Monday, August 31, 2015

That is SO last week

That infamous Ashley Madison data became searchable last week.  Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site.  This development caused some to wonder if an employer should check.  Heather Bussing, Jonathan Segal, and two other employment attorneys we know well all recommended that employers not look.  On the other hand, the military has looked at the site in the past, and has the potential to court-martial service members who used the site to commit violations of military regulations.
Meanwhile, one anonymous user has filed suit in Los Angeles last week, and two other suits are already active in Canada.  
Discrimination
  • Target Corporation will pay $2.8 million to applicants who took pre-employment psychological testing that the EEOC believes unlawfully screened out minority and female candidates.
  • The EEOC filed suit against an equipment rental company for age discrimination when the company’s owner allegedly stated he wanted “younger and peppier” employees.
  • A Steak ‘n Shake employee sued the restaurant for race and disability discrimination last week after allegedly suffering from verbal abuse.
  • Eric B. Meyer gave 112,500 reasons not to force an employee to stay home until 100% healed.
Technology
  • Josh Bersin covered the new killer app for HR that delivers employee feedback.
  • Apple and Boeing will team up with the U.S. Department of Defense on a new wearable initiative to monitor users’ vital signs.
  • The D.C. Court of Appeals ruled that the Federal Trade Commission may prosecute companies that have sloppy cybersecurity.
  • Meghan Biro looked to revamp the status quo by looking at four trends in HR technology.
Wage and Hour
  • The Eighth Circuit Court of Appeals overturned a $24 million damage award in a donning and doffing case.
  • Inside Counsel discussed how the new proposed FLSA regulations are a concern for management while Casey Sipe provided some first steps in handling them.
  • Corporate Counsel asked if employers are feeling lucky with unpaid interns.
In other (really important) developments
Franchisors around the country cringed when news of the NLRB decision in Browning-Ferris was announced, strongly suggesting that the franchisor-franchisee relationship might be a joint employer relationship.
Posted by Kate Bischoff