August 30, 2022
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Employee Monitoring Isn’t Just for the Factory Floor Any More

               

When Frederick Taylor first began testing his “scientific management” theories as a foreman at Midvale Steel Company in the late nineteenth century, his focus was on factory floor productivity, trying to determine how to improve the efficiency of industrial workers. Since then such productivity monitoring has filtered into low-wage service work, such as fast-food prep or warehouse sorting and now to more white collar work where employees are monitored by software that logs keystrokes, active screen time, and even whether or not a worker is in front of their laptop.

This is the story the New York Times recently took up with a large-scale survey of hundreds of workers across the country to understand their experiences with workplace monitoring, especially in white collar jobs which are increasingly going remote. What has long been known by factory workers and low-wage workers like Amazon packers the world over is now entering the work lives of the college educated “thought” workers.

The Times article profiles numerous employees, managers and software engineers behind workplace monitoring software and discovered people who were docked pay for not being at their desk or typing enough, a bereavement chaplain who had to earn performance points by attending funerals or making phone calls to grieving family members, and a many who felt they were not being compensated for work that didn’t take place on a computer where they were monitored.

As more people desire to continue remote work, these kinds of frictions are set to increase and, combined with companies desperate to get employees back in the office, these problems are likely to mount in the coming months and years.

In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
Sexual Harassment
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

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