February 9, 2016

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

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We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business indicator, suggesting that employee health could become a “standard part of financial reporting.” The post highlighted a non-profit alliance of U.S. companies, called the Health Transformation Alliance that hopes to control health care costs by “pooling aggregated data” including individual health metrics to deliver “better health care while reducing costs.”

Discrimination

A former Yahoo employee sued the Internet giant claiming the use of performance ratings in layoffs resulted in gender discrimination.
A jury found that a restaurant violated the Civil Rights Act of 1866 after terminating an African American bartender because she did not fit the restaurant’s vision of a “white establishment.”
The Washington Post’s Wonkblog offered a parody app that splits restaurant tabs and provides “reparations one meal at a time.”
Robin Shea reminded employers that reverse discrimination is against the law too.

Technology

HR.com reported that almost 80 percent of HR technology is more than eight years old and recommended that the next round of investments include machine learning.
Dr. Michael M. Moon asked if an organization’s HR analytics strategy is too short-sighted.
Fast Company warned that technology is coming for office jobs.
Inc. covered the top 100 companies that effectively use technology to allow employees to telecommute.

In other developments:

The Michigan Employment Law Advisor explained that probationary periods are unnecessary and potentially harmful.
Daniel Schwartz opined on the risk of classifying a worker as an independent contractor.
Tim Sackett asked if an organization should terminate a top performer after he punched another employee, the conundrum faced by the LA Clippers.
An International Brotherhood of Electrical Workers filed a petition to unionize 600 Uber drivers.
A Minnesota jury awarded a former General Counsel $600,000 in a defamation suit. The attorney alleged he was defamed by his former employer’s implication that he lost his job as a result of an enforcement action by a securities regulator.

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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: February 2016 #2

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