March 22, 2016

Employment Law Navigator – Week in Review: March 2016 #2

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Last week at the SHRM Legislative Conference, EEOC Chair Jenny Yang both praised and cautioned employers in talking about HR technology. In particular, Chair Yang said that some technology can reduce bias in the workplace, while other forms could lead to unlawful discrimination. She stated that the EEOC’s goal “…is to ensure that employment practices are designed to use data in a thoughtful way, to promote equal opportunity, and not exclude individuals for reasons that are not job-related and may be based on protected characteristics.”

Discrimination

A male assistant manager failed to present an actionable sexual harassment claim when he failed to report the alleged misconduct to HR.
The Guardian covered a recent Microsoft study that showed the impact of mothers in the workplace.
The EEOC held a public hearing on the new EEO-1 form that will collect pay data.

Technology

Harvard Business Review asked how many jobs could be automated.
The National Labor Relations Board held that Chipotle’s demand that an employee delete negative comments from his Twitter feed was an unfair labor practice.
Business Insider used a cool chart to explain why cybersecurity is so important.
Meghan M. Biro explained what HR technology can learn from the popular game Minecraft.
Forbes India gave some alternatives to the annual performance review, such as the use of employee monitoring tools and big data.
The Pew Research Center published public predictions of the future of workplace automation.

In other developments:

Cereal maker Kellogg, launched a probe after video surfaced of a plant employee urinating on the assembly line.
The Department of Labor sent its FLSA overtime rules to the Office of Management and Budget, signaling that its new rules could be in place by the end of the summer.
Robin Shea explained what employers can expect if Judge Merrick Garland becomes a Supreme Court Justice.
The Second Circuit Court of Appeals held that an HR Director could be held personally liable under the FMLA.
Fast Company opined on what the upcoming Department of Labor survey of freelance workers will mean.
In the case about McDonald’s franchise business model, top executives testified about corporate’s role in day-to-day operations.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Employment Law Navigator – Week in Review: March 2016 #2

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