Monday, March 23, 2015

That is SO last week

On Wednesday of last week, the General Counsel of the National Labor Relations Board published guidance on what the Board considers lawful and unlawful handbook policies.  The must-read 30-page memo outlines specific policies it has found unlawful, including “If something is not public information, you must not share it” and “Be respectful to the company, other employees, customers, partners, and competitors.”  The memo then provides policies that the General Counsel would consider lawful, including “No unauthorized disclosure of business secrets or other confidential information” and “No rudeness or unprofessional behavior toward a customer, or anyone in contact with the company.” Given the Board’s declaration that some of T-Mobile’s handbook policies were overbroad, this guidance is timely and necessary.
 
Discrimination
  • The EEOC announced it has started the rule making process for a new rule on wellness programs and the interplay of Americans with Disabilities Act and the Affordable Care Act.
  • Like Facebook, Twitter was served with a complaint alleging gender discrimination.
  • Although the campaign ended on Sunday, Robin Shea highlighted some concerns over Starbucks’ #RaceTogether campaign through a fictional diary.
  • The Ellen Pao gender discrimination trial continued with questions to the Kleiner Perkin’s recruiter about the missing administrative assistants.
  • During a SXSW panel on innovation, an attendee, Judith Williams, asked Google’s chairman why he kept interrupting Megan Smith, the U.S. Chief Technology Officer.  Ms. Williams, the Global Talent Programs Manager at Google, suggested it was Mr. Schmidt’s unconscious bias against women.
Technology
  • HRMS World asked if it was possible to have an HR system on a mobile device and have data security.
  • While Microsoft was announcing it will no longer support Internet Explorer, The Atlantic demonstrated that those who use Chrome or Firefox are better employees.
  • SHRM covered a recent XpertHR survey that found 67% of respondents are discussing data privacy in their handbooks.
  • The San Francisco Zoo is under fire from the Teamsters for the use of its radio system to “eavesdrop” on employees.
In other developments
  • While Wage & Hour Insights was not-so-patiently waiting on new FLSA regulations, Secretary Perez announced he hopes the new regulations will be published this spring.
  • Daniel Schwartz discussed the legal ramifications of your office’s kitchen.
  • InsideCounsel raised some legal issues surrounding telecommuting.
Posted by: Kate Bischoff 
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