Scary and Frightening: The #ELBC Carnival for October

by Michael Haberman on October 21, 2015 · 2 comments


Sometimes errors are made and you misread things. Actually you read things too fast and come to the wrong conclusion. Well that happened to me. I concluded that the #ELBC Employment Law Blog Carnival was to be published much earlier than it was supposed to be. I published it on the date that was the deadline for submissions rather than publishing it on the 21st. As a result I left a couple of people out. So I have revised the original post and added two submissions. You can find them below in the OOPS I missed these section. For those of you that did not read any of these before you get your chance now. ELBC HalloweenI had no particular theme for this carnival for October, the month of Halloween. Employment law is a scary enough theme.

OOPS I missed these

One very scary topic was submitted by Robin Shea of the Employment & Labor Insider. She talks about married partners giving each other annual performance reviews in Performance reviews for marriages: what could go wrong? What a nightmare. I have been married for a long time, I am not sure I would have been if I had gotten reviewed every year.

Robert Fitzpatrick, from Fitzpatrick on Employment Law talks about Non-competition “In any capacity”: Broad scope can sink your non-compete. Non-competes can be really scary stuff to put together and a real nightmare if you do it poorly. As Robert points out courts are not thrilled with “over-broad” agreements. So heed his advice.

Scary stuff

This carnival starts off with Daniel A. Schwartz  talking about HR and confidentiality. HR often gets blasted for its lack of confidentiality, but Daniel shows HR can’t always be secretive in Can You Keep a Secret in Human Resources?

Employees that go to work for competitors can prove to be a nightmarish situation. Stuart Rudner gives us a Canadian twist on this situation in Breach of settlement? What happens when employer discovers that former employee is working for a competitor? He shows that parties should agree on everything ahead of time.

Janette Levey Frisch, the EmpLAWyerologist, offers a more positive take on employees competing against their former employers. In her post Your Ex-Employee Chose Not to Compete with You. How Did That Happen?? she offers a creative way to avoid disputes with ex-employees. A nice treat for October!

Doug Haas broaches a subject very frightening to employers, or at least it should be, with two posts on the Fair Labor Standards Act. In his first post Doug tackles commute time in FLSA FAQ: Commuting in an Employer-Provided Vehicle. This is becoming a bigger issue in larger cities. In his second post he talks about a common problem that many employers make. In Rounding Time Entries: The High Stakes FLSA Poker Game, he tells about how a treat for many could become an actual trick for the employer.

As a kid did you ever knock on a door on Halloween and no one answered. You felt shunned and disappointed. Well today shutting people out can be done on social media. Unfriending someone from social media is seen by some as an act of retaliation and they are happy to sue you over it. Is this legal? Jon Hyman answers that question for us in Is digital “shunning” illegal retaliation?

Speaking of the digital world the arena of cyber security can be a scary realm. The group of our employees who were, not all that long ago, dressed in costumes and trick-or-treating, Millennials, pose a scary challenge in cyber security. Norma Bruton, at Blogging4Jobs, tells us how to take some of the fright out in Recruit Millennials Without Raising Cyber Security Risk.

Really scary stuff

People dressed as zombies and walking around with a shuffling gate and slurred speech is fun at Halloween. It is not so fun when it actually due to a stroke suffered by an employee. Communicating may become difficult. Yvonne LaRose provides us with some insight Providing Accommodation that may be helpful to many companies.

Companies do make mistakes with people with disabilities that ultimately becomes a scary situation. In my post One big mistake to avoid with disabled employees you will see how three companies lost out in the trick-or-treat game.

Speaking of disability, around Halloween you end up with a lot of adult revelers who may end up being haunted by the specter of alcoholism. How are they to be treated? Phillips Miles gives us some guidance with a story pulled right from the headlines in  Alcoholism and the ADA.

Our final post is a very scary situation that no employer ever wants to face. Unfortunately far too many have. Michael McClory tells us what employers should do when faced with the nightmare of gun violence in What Can Employers Do About Gun Violence In The Workplace.

Sexy costume

Lastly, at a lot of Halloween parties someone wears a sexy costume. If it is an office party that may lead to sexual harassment and that is what Eric B. Meyer tells us about in Something wrong with a little bump n’ grind. Sexual harassment, perhaps. If you are planning to be sexy don’t do it at work.


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