S. Gerald & Associates for Sexual Orientation Discrimination; and
• Is the EEOC going “wishy-washy” on LGBT rights at work?

The 20th nominee for the “worst employer of 2017” is … the nepotism harasser

Just when I think I’ve hit rock bottom with my survey of the year’s worst employers…

The EEOC reports that it has sued an Illinois IHOP franchisee for sexual harassment. While the allegations are bad, what makes this case worse is the allegation that the store owner ignored his employees’ complaints because the accused harasser was a close relative.

What it’s like to be sued by your employee

When you litigate, you’re losing.

This is an odd statement for a litigator to make. But it’s true.

The 19th nominee for the “worst employer of 2017” is … the pizza punisher

Your 19th nominee for the worst employer of 2017 is a Jacksonville, Florida, Pizza Hut franchisee that threatened its employees if they skipped work because of Hurricane Irma.

WIRTW #476 (the “… punk rocker” edition)

Genetics is a funny thing. We have no idea where Norah got her musical chops, as neither my wife nor I are anywhere close to what one would call musical.

Consider this, however. Joey Ramone’s real name was Jeffrey Hyman. Could this be the source of Norah’s musical chops (and her height)?

My dad says not to count on it. I’m holding out hope.

Norah will be doing her punk thing this Sunday and next Saturday at Slim and Chubby’s, 5 pm and 3 pm, respectfully. D-man precedes her at 3 pm (Sunday) and 1 pm (next Saturday) playing some Beatles tunes. 

Here’s what I read this week:

Discrimination

• Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About — via Dan Schwartz’s Connecticut Employment Law Blog
• Can a man claim pregnancy discrimination? A man, baby! — via Eric Meyer’s The Employer Handbook Blog
• Liability for abetting workplace bias — via Walter Olson’s Overlawyered
• I keep finding my coworker in a compromising position … with himself — via Ask a Manager
• Unbelievable – Health Care Providers Sued For Disability Discrimination — via Above the Law

HR & Employee Relations

• Second-guessing the advice columns: Bad HR practices aren’t necessarily illegal. — via Robin Shea’s Employment & Labor Insider
• How HR Can Help Employees Handle Natural Disasters Again — via Mike Haberman’s Omega HR Solutions
• Yes, you can be fired for missing work while fleeing Hurricane Irma — via Wonkblog
• Employee theft robs US businesses of $50B annually — via HR Dive 
• Swimming Pool Company’s Non-Compete Claim Takes a Dive — via Suits by Suits
• Don’t Steal My Employees When You Quit – the Anti-Raid Provision — via Smooth Transitions
• Employment Authorization Issues Related to DACA Rescission — via Currents

Wage & Hour

• Chipotle Asks Court to Hold Employees in Contempt — via CUE, Inc.
• Does an Exempt Employee Need Permission to Leave the Office? — via Evil HR Lady, Suzanne Lucas
• Does Paying Time and a Half For Certain Work Count Toward Overtime? [Wage & Hour FAQ] — via Wage & Hour Insights
• If an Employee Attends a Beyonce Concert While on FMLA Leave, Can She Be Terminated? — via Jeff Nowak’s FMLA Insights

Labor

• HR In a Union Shop: Here’s What Your Supervisors Need to Know — via TLNT
• Are you taping me? Audio and video recording in the workplace — via Technology for HR

OSHA & Safety

• Drug testing and OSHA retaliation – can employers test or not? — via Employee Benefits News
• Workers’ Compensation Coverage Of Off-Duty Injuries — via Employment Essentials

The more things change … the NLRB and Weingarten rights for non-union employees

Today, a joke.

“How is the National Labor Relations Board like the weather?”

“I don’t know, Jon, how?”

“If you don’t like either, just wait and they’ll change.”

[groan]

Not my best material, I know. But, it does illustrate an important point, driven home by an Advice Memo [pdf] just released by the NLRB Office of General Counsel on the issue of Weingarten rights for non-union employees.

The 18th nominee for the “worst employer of 2017” is … the pumping preventer

The 11th Circuit Court of Appeals has upheld a six-figure verdict in favor of a Stephanie Hicks, a former narcotics task force investigator for the Tuscaloosa, Alabama, police department. She sued, and won, after her former employer refused to permit her to pump her breast milk after returning from maternity leave.

A refresher on pre-employment medical examinations

Do you require medical exams of applicants before they start working for you? If so, do you know the rules that the ADA requires you follow?

Last month, the EEOC settled a lawsuit it brought against a Florida staffing firm for alleged unlawful pre-employment medical exams under the ADA, which serves as a good reminder for employers of these rules.

Where is the line between lawful (but awful) bullying and unlawful harassment?

Consider the following allegations of sexual harassment levied by Pamela Daniels, a secretary in the Pike County Prosecutor’s Office, against her boss, County Prosecutor Charles Robert Junk.

And then let’s answer the age-old question—lawful (but awful) bullying or unlawful harassment?

WIRTW #475 (the “girls rock” edition)

I’m not sure why, but when I pictured having a daughter I always imagined that she’d be into and frilly things, Barbies, and ballet. I guess it’s because it’s “what girls do”? This is so not Norah. She is a rock ‘n’ roll chick. She loves punk music, flannel shirts, the color black, and her telecaster. And I could not be more proud of her.

And she’s also a girl, playing in what has predominantly been a male dominated space. She’s even newly fronting a band of four guys (stay tuned, more on this exciting news in the coming weeks).

Thankfully, she’s always had really strong female role models at School of Rock (thank you Quinn, Erin, Kayleigh, Maddie, and Taylor). I’m also always on the lookout for new female-led bands for her to check out. That’s how we discovered Diet Cig, for example, and I recently discovered The Regrettes (fronted by a 16-year-old, another band worthy of your attention).

For these reasons, a story the New York Times ran last week caught my eye. Rock’s Not Dead, It’s Ruled by Women is a roundtable discussion with 8 women rockers, including Alex Luciano from the aforementioned Diet Cig, Shawna Potter of War on Women (one of Norah’s recent discoveries, thanks to her SoR Punk show), and Sadie Dupuis of Speedy Ortiz. They discuss their role as women working in a male dominated industry, their responsibility as role models, and how gender-based stereotypes still dominate and resonate.

It’s a great read.

As for my 11-year-old rocker (and her 9-year-old brother), they have shows coming up in the next two weeks:

• Sept. 17, Donovan does The Beatles at 3 pm, and Norah does punk at 5 pm.
• Sept. 23, Donovan re-does The Beatles at 1 pm, and Norah the punk thing at 3 pm.

All shows are at Slim & Chubby’s, 12492 Prospect Rd., Strongsville.

Here’s what else I read this week:

Baring it all on social media and hiring

I’ve never written about the time I stripped naked in front of my entire law school … until now.

Well, here we go.

Dads are parents, too — baby bonding and sex discrimination

Should new dad’s receive the same amount of time off from work to bond with their newly born child as do women? That is the question at the center of a lawsuit the EEOC recently filed against cosmetics giant Estée Lauder.

Is the DOL’s white-collar salary test DOA?

Late last week, a federal judge in Texas struck down the Department of Labor’s attempt to raise the salary test for the Fair Labor Standards Act’s white-collar exemptions from $455 per week to $913 per week.

The court held that because the statute defines the administrative, executive, and professional exemptions based on their duties, any salary test that renders the duties irrelevant to the analysis is invalid. Thus, because the Obama-era $913 salary test could overshadow the exemption’s duties in the execution of the exemptions, the new salary level is invalid.

I founds footnotes 5 and 6 to be very interesting, but I’m not sure the position they advance are intellectually consistent with the bulk of the opinion.

Compare:

This opinion is not making any assessments regarding the general lawfulness of the salary-level test or the Department’s authority to implement such a test. Instead, the Court is evaluating only the salary-level test as amended by the Department’s Final Rule. ... During questioning at the preliminary injunction hearing, the Court suggested it would be permissible if the Department adjusted the 2004 salary level for inflation. [fns. 5 and 6]

-vs-

The Final Rule more than doubles the previous minimum salary level. By raising the salary level in this manner, the Department effectively eliminates a consideration of whether an employee performs “bona fide executive, administrative, or professional capacity” duties. ... Nothing in Section 213(a)(1) allows the Department to make salary rather than an employee’s duties determinative of whether a “bona fide executive, administrative, or professional capacity” employee should be exempt from overtime pay. [opinion]

To me, the only way to read the opinion is that any salary test exceeds the DOL’s authority to implement the EAP exemptions (fns. 5 and 6 notwithstanding). Alternatively, if the only salary test that will pass muster is one that is so low that anyone who meets the duties test also must, de facto, meet the minimum salary threshold (the status quo of $455, adjusted for inflation to $592), why have a salary test at all?

Thus, in the opinion of this blogger, the DOL’s salary test is DOA. Now, let’s wait for the appeal and see what the court of appeals has to say on this issue.

WIRTW #474 (the “I’m from” edition)

My 11 year old daughter is a unique soul. She’s always been older and wiser than her years suggest, but I don’t think I’ve ever appreciated exactly how much older or wiser until I read her “I’m from” poem.

She just entered 6th grade, and this poem was her first ever middle-school assignment. This year's language arts curriculum is focused around the idea of identity. Her assignment was to craft a poem defining her own personal identity—where she’s from.

The result floored me. I cried real tears. Not just out of joy that my 11-year-old could produce something of such beauty, but that this beauty reflects a deep understanding of who she is.

So perfectly Norah.

Here’s what else I read this week.

BREAKING: federal judge strikes down FLSA white-collar exemption salary test

Ding, dong, the DOL’s salary test for white collar exemptions is dead (sort of).

A Texas federal judge has held that the Department of Labor improperly used a salary-level test to determine which white-collar workers are exempt from overtime compensation.

That time Justin Bieber’s “L’il Biebers” caused a sex discrimination lawsuit

File this one under the category of I can’t make this stuff up. Apparently, Justin Bieber’s testicles are at the center of a recently filed sex discrimination lawsuit.

The 17th nominee for the “worst employer of 2017” is … the square non-sparer

A female public relations exec is suing her former employer for sex discrimination. Her claim—that her male bosses limited her access to toilet paper the bathroom because, as a female, she used more than her male counterparts, and was fired after she complained about the discrimination.

An attendance love story

14 years ago today, my wife and I married.

The ceremony started at 11 am, and by 10:55 I was nervous. Not your normal, “I’m about to get married,” nervous, but the, “What the hell, we start in 5 minutes and my bride-to-be isn’t here yet” nervous. It was 2003, before the prevalence of iPhones. Without a cell phone on me, I just had to take it on faith that Colleen was on her way. Nevertheless, I was most definitely jittery.

Letter to employees during EEOC investigation may violate discrimination laws

Suppose an employee files an EEOC charge of discrimination against you. And, further suppose that during the investigation, you receive a request from the agency for the name and contact information for all similarly situated employees. You correctly assume at the EEOC may use the information to contact your employees for investigatory interviews.

Do you—

1. Allow the EEOC process to proceed; or
2. Inform your employees of the nature of the charge, the EEOC investigation, that the EEOC may contact them, and that their participation would be 100 percent voluntary?

If you choose option “2”, you may have violated federal discrimination laws, at least according to a Connecticut federal judge.

WIRTW #473 (the “sweet children” edition)

Last week I offered by eight-word meaning of life: Be kind to others and do good things.

Today, I further offer “Corollary One” to said meaning of life: And do all you do with joy.

Earlier this week, I took my family to see Green Day (easily the best arena concert I’ve ever attended). Yet, as good as Green Day was (and they really were that good), my personal highlight was looking right to bear witness to how much pure fun Norah was having. This is what pure joy looks like.

I had a great time seeing @greenday, but not as great as this girl.

A post shared by Jon Hyman (@jonhyman) on Aug 21, 2017 at 8:55pm PDT

Here’s what I read this week:

The 16th nominee for the “worst employer of 2017” is … the rapid retaliator

The EEOC has sued an Atlanta cemetery company for firing an employee the day after the agency interviewed her as part of an on-going investigation.

NLRB offers rare win for employer confidentiality policy

It’s been a rough few years for workplace policies at the NLRB. From communication policies, to social media policies, to conduct policies, to confidentiality policies, the NLRB has, time and again, struck down facially neutral, garden variety employer policies as overly restrictive of employees’ section 7 rights to engage in protected concerted activity under the National Labor Relations Act.

Employer wins on this issue have been few and far between. As a result, when we get a win, it’s reason to celebrate. Well, employers, pop those champagne corks, because earlier this week, in Macy’s, Inc. [pdf], we received just such a win.