Why You Should Not Check to See if Employees are on Ashley Madison

Topics: Employment Law, Heather Bussing, HRExaminer, Privacy, by Heather Bussing
“I’m not sure how we became such a tabloid society, especially about other people’s sex lives. But we still have the power to opt out.” – Heather Bussing
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Why the Government Wants Companies to Have Employees

Topics: Employment Law, Heather Bussing, HRExaminer, by Heather Bussing
The dispute about whether someone is an employee or an independent contractor is not about employee protections. It’s about payroll taxes.
 

5 Links: Unconscious Bias

This week, we talked about conscious bias in Discrimination v. Reality. Here are five links that talk about unconscious bias in hiring, leadership, algorithms, and culture.
 

Discrimination v. Reality

Creating an inclusive, diverse, and successful work place is not about getting every decision perfect. It’s about fairness, openness, and care.
 

Stop Using Noncompete Agreements

Topics: Employment Law, Heather Bussing, HRExaminer, Leadership, Policies, by Heather Bussing
Employers like to make people sign noncompete agreements because they think they are protecting trade secrets. But it’s rare that any of those things are truly secret. Here are five ways noncompete agreements can backfire against employers.
 

Religious Expression and Discrimination

Legal Editor Heather Bussing looks at an LGBT case at Ford where they fired an employee for violating their sexual orientation policy while the employee claims religious discrimination for being fired.
 

Work and Depression

Depression accounts for an estimated $83 billion per year in lost productivity. Legal Editor Heather Bussing explains the legal aspects of managing depressed employees.
 

Religion v. Law

Marriage is one of those places where law and religion cross, and both have strong interests.
 

Do Your Apps Violate Employee Privacy?

Topics: Data, Employment Law, Heather Bussing, HRExaminer, Privacy, by Heather Bussing
If a company is requiring employees to install an app on their personal phones, then the employer should not be entitled to any information about the employee’s off-duty conduct.
 

People Are Not Trade Secrets

People are not trade secrets. And in California, at least, trying to stop someone from taking a new job can be really expensive.