Wednesday, August 29, 2018

I ❤️ my wife, and I ❤️ attendance policies


On August 29, 2003, I married my wife.

The ceremony was to start 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. With no cell phone on me, I just had to have faith that Colleen was on her way. Nevertheless, I was most definitely jittery.

Tuesday, August 28, 2018

Temporary employees have permanent legal rights


Temporary employees do not leave their legal rights at your door. In fact, they enjoy the same rights as your permanent employees.

Consider, for example, EEOC v. Massimo Zanetti Beverage USA, in which an employer recently agreed to pay $65,000 to settle claims brought by a temporary employee that she was subjected to a sexually hostile work environment and fired after repeatedly complaining about it.

The allegations are not pretty.

LaToya Young began working as a temp at Massimo Zanetti in late January 2015. Within 10 days of starting her placement, a male co-worker began making sexually harassing comments to her:

  • Telling Young that he had "blue balls" and asking her "Why don’t you help me out with that?"
  • Telling Young that he wanted to "suck [her] bottom lip."
  • Telling Young that he wanted to have sex with her, often using lewd language.
  • Telling Young that he imagined himself engaging in sexual relations with her.
  • Telling Young that he would "ball [her] up like a pretzel" and would "have [her] screaming."
  • Grabbing his groin area while looking directly at her.
  • Blowing kisses at her.
  • Licking his lips and biting his bottom lip while looking at her.

Young complained three times to her supervisor. The harassment continued unabated after the first complaint. After the second complaint, Young alleges that her supervisor warned her that going to HR "would jeopardize her employment." After the third complaint, she was fired. 

According to EEOC Regional Attorney Kara Haden, "Employers must take appropriate action to stop harassment of all employees, including temporary workers." She adds, "We hope that this case sends a clear message that the EEOC will hold accountable employers who fail to protect all employees from workplace harassment."

Take heed of this lesson. Your temporary employees have the same civil rights as your permanent employees.


* Photo by Sunyu on Unsplash

Monday, August 27, 2018

7 tips on how to handle cyber-sabotage and other insider cyber threats


Your employees are your company's weakest link, and therefore, your greatest threat to suffering a cyber-attack and resulting data breach. While employee negligence (that is, employees not knowing or understanding how their actions risk your company's data security) remains the biggest cyber risk, another is growing and also demands your attention—the malicious insider.

According to one recent report, malicious insiders are responsible for 27 percent of  all cybercrime. Over at her Employment & Labor Insider Blog, Robin Shea suggests that one recent workplace embarrassment for an employer was the result of internal cyber-vandalism, and not external hacking.

Dark Reading reports on a recent survey, entitled, "Monetizing the Insider: The Growing Symbiosis of Insiders and the Dark Web."

"Recruitment of insiders is increasing, and the use of the dark web is the current methodology that malicious actors are using to find insiders," explains researcher Tim Condello, technical account manager and security researcher at RedOwl.
Cybercriminals recruit with the goal of finding insiders to steal data, make illegal trades, or otherwise generate profit. Advanced threat actors look for insiders to place malware within a business' perimeter security. …
There are three types of people who fall into the "insider" category, says Condello: negligent employees who don't practice good cyber hygiene, disgruntled employees with ill will, and malicious employees who join organizations with the intent to defraud them. 

What is a company to do? I've previously discussed how to protect against the negligent employees who don't practice good cyber hygiene—training, training, and more cyber-training.

No amount of training, however, will stop a disgruntled employee with ill intent, or a malicious employee who joins to do harm.

These latter two categories need more specialized attention—an insider threat program. The Wall Street Journal explains:

Companies are increasingly building out cyber programs to protect themselves from their own employees.… Businesses … are taking advantage of systems … to find internal users who are accidentally exposing their company to hackers or malicious insiders attacking the company. These "systems," however, can prove costly, especially for the small-business owner. While investment in a technological solution is one way to tackle this serious problem, it's not the only way. Indeed, there is lots any company, of any size, with any amount of resources, can do to develop an insider threat program.

Aside from the expense of costly monitoring programs, what types of issues should employers include in an insider threat program? Here are seven suggestions:

  1. Heightened monitoring of high-risk employees, such as those who previously violated IT policies, those who seek access to non-job-related business information, and those who are, or are likely to be, disgruntled (i.e., employees who express job dissatisfaction, who are on a performance improvement plan, or who are pending termination).

  2. Deterrence controls, such as data loss prevention, data encryption, access management, endpoint security, mobile security, and cloud security.

  3. Detection controls, such as intrusion detection and prevention, log management, security information and event management, and predictive analytics.

  4. Inventories and audits for computers, mobile devices, and removable media (i.e., USB and external hard drives), both during employment and post-employment. 

  5. Policies and programs that promote the resolution of employee grievances and protect whistleblowers.

  6. Pre-employment background checks to help screen out potential problem employees before they become problems. 

  7. Termination processes that removes access as early as possible for a terminated employee.

No company can make itself bulletproof from a cyber-attack. Indeed, for all businesses, data breaches are a when issue, not an if issue. However, ignoring the serious threat insiders pose to your company's cyber security will only serve to accelerate the when.

Friday, August 24, 2018

WIRTW #520 (the “cucaracha” edition)


Welcome to fun-fact Friday.

The Mexican folk song La Cucaracha has a long and fascinating history. It was popularized during the Mexican Revolution when each army would write verses as battle songs. Amazingly, one such verse, which has become the most popular version of the song, references marijuana:

The cockroach, the cockroach,
can't walk anymore
because it doesn't have,
because it's lacking
marijuana to smoke.

Maybe this explains why Speedy Gonzales was so speedy.


Here's what I read this week:

Thursday, August 23, 2018

Dirty Harry, the worst recruiter ever


After yesterday's detective novel of a post, I thought I'd go with something light and airy today (if you consider watching Dirty Harry conduct a job interview of a female interviewee, while sharing his views on feminism and job quotas, light and airy).


My worst job interview? The interviewer forgot my appointment, and never showed up to work. It all worked out in the end. I came back a week later, and that's how I got my first job after law school.

What's you job interview horror story? Share in the comments below, and I'll pull the best (or the worst?) for a future post.

Wednesday, August 22, 2018

A cautionary tale about an attempted fraud (updated, 11:25 am)


I was recently the target of a highly sophisticated legal-services fraud. Thankfully, this scam set off my Spidey sense from the beginning, and I did not fall for it. I'm sharing so that others can learn the lengths that some will go to steal from professionals. (My apologies in advance. This post is long, but I think it's worth your time.)

Tuesday, August 21, 2018

An expensive lesson on disability harassment



With of all of the attention the #MeToo Movement has provided sexual harassment, employers must not forget that all forms of unlawful workplace discrimination include unlawful harassment.

This includes disability harassment.

For example, consider Caldera v. Department of Corrections & Rehabilitation (Cal. Ct. App. 7/9/18).

Monday, August 20, 2018

EEOC sues on behalf of harassed Catholic employee


Religion a funny thing. Throughout the history of mankind it's fueled so much hate, war, and death. And yet, it brings so much peace, comfort, and love to so many people.

My philosophy is live and let live. You believe what you want, and I'll believe what I want. Your religion is none of my business, just as mine is none of yours.

The world we be a better place is everyone lived this message. But not everyone does.

Friday, August 17, 2018

WIRTW #519 (the “R-I-P-R-E-S-P-E-C-T” edition)




While I've always loved Aretha's music, and her voice, and her soul, I never appreciated until watching yesterday's tributes how key of a role she played in the civil rights movement.

Rest in peace Queen of Soul. Your message and your spirit will be missed as much as your voice.

Here's what I read this week:

Thursday, August 16, 2018

Can you lawfully fire an employee who writes "whore board" to protest a new overtime rule?



In Constellium Rolled Products Ravenswood, LLC, the NLRB held that an employer unlawfully fired an employee who wrote "whore board" on an overtime sign-up sheet.

How is this unlawful? Let's explore.

Wednesday, August 15, 2018

Are "digital addiction" claims about to invade your workplace?


There is no doubt that addiction is a protected disability under the ADA (and Ohio's parallel law).

Typically, we think of addiction as relating to drugs or alcohol. But, there's a new wave of addictions on the horizon—digital addictions.

Tuesday, August 14, 2018

Ohio's new cybersecurity safe harbor for businesses means the time for cybersecurity compliance is NOW


Do you know that the average total cost of a data breach to a business is $3.86 million?

This is a 6.4% increase over the past year.

For companies doing business in Ohio, some relief is on the way.

Monday, August 13, 2018

Protecting your business from an "Omarosa": workplace recordings and the law



Omarosa Manigault-Newman, formerly a contestant on Donald Trump's The Apprentice and also formerly an employee in President Trump's White House, secretly recorded Chief of Staff John Kelly firing her.

In 38 states plus the District of Columbia, this surreptitious recording would be perfectly legal.

Friday, August 10, 2018

WIRTW #518 (the “no-stress zone” edition)


What de-stresses you? Where do you go, or what do you do, that makes all the stress in your life melt away?


My wife and I recently spent a few days in Sedona, Arizona. We hiked, we jeep-toured, and we drank wine.

It was the most stress-free we've felt in years.

Thursday, August 9, 2018

No one should be told to "suck it up" after requesting FMLA leave


If this was August 2017, I would be touting today's post as a strong contender for the "Worst Employer of the Year." It says a lot, however, about the quality (moral suckitude?) of this year's nominees that today's post can't even scratch 2018's list of nominees.

Wednesday, August 8, 2018

Juicing the reasonable accommodation low-hanging fruit



Would you rather spend seven figures to lose a lawsuit, or $1.69 to allow a diabetic employee to drink a bottle of orange juice?

The answer should be pretty clear.

Or maybe not?

Tuesday, August 7, 2018

Despite what one court held, workplace discrimination laws DO protect employees from non-employees



Pop quiz: Can an employer ignore harassment or other discriminatory behavior directed at employees by non-employees?

If your answer is "yes," you'd be in agreement with the court in Shaw v. Access Ohio (Ohio Ct. App. 7/27/18).

You'd also be dead wrong.

Monday, August 6, 2018

On religious liberty vs. workplace discrimination laws


Last week, Attorney General Jeff Sessions announced the creation of a "Religious Liberty Task Force" It will enforce a 2017 DOJ memo that ordered federal agencies to take the broadest possible interpretation of "religious liberty" when enforcing federal laws, including Title VII and other anti-discrimination laws.

According to Mr. Sessions, the task force as a necessary to "confront and defeat" secularism, "a dangerous movement, undetected by many, is now challenging and eroding our great tradition of religious freedom."

Friday, August 3, 2018

WIRTW #517 (the “interrupter” edition)


Every now and again I like to bring y'all some new music to discover for your Friday. It might not be new, and it might not be new to me, but it might be new to you. And I hope it's something you appreciate and will enjoy.

Today, I bring you The Interrupters.

They might be on the forefront of a ska, pop-punk revival. Comprised of three brothers, Kevin, Jesse, and Justin Bivona, and lead singer Aimee Interrupter, they have a bona fide hit on their hands, "She’s Kerosene," the lead single off their 2018 release, Fight the Good Fight. It's the first ska song to gain any radio play since No Doubt, and currently sits at number 28 on Billboard's Alternative Songs Chart (and climbing). And it's damn catchy.

Here they are performing their hit on Jimmy Kimmel Live last week:


Not only are their songs catchy, but the messages are positive, and the music is just plain fun. And god knows we need more positivity and fun these days.

To top it all off, they are nice people, fan friendly, and deserve all of the success they are achieving.


So head over to your streaming service of choice and check out The Interrupters. I don't think you'll be disappointed. Or, better yet, go to wearetheinterrupters.com, buy some vinyl, and support some really good people making really good music.

Here's what I read this week:

Thursday, August 2, 2018

The 14th nominee for the “worst employer of 2018” is … the HR pimp


The Federal Emergency Management Agency (FEMA) — the federal agency charged with responding to natural disasters — appears to have a disaster of its own to respond to.

It appears that its former HR chief offered creative "bonuses" to his male employees — he's accused of hiring women to be possible sexual partners to men working for the agency.