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Creativity Required for Creating New Jobs as Robots Take Old Ones

Technology is like an unstoppable wave, rushing upon the shore and scattering countless grains of sand.

In the same way, technology will wash away workers in the coming economic sea change. Smart machines will take their jobs, and they will need new ones.

Darlene Damm, writing for the Harvard Business Review, says it's time for companies to get creative.

Fake Email Puts Barclays CEO on the Spot

At a roast, at least one joke cuts so close that the audience laughs only because people aren't sure how to react.

It happened at a roast recently for Jes Staley, chief executive officer for Barclays. The bank was hosting its annual shareholder meeting, where Staley got the brunt of jokes about a prankster who fooled him with a message posing as the bank's chairman.

Staley had to laugh it off for the shareholders, but the spoofed email was a serious matter. It resulted in a government investigation and a pay cut for Staley over the way he handled it.

Time for Exit Interviews at Uber?

With litigation pending against Uber over its self-driving technology, a group of its engineers are reportedly headed for the doors.

Recode reports that the company is facing an exodus of key talent. Instead of waiting for a court decision that could terminate their division, the engineers are looking elsewhere.

It is another impending problem for Uber, which is already entangled in various lawsuits and barely able to pay its bills. So what is a company attorney to do when facing critical resignations?

When we see a good idea, we sometimes ask ourselves, "Why didn't I think of that?"

Then there are those times we say, "What were they thinking?" This is one of those times because this app is not a good idea.

Feeld, a dating app that can piggyback on many office communication networks, is designed to facilitate hook-ups at work. It is not an innovation as much as it is an invitation to sexual harassment. And so now it is time to think about preventing harassment in the virtual workplace.

Calculating the 'Day of Rest' for Workers in California

When the California Supreme Court said employees are guaranteed a day of rest for each workweek, it left the math up to employers.

It requires some calculations, but on balance it means that full-time workers are entitled to no less than one day's rest for every seven. In Mendoza v. Nordstrom, Inc., the court said the law protects the day of rest for anyone who works more than six hours a day.

"If on any one day an employee works more than six hours, a day of rest must be provided during that workweek," Justice Kathryn Werdegar wrote, adding that the rule is subject to some exceptions.

The math really comes in when employers try to figure out the exceptions.

Uber and Sexual Harassment of 'Independent Contractors'

Uber has fought hard to ensure that its drivers are independent contractors as part of its business model.

Usually, the fight takes place in a lawsuit about overtime and employee benefits. The company will pay a premium to settle cases so long as it can keep drivers going as independent contractors and not as employees.

However, another, uglier "employee v. independent contractor" battle has been working its way to the center of the ring. Are Uber drivers entitled to protections as employees against sexual harassment?

The answer is: don't bet on it.

Becoming the Interim General Counsel: Congratulations and Condolences

When a head coach leaves a team or gets sidelined, an assistant coach steps up to become the interim head coach.

Suddenly, you are in charge -- at least until the head coach comes back or a new one takes over. The real challenge is not the job but the sudden spotlight.

It's like when Luke Walton took over as interim head coach for Steve Kerr to lead the world champion Golden State Warriors, which worked out quite well for him. But that's another story. This blog is about being interim general counsel.

Stand Up to Workplace Bullying

When I was in elementary school, I saw a fist-fight between a bully and my friend.

Hundreds of children surrounded them, or at least it seemed like that. Everything seems bigger in the rear-view mirror of life.

I'll never forget how the bully tried to show off, whirling around like a dancer before he threw a punch. It bloodied my friend, a fresh white canvas splashed with angry flares of red paint.

I have always felt bad about not doing anything to stop it. Here's what I have learned since then, and some things to do to stop bullying -- particularly at the workplace:

President Donald Trump signed a 'Buy American and Hire American' executive order yesterday, which could lead to significant changes to the H-1B temporary visa program. H-1B visas allow highly skilled, foreign workers to work in the United States for three years, extendable up to six, with 85,000 such visas issued every year.

Here's what you can expect following the president's "Hire American" EO.

Avoid Gender Bias in Performance Reviews

Lady Justice was not always blindfolded, although she served the same purpose.

"Sight was the desired state," wrote Professors Judith Resnik and Dennis Curtis, "connected to insight, light and the rays of God's sun."

In their treatise Representing Justice, the authors provide a historic look at Lady Justice and the idea that justice is blind. Even with eyes wide open, she has always been fair.

But according to an article in Harvard Business Review, fairness is still evolving in the workplace. Performance reviews have not been fair towards women.