WIRTW #716: the ‘new kid' edition

On June 5, 2014, Rhett Miller, founder, front person, and lead singer of Old 97's, promised my daughter (then a mere 9 days past her 8th birthday) that once she was playing her own paid gigs, he'd have her open for him. That conversation took place in the green room of the Beachland Ballroom, and the adjacent photo was taken just after that conversation.

A decade later, Norah is an established, working musician, and Rhett is making good on his promise. He's coming back to town to play a solo gig at the Music Box Supper Club. To make a long story short, when the club announced the gig, Norah reached out to Rhett to ask about opening for him; on May 19 she'll be doing just that.

To hear the longer version of this story, tune in to the most recent episode of The Norah and Dad Show, available on Apple Podcasts, Spotify, Amazon Music, Overcast, the web, and everywhere else you get your podcasts. 

As for me, I'll be front and center at Music Box on May 19, singing along to Norah's and Rhett's songs. It's gonna be a great night! If you're interested in joining us the Music Box still has some tickets available here. (You'll find a running list of all of Norah's gigs here; click "Follow" for notifications of new gigs as they're announced.)

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Here's what I read this week that should read, too.

DOL cautions employers on the use of AI

"When used responsibly, AI has the potential to help improve compliance with the law. Without proper human supervision, however, these technologies can pose potential risks to workers … and may result in violations of the law…." 

Those are the words of the Department of Labor in its just published Field Assistance Bulletin, Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other Federal Labor Standards.

The DOL highlights many potential legal pitfalls for employers that rely on AI to manage how their employees are paid and to track their attendance and leaves of absence.

Does a prank involving adult diapers and a wheelchair = age discrimination? It depends.

An attorney celebrates a paralegal's 50th birthday by decorating her office party with a wheelchair, fake pill bottles, and adult diapers. (Get it? She's "old.")

The paralegal does not appreciate the joke, and lets the lawyer know as much. In response, the lawyer simply moves the decorations adjacent to the paralegal's workstation. Around the same time, the lawyer also starts asking when the paralegal intends to retire.

Sexual harassment, bathroom, and pronouns

"Sex-based harassment includes harassment based on sexual orientation or gender identity, including … repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity … or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity."

That the official position of the EEOC in its just released, Enforcement Guidance on Harassment in the Workplace.

EEOC Commissioner Andrea Lucas disagrees. She voted against the final guidance. She believes that the bathroom guidance is an "assault on women's sex-based privacy and safety," and the pronoun guidance is an assault on "speech and belief rights."

WIRTW #715: the ‘over the top' edition

Another successful Craft Brewers Conference is in the books. 

I spent a few great days speaking (on how to craft a harassment-free craft brewery); seeing old friends and making new ones (I love my craft beer tribe); networking with brewers and other industry professionals (at the Start A Brewery lounge my firm co-sponsored and at nighttime events at breweries around town); eating (the fried chicken at Yardbird in the Venetian is better than advertised, and they advertise it as the best in the country); and, yes, drinking (mostly within moderation; CBC is a marathon, not a sprint).

I also spent an evening supporting an incredibly worthy cause. Wild West Access Fund held its Brewsters Arm Wrestling event. Women, non-binary, and trans people in beer took the stage in a single-elimination arm wrestling competition to raise money to provide financial assistance to those seeking abortion care in Nevada.

It felt good to do good. While my friends who competed did not win — sorry, Julie Rhodes and Dr. J — it was an amazing night for an amazing cause.

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Here's what I read this week that you should read, too.

"This is a business." Google CEO fired back and fired protesting employees.

"This is a business, not a place to act in a way that disrupts coworkers or makes them feel unsafe…."

Those were the words of Google CEO Sundar Pichai in a post on his company's corporate blog.

He's referring to Google's recent firing of 50 workers involved in protests against the company's cloud-computing contract with the Israeli government.

FTC bans all non-competes … Now what?

There's more than one way to skin a cat … or at least that's what many employers are hoping.

Yesterday, the Federal Trade Commission turned the workplace on its head by banning nearly all non-compete agreements.

I'm not going to summarize the FTC's Rule; your inboxes and LinkedIn feeds will be flooded with plenty of those … including this one we sent out this morning.

Suffice it to say that 120 days from the publication of the Rule in the Federal Register, employers will no longer be able to enforce any non-compete agreements except for those already in place with senior execs earning $151,164 or more annually.