AI

California Suggests Taking Aim At AI-Powered Hiring Software (theregister.com) 34

An anonymous reader quotes a report from The Register: A newly proposed amendment to California's hiring discrimination laws would make AI-powered employment decision-making software a source of legal liability. The proposal would make it illegal for businesses and employment agencies to use automated-decision systems to screen out applicants who are considered a protected class by the California Department of Fair Employment and Housing. Broad language, however, means the law could be easily applied to "applications or systems that may only be tangentially related to employment decisions," lawyers Brent Hamilton and Jeffrey Bosley of Davis Wright Tremaine wrote.

Automated-decision systems and algorithms, both fundamental to the law, are broadly defined in the draft, Hamilton and Bosley said. The lack of specificity means that technologies designed to aid human decision-making in small, subtle ways could end up being lumped together with hiring software, as could third-party vendors who provide the code. Strict record keeping requirements are included in the proposed law that double record retention time from two to four years, and require anyone using automated-decision systems to retain all machine-learning data generated as part of its operation and training. Training datasets leave vendors responsible, too: "Any person who engages the advertisement, sale, provision, or use of a selection tool, including but not limited to an automated-decision system, to an employer or other covered entity must maintain records of the assessment criteria used by the automated-decision system," the proposed text says. It specifically mentions it must maintain records for each customer it trains models for, too.

Unintentional filtering isn't covered by the newly proposed California law, which focuses on the ways in which software can discriminate against certain types of people, unintentionally or otherwise. [...] Hamilton and Bosley suggest that California employers review their ATS and RMS software to ensure it conforms to the proposal, enhance their understanding of how the algorithms they use function, be prepared to demonstrate that the results of their process is fair and speak with vendors to ensure they are doing what they need to do to comply. The 45-day public commentary period for the proposed changes is not yet open, meaning there's no timetable for the changes to be reviewed, amended and submitted for passage.

Microsoft

Microsoft's CEO Warns of the Impact of All Those Late-Night Emails (bloomberg.com) 41

Microsoft Chief Executive Officer Satya Nadella warned that employee well-being could suffer from an ever-expanding workday that often now creeps well into the night. From a report: Nadella, whose company has studied how remote work impacts collaboration in an effort to improve its Teams software, cited Microsoft research showing that about a third of white-collar workers have a "third peak" of productivity late in the evening, based on keyboard activity. Productivity typically spikes before and after lunch, but this third peak illustrates how remote work has broken down already-blurred boundaries between our job and our home lives. Nadella, speaking Thursday at the Wharton Future of Work Conference, said managers need to set clear norms and expectations for workers so that they're not pressured to answer emails late at night.

"We think about productivity through collaboration and output metrics, but well-being is one of the most important pieces of productivity," he said. "We know what stress does to workers. We need to learn the soft skills, good old-fashioned management practices, so people have their wellbeing taken care of. I can set that expectation, that our people can get an email from the CEO on the weekend and not feel that they have to respond." Two out of 3 employees who consider leaving their job say their employer has not followed through on early pandemic promises to focus on employee mental health, according to a Harris Poll commissioned by online therapy provider Talkspace.

Businesses

What's Happening After an Amazon Warehouse's Workers Voted to Form a Union (theguardian.com) 107

Former Amazon employee Christian Smalls later spearheaded their historic successful unionization drive, reports Insider. On Friday he celebrated by popping open a bottle of champagne, adding "We want to thank Jeff Bezos for going to space, because when he was up there, we was signing people up. We were out here getting signatures...." Smalls became a vocal Amazon labor advocate over coronavirus safety measures in March 2020, and was fired the same month for what the company said was an unrelated event. In a leaked memo obtained by Vice in 2020, an Amazon lawyer told Jeff Bezos was that Smalls was "not smart, or articulate, and to the extent the press wants to focus on us versus him, we will be in a much stronger PR position...."
Smalls told Insider his group never had the resources of a traditional union, and "We started from scratch with nothing." But now the president of the powerful Teamsters union says his own group "will step up the pressure on Amazon and mount its own efforts to unionize the company..." reports the Guardian: In an interview with the Guardian Sean O'Brien said it was vital to organize Amazon, asserting that the e-commerce company has "total disrespect" for its workers and was putting downward pressure on standards for unionized warehouse workers and truck drivers across the U.S. "You have an employer like Jeff Bezos taking a joyride into space, and he bangs on his workers to be able to fund his trip," said O'Brien, who was inaugurated as Teamsters president on 22 March. He asserted that Amazon workers would benefit greatly from joining the Teamsters, saying that Amazon's drivers and warehouse workers are treated and paid considerably worse than their unionized counterparts at other companies....

Concerned that Amazon's lower pay is undercutting Teamster employers and Teamster contracts, O'Brien said he didn't want Amazon to threaten the livelihood of Teamsters or "diminish the standards established by collective bargaining agreements"....

News of the Staten Island victory comes as union activity is experiencing a resurgence in the U.S.

Meanwhile, long-time Slashdot reader theodp shares Amazon's reaction: The complete April 1st Statement from Amazon on Staten Island union vote: "We're disappointed with the outcome of the election in Staten Island because we believe having a direct relationship with the company is best for our employees.

"We're evaluating our options, including filing objections based on the inappropriate and undue influence by the National Labor Relations Board that we and others (including the National Retail Federation and U.S. Chamber of Commerce) witnessed in this election."

Both groups actually only objected to one specific lawsuit brought against Amazon by America's National Labor Relations Board seeking reinstatement of an employee fired 23 months earlier. The National Retail Federation argues that suit gave the appearance of trying to influence the election, and the U.S. Chamber of Commerce similarly made the argument that the action "seems dubiously timed to sway voters."

Engadget reported last month that that employee was also "fired in the early days of the pandemic after he helped lead protests over safety concerns involving the company's COVID-19 protocols."
Privacy

Writing Google Reviews About Patients Is Actually a HIPAA Violation (theverge.com) 71

"According to The Verge, health providers writing Google reviews about patients with identifiable information is a HIPAA violation," writes Slashdot reader August Oleman. From the report: In the past few years, the phrase 'HIPAA violation' has been thrown around a lot, often incorrectly. People have cited the law, which protects patient health information, as a reason they can't be asked if they're vaccinated or get a doctor's note for an employer. But asking someone if they're vaccinated isn't actually a HIPAA violation. That's a fine and not-illegal thing for one non-doctor to ask another non-doctor. What is a HIPAA violation is what U. Phillip Igbinadolor, a dentist in North Carolina, did in September 2015, according to the Department of Health and Human Services. After a patient left an anonymous, negative Google review, he logged on and responded with his own post on the Google page, saying that the patient missed scheduled appointments. [...]

In the post, he used the patient's full name and described, in detail, the specific dental problem he was in for: "excruciating pain" from the lower left quadrant, which resulted in a referral for a root canal. That's what a HIPAA violation actually looks like. The law says that healthcare providers and insurance companies can't share identifiable, personal information without a patient's consent. In this case, the dentist (a healthcare provider) publicly shared a patient's name, medical condition, and medical history (personal information). As a result, the office was fined $50,000 (PDF).

Google

Google Ordered Russian Translators Not To Call War in Ukraine a War (theintercept.com) 124

In early March, contractors working for Google to translate company text for the Russian market received an update from their client: Effectively immediately, the ongoing Russian war against Ukraine could no longer be referred to as a war but rather only vaguely as "extraordinary circumstances." The internal email, obtained by The Intercept, was sent by management at a firm that translates corporate texts and app interfaces for Google and other clients. From the report: The email passed along instructions from Google with the new wording. The instructions also noted that the word "war" should continue to be used in other markets and that the policy change was intended to keep Google in compliance with a Russian censorship law enacted just after the invasion of Ukraine. Asked about the guidance, Google spokesperson Alex Krasov told The Intercept, "While we've paused Google ads and the vast majority of our commercial activities in Russia, we remain focused on the safety of our local employees. As has been widely reported, current laws restrict communications within Russia. This does not apply to our information services like Search and YouTube." According to a translator who spoke to The Intercept, the orders apply to all Google products translated into Russian, including Google Maps, Gmail, AdWords, and Google's policies and communications with users. (The translator asked for anonymity to avoid reprisal by their employer.) The internal memo helps explain why some Google web pages, including an advertising policy and video help document found by The Intercept, use euphemistic terms like "emergency in Ukraine" in their Russian version but âoewar in Ukraineâ in the English version.
Privacy

'My Wife Tracked Me, for Journalism' (nytimes.com) 40

Last month a reporter for the New York Times tracked her husband using Apple AirTags, Tiles, and a GPS tracker. (With his permission...) "I was prepared for her to violate my privacy for the sake of journalism," that husband writes today.

"But what I was not prepared for was how easily my actions could be misinterpreted." [O]ne day I had to go into New York City for work — and Todd Heisler, a Times photographer, secretly followed me. [My wife] Kashmir was sending him live updates of my location. Confusion reigned almost immediately. As soon as I arrived in Manhattan, Todd captured me walking — or had I been caught in a potentially compromising position? A friend made light of the situation on Twitter after the article was published, saying it was "a nice touch" that the main picture with the article "shows you apparently emerging from a bar at 10 a.m." Needless to say, I was not drinking before lunch, but the diner where I had just eaten breakfast had a "cocktails" sign in the window....

Next, I entered the 72nd Street subway station but quickly doubled back, apparently losing my camera-toting tail in the process. Little did I know, Todd and Kashmir were texting in real time; he was worried I had "made" him. My Jason Bourne-like escape had spooked him. [When Kashmir received the text from the Times' photographer, "I reassured him that my husband is extremely unobservant and was probably just lost."] I was, in fact, oblivious to his presence. In truth, I had left my mask at the diner and had needed to buy another before I could get on the train to Brooklyn.

At lunch time, Kashmir texted me, "Are you somewhere fancy?" Perplexed, I responded no. I learned later her location trackers suggested that I had stopped at the private club Dumbo House. Imagine the interpretations! In fact, I was at a food court directly below Dumbo House eating a taco...

[W]hen I heard and saw all of these misinterpretations about my day, I couldn't help but think of all the people who might be surveilled without their consent, whether it's by a spouse, an employer or law enforcement.

His conclusion? While trackers have legitimate uses, there's also many ways they could be abused — and misinterpreted. Seeing a map of his every movement after the experiment, "it was unnerving to realize that the devices knew where I was, but that they had no idea what I was doing."

Or, as his wife puts it, "Even with location trackers and a photographer trailing my husband, I couldn't figure out what he was actually doing that day."
Microsoft

Microsoft Tells Workers To Prepare To Return To the Office (nytimes.com) 148

An anonymous reader quotes a report from the New York Times: Microsoft told employees that they will need to return to office next month, transitioning back to its corporate campus for the first time since the Omicron coronavirus variant tore through the nation. The company has long said it would embrace a hybrid work environment, with most employees able to work from home up to 50 percent of the time. In a Monday morning blog post focused on its headquarters near Seattle, Chris Capossela, an executive, said that starting Feb. 28, "employees will have 30 days to make adjustments to their routines and adopt the working preferences they've agreed upon with their managers." Mr. Capossela cited the high vaccination rates in King County, where most employees live, and declining hospitalizations and deaths in the state as factors in the decision. Residents in King County, which includes Seattle, are among the most vaccinated in the country, with more than 91 percent of those who are 5 or older having received at least one shot.

While the announcement was focused on the company's home state, where most of Microsoft's employees are based, Mr. Capossela said the company's Bay Area sites "will fully open on Feb. 28, and we anticipate many of our other U.S. locations will follow suit as conditions allow." Based near the location of the first major coronavirus outbreak in the United States, Microsoft was the first major employer to shutter its offices in March 2020.

Security

A Month After Ransomware Attack, Hundreds of Workers Are Still Owed Pay (nbcnews.com) 40

NBC News tells the story of Rich, a Coca-Cola delivery driver who didn't get a paycheck at Christmas because of a ransomware attack on the payroll company serving Coke's largest distributor.

But then "more than a month after hackers crippled Kronos," paychecks to its employees in Indiana, Ohio and West Virginia "have been sporadic, according to union representatives." Rich, who asked not to be identified by his last name for fear of retaliation from his employer, is among hundreds of workers who deliver Coke products in at least three states who say they're still owed wages — fallout from one of the many ransomware attacks that hit U.S. companies practically every day. Rich, a father of three, said he's had to dip into his savings, which have dwindled down in recent weeks. "They went from $1,100, $1,200 a week to $300, $600," he said of his paychecks. "I got one $300 paycheck, and I called and told them exactly what I needed paid, and they sent me a $46 check...."

"We've got 130 people and they've all got problems," said Max Zemla, the president of the Cleveland-area Teamsters Local 293. "Some are telling me they're not as bad off. I have a guy who's off a thousand dollars. Uses his money for his kid's tuition for school, and he's not able to pay it...."

"The timekeeping vendor Kronos that suffered the attack is in the process of coming back online," [said Josh Gelinas, Coca-Cola Consolidated's vice president of communications February 1st] in an emailed statement. "But, until these digital systems are fully restored, we must continue manually recording work hours for thousands of our teammates. This process is taking longer than we would like and may have resulted in some inconsistencies, but our teammates will be paid for every hour they've worked...."

[NBC reports that a spokesperson for Kronos "noted that the company announced on Jan. 22 that it had finally restored all its services."]

Jeff Combs, the secretary treasurer of Teamsters Local 135 in Indianapolis, said the vast majority of the roughly 200 Coca-Cola Consolidated employees he represents are still owed pay. "Some are still owed as high as $4,700," Combs said.

Rich complains to NBC News that "now my savings have dwindled down because a billion-dollar company can't give you an average paycheck." But it shows ransomware's effects ultimately reach farther than we realize. "It's often assumed that ransomware mainly affects governments and major corporations because it's those incidents that make the news," a ransomware analyst at Emsisoft tells NBC News.

"The reality, however, is that more than half of all ransomware victims are small businesses and individuals. And, unfortunately, they are usually not as well prepared to deal with the problem as larger organizations and probably feel more pain as a result."
Google

Google Had Secret Project To 'Convince' Employees 'That Unions Suck' (vice.com) 173

An anonymous reader quotes a report from Motherboard: A National Labor Relations Board ruling sheds light on a highly secret anti-union campaign at Google, that a top executive explicitly described as an initiative to "convince [employees] that unions suck." The campaign was called Project Vivian, and ran at Google between late 2018 and early 2020 to combat employee activism and union organizing efforts at the company, according to court documents. Google's director of employment law, Michael Pfyl, described Project Vivian as an initiative "to engage employees more positively and convince them that unions suck."

In his January 7 ruling, a NLRB judge wrote that Google must "immediately" produce 180 internal documents that he reviewed related to Google's Project Vivian campaign, including the document with Pfyl's description. Google has so far refused to hand over these documents to an attorney representing aggrieved former Google employees, citing attorney client privilege. The fired employees filed a subpoena for these documents as part of an ongoing NLRB lawsuit against the company. Google fired the workers in 2019 after they organized against the company's contracts with immigration detention agencies. In late 2020, the NLRB issued a federal complaint against Google for illegally firing and surveilling the four software engineers. Google claimed at the time and maintains that it fired them for breaching security protocols. In 2019, Google employees discovered that Google had hired a union avoidance firm called IRI Consultants. IRI Consultants is known for assisting employers in anti-union campaigns by collecting information on workers' personalities, finances, work ethic, motivations, and ethnicity in order to defeat union drives. At the time, Google was facing an unprecedented wave of employee protests and activism for issues related to sexual harassment, contracts with Department of Defense and Customers and Border Protection.

In his ruling on the documents related to Project Vivian, the NLRB judge describes evidence he reviewed of a situation where a Google attorney proposed to find a "respected voice to publish an OpEd outlining what a unionized tech workplace would look like, and counseling employees of FB (Facebook), MSFT(Microsoft), Amazon, and google (sic) not to do it." Kara Silverstein, Google's human resources director said that she "like[d] the idea" of the op-ed, but that it should be executed so that "there would be no fingerprints and not Google specific." IRI Consultants eventually provided a proposed draft of the op-ed to a Google attorney, according to the judge's report. The secret documents pertaining to Google's Project Vivian also reveal that "the decision to hire IRI was not made by lawyers but by a group composed primarily of non-attorneys" including Silverstein, Google's human resources director and Danielle Brown, Google's vice president of employee engagement. Project Vivian also included discussions of Google employees' "opposition to mandatory arbitration," the judge's report says. Ending forced arbitration at Google has previously been a crucial rallying point for employee activists at Google. The company agreed to end mandatory arbitration in February 2019, following employee protests.
"The underlying case here has nothing to do with unionization, it's about employees breaching clear security protocols to access confidential information and systems inappropriately," a Google spokesperson said. "We disagree with the characterization of the legally privileged materials referred to by the complainants. As we've stated, our teams engage with dozens of outside consultants and law firms to provide us with advice on a wide range of topics, including employer obligations and employee engagement. This included IRI Consultants for a short period. However, we made a decision in 2019 not to use the materials or ideas explored during this engagement, and we still feel that was the right decision."
Google

Google Fiber Workers In Kansas City Make a Bid To Unionize (engadget.com) 17

A supermajority of customer service representatives for Google Fiber, operating out of a store in Kansas City, Missouri, have signed union cards in the hopes of bargaining their first contract with their bosses. Engadget reports: They're organizing under the auspices of the Alphabet Workers Union, a year-old division of the Communication Workers of America which is seeking to represent employees and contractors at all level of Google's parent company. The 11 workers -- 10 of whom have signed cards since the union drive began in October -- are jointly employed by Google and a staffing agency called BDS Connected Solutions.

That's not out of the ordinary, as staffing arrangements with Alphabet go: a 2019 story in the New York Times found temps and contractors made up the majority of the tech giant's workforce, while a Recode report that same year indicated that this second class of laborers earned significantly less than Google's own full-time employees. According to two BDS workers who spoke to Engadget, customer representatives had been feeling left out of key conversations about staffing and safety protocols, and communication with management has deteriorated. [...] Kansas City was the very first market Google Fiber launched in, nearly a decade ago.

What makes this push to form a bargaining unit somewhat unusual, however, has been the decision to skip straight to petitioning the National Labor Relations Board. Typically, this is the longer, more arduous option when an employer refuses to voluntarily recognize a union. But, according to Adair, Alphabet and BDS have neither attempted to quash the union drive, nor expressed a willingness to recognize it. "There's been no acknowledgement, no pushback. no response at all yet," they said. [...] While they weren't keen to give too many specifics as to what they'd hope to secure in a first contract, one of the benefits they're seeking to obtain is hazard pay [while working in person in a pandemic.]
While it may be months or years before the NLRB makes a ruling, Google Fiber representative Mike Knox hopes it might spur action from others within Google Fiber. "We're really hoping that this inspires in that regard," he said. "We're hoping that's a flashpoint where other people can see that and decide to push for more input."
Businesses

Is the Video Game Industry Closer to Unionization Than Ever Before? (msn.com) 81

"Video game companies in North America have never successfully unionized," reports the Washington Post. "That changed December 16, when a union at the indie developer Vodeo Games was recognized by management." While video game companies rake in billions of dollars, their workers complain of unfair labor practices, long hours, sexual harassment and workplace misconduct... In the past, game workers would avoid speaking out publicly against their employer, as it could tarnish their reputation within the industry and make it difficult to find future jobs. But after decades of major gaming companies expecting employees to work 80- or 90-hour workweeks, and of workers fearing retaliation from management, Vodeo employees told The Post that the tide was changing...

What's happening in the games industry at Activision Blizzard and Vodeo is unprecedented. No single gaming company like Activision Blizzard has dominated the headlines with lawsuit after lawsuit for months before, topped off with an explosive Wall Street Journal report in November that claimed CEO Bobby Kotick did not inform the company's board of directors for years about sexual misconduct allegations. A petition calling for Kotick's resignation that was circulated among employees netted over 1,850 signatures... At least several dozen Activision Blizzard workers across the company are in the midst of their third work stoppage following a California state agency lawsuit that alleged widespread sexual harassment and misconduct at the company. The strike is on its third week as workers demand that management rehire 12 contractors from Call of Duty developer Raven Software and promote all Raven quality assurance testers to full-time status. Some in-person demonstrations have taken place at the quality assurance office in Austin, Texas.

Activision Blizzard management responded to employees in a Dec. 10 email that ongoing work toward improving company culture would be best achieved without a union...

Activision Blizzard's tumultuous battle with lawsuits, government investigations and worker protests has Wall Street analysts downgrading their rating of its stock. Unionization would further lower the company's market value, according to Wedbush Securities analyst Michael Pachter. "If they were to succeed [in unionizing], the company would have to determine whether to recognize the union or to bust it," Pachter said. "If only the hourly workers chose unionization, Activision could decide whether it is cheaper to recognize them or to export their jobs to a nonunion locale."

That possibility looms large for workers in the industry. "I do fear for my job," said Aubrey Ryan, a contractor working for Blizzard. "Even if I'm fired, I have been part of a movement that is going to change the games industry. I might not benefit, but future people like me will."

Some interesting quotes from two pro-union figures interviewed by the Post:
  • "There's been a lot of groundwork that's been happening in the game industry over the last few years in terms of raising awareness about unions." — Vodeo designer Carolyn Jong
  • "Vodeo has broken the ice on smaller studios. There are definitely folks at smaller studios that are realizing that unions are not just for triple A studios..." — a Southern California games-industry organizer

Privacy

Personal and Salary Data for 637,138 Albanian Citizens Leaks Online (therecord.media) 15

The Albanian government has confirmed and apologized this week for a data leak that exposed the personal and salary-related information for 637,138 citizens, more than 22% of the country's entire population. From a report: Details such as names, ID card numbers, salaries, job positions, and employer names were shared over the weekend on WhatsApp as an Excel document. The file included what appeared to be tax and salary information filed by companies with the Albanian government for the month of January 2021, according to local media. In a press conference today, Prime Minister Edi Rama confirmed and apologized for the breach. "According to a preliminary analysis, it looks more like an internal infiltration rather than an outside [...] cyber-attack," Rama told reporters, according to the Associated Press. The leak is now being investigated by the Tirana Prosecutor's Office, a government spokesperson said.
Businesses

You Can't Lure Employees Back To the Office (zdnet.com) 242

An anonymous reader quotes a report from ZDNet, written by Steven J. Vaughan-Nichols: Months have gone by, and the great resignation keeps rolling along. Some people thought that people would come flocking back to the office once generous unemployment benefits ended. Nope. Wrong. Months after Republican states cut the $300-a-week Federal benefit and other benefits expired, there has been no rush to return to the workforce. There are many reasons for this. People don't want to catch COVID-19; people are sick of bad jobs; early retirement; and the one I care about today, bosses still think they can force skilled workers to return to offices. I've said it before; I'll say it again. That's not going to happen. People with talent and high-value skills, like most technology workers, aren't returning to traditional offices. You don't have to believe me, though. Look at the numbers being reported.

A Hackajob survey of 2,000 UK tech workers and employers found not quite three-quarters (72%) of tech workers said having the ability to do remote work was very important to them. All, and by the way, just over one in five were looking for new jobs with remote work. A more recent Microsoft survey found UK techies felt even stronger about the issue. In this survey, they found over half of the employees would consider quitting if you tried to force them back into the office. It's not just the UK. The Future Forum Pulse survey found IT workers in the US, UK, Australia, France, Germany, and Japan all had one thing in common: Most want to work at least part of the time remotely. To be precise, 75% want flexibility in where they work, while 93% want flexibility in when they work. Why? The top reason: "Better work-life balance."

The problem? Many executives and owners haven't gotten the clue yet. 44% said they wanted to work from the office daily. Employees? 17%. Three-quarters of bosses said they at least wanted to work from the office 3-5 days a week, versus 34% of employees. Can we say disconnect? I can. And, here's the point. Today, for the first time in my lifetime, workers, not employers, are in the driver's seat. [...] But, that doesn't mean that you must give up the traditional office entirely. You don't. In the Dice State of Remote Work report, there's a remote work spectrum. Sure, some workers never want to cross the office transom again, but others like a flexible work schedule where they can work outside of the office a set number of days per week or month. By Dice's count, only one in five workers are bound and determined to never come into the office again. 75% would be fine with flex work. But, pay attention folks, only 3% want to go back to the old-school 9 to 5, every weekday at the office. I repeat a mere 3% want to return to the office as most of you knew it in the 2010s. Indeed, 7% of respondents said they would even take a 5% salary cut to work remotely.

The Courts

Fall On Walk From Bed To Desk Is Workplace Accident, German Court Rules (theguardian.com) 148

An anonymous reader quotes a report from The Guardian: A German court has ruled that a man who slipped while walking a few meters from his bed to his home office can claim on workplace accident insurance as he was technically commuting. The man was working from home and on his way to his desk one floor below his bedroom, the federal social court, which oversees social security issues, said in its decision. While walking on the spiral staircase connecting the rooms, the unnamed man slipped and broke his back.

The court noted that the employee usually started working in his home office "immediately without having breakfast beforehand," but did not explain why that was relevant to the case. However, later it said that statutory accident insurance was only afforded to the "first" journey to work, suggesting that a trip on the way to get breakfast after already being in the home office could be rejected. The employer's insurance refused to cover the claim. While two lower courts disagreed on whether the short trip was a commute, the higher federal social court said it had found that "the first morning journey from bed to the home office [was] an insured work route." It ruled: "The plaintiff suffered an accident at work when he fell on the way to his home office in the morning."

The German federal court said: "If the insured activity is carried out in the household of the insured person or at another location, insurance cover is provided to the same extent as when the activity is carried out at the company premises." It is not clear if the man was working from home due to the pandemic or had done so previously. The ruling said the law applied to "teleworking positions," which are "computer workstations that are permanently set up by the employer in the private area of the employees."

NES (Games)

Masayuki Uemura, Creator Of The NES And SNES, Dies At 78 (kotaku.com) 26

Masayuki Uemura was the lead architect for the Famicom (aka the Nintendo Entertainment System) and the Super Famicon (aka the SNES). The mark he left on the gaming industry and popular culture is indelible. According to Oricon News, Uemura passed away on December 6. He was 78. Kotaku: Ritsumeikan University, where Uemura became the director of game studies after retiring from Nintendo in 2004, announced his passing earlier today. Originally, Uemura worked at Sharp, selling photocell tech to various companies, including his future employer Nintendo. Once joinging the company, he worked with Gunpei Yokoi to integrate the photocell technology into electronic light gun games. He would go on to work on plug-and-play consoles like Nintendo's Color TV-Game.

But everything changed in 1981 with a single phone call. "President Yamauchi told me to make a video game system, one that could play games on cartridges," Uemura told Matt Alt in an interview published last year on Kotaku. "He always liked to call me after he'd had a few drinks, so I didn't think much of it. I just said, "Sure thing, boss," and hung up. It wasn't until the next morning when he came up to me, sober, and said, "That thing we talked about -- you're on it?" that it hit me: He was serious."

Microsoft

Microsoft To Change Hiring Process After DOJ Finds Immigration-related Discrimination (nbcnews.com) 52

The U.S. Justice Department said on Tuesday it reached a settlement with Microsoft resolving allegations that the company discriminated against non-U.S. citizens in its hiring process. From a report: Microsoft asked job applicants for unnecessary immigration documents to prove they could work for the company without needing its sponsorship for work visas, the department said. It said an investigation found that Microsoft discriminated against at least six lawful permanent residents based on their immigration status by asking them to show a Permanent Resident Card to prove they had permission to work without employer sponsorship. Under the settlement, Microsoft will overhaul parts of its hiring process to ensure the company is following U.S. law, which prohibits employers from asking for documents when they are not required, the Justice Department said.
Businesses

Amazon Ordered to Hold Another Union Vote in Alabama (usatoday.com) 107

America's National Labor Relations Board (NLRB) "has ordered a new union election for Amazon workers in Bessemer, Alabama," reports the Associated Press, "based on objections to the first vote that took place in April." The move, announced Monday, is a major blow to Amazon, which had spent about a year aggressively campaigning for warehouse workers in Bessemer to reject the union, which they ultimately did by a wide margin....

In a 20-page decision, the regional director for the NLRB focused much attention on Amazon's installation of a U.S. Postal Service mail box at the main employee entrance, which may have created the false impression that the company was the one conducting the election process. The regional director also refuted Amazon's position that it was making voting easier and was trying to encourage as high a turnout as possible. "The employer's flagrant disregard for the board's typical mail-ballot procedure compromised the authority of the board and made a free and fair election impossible," according to the decision. "By installing a postal mailbox at the main employee entrance, the employer essentially highjacked the process and gave a strong impression that it controlled the process. This dangerous and improper message to employees destroys trust in the board's processes and in the credibility of the election results...."

A repeat of the election means another battle for Amazon with the Retail, Wholesale and Department Store Union (or RWDSU). The first election garnered nationwide attention and put a spotlight on how Amazon treats its workers. It was the biggest union push in Amazon's history and only the second time that an organizing effort from within the company had come to a vote.

In the first vote, 47% of the workers ultimately didn't cast a ballot.
Security

Former Ubiquiti Dev Charged For Trying To Extort His Employer (bleepingcomputer.com) 20

Long-time Slashdot reader tinskip shares a report from BleepingComputer: Nickolas Sharp, a former employee of networking device maker Ubiquiti, was arrested and charged today with data theft and attempting to extort his employer while posing as a whistleblower and an anonymous hacker. "As alleged, Nickolas Sharp exploited his access as a trusted insider to steal gigabytes of confidential data from his employer, then, posing as an anonymous hacker, sent the company a nearly $2 million ransom demand," U.S. Attorney Damian Williams said today. "As further alleged, after the FBI searched his home in connection with the theft, Sharp, now posing as an anonymous company whistleblower, planted damaging news stories falsely claiming the theft had been by a hacker enabled by a vulnerability in the company's computer systems."

According to the indictment (PDF), Sharp stole gigabytes of confidential data from Ubiquiti's AWS (on December 10, 2020) and GitHub (on December 21 and 22, 2020) infrastructure using his cloud administrator credentials, cloning hundreds of GitHub repositories over SSH. Throughout this process, the defendant tried hiding his home IP address using Surfshark's VPN services. However, his actual location was exposed after a temporary Internet outage. To hide his malicious activity, Sharp also altered log retention policies and other files that would have exposed his identity during the subsequent incident investigation. "Among other things, SHARP applied one-day lifecycle retention policies to certain logs on AWS which would have the effect of deleting certain evidence of the intruder's activity within one day," the court documents read.

After Ubiquiti disclosed a security incident in January following Sharp's data theft, while working to assess the scope and remediate the security breach effects he also tried extorting the company (posing as an anonymous hacker). His ransom note demanded almost $2 million in exchange for returning the stolen files and the identification of a remaining vulnerability. The company refused to pay the ransom and, instead, found and removed a second backdoor from its systems, changed all employee credentials, and issued the January 11 security breach notification. After his extortion attempts failed, Sharp shared information with the media while pretending to be a whistleblower and accusing the company of downplaying the incident. This caused Ubiquiti's stock price to fall by roughly 20%, from $349 on March 30 to $290 on April 1, amounting to losses of over $4 billion in market capitalization.

Open Source

Addressing 'Bus Factor', PHP Gets a Foundation (thenewstack.io) 69

How many members of your team are so irreplaceable that if they were hit by a bus, your project would grind to a halt?

For PHP, that number is: two. (According to a post by PHP contributor Joe Watkins earlier this year that's now being cited in Mike Melanson's "This Week in Programming" column.) "Maybe as few as two people would have to wake up this morning and decide they want to do something different with their lives in order for the PHP project to lack the expertise and resources to move it forward in its current form, and at current pace," Watkins wrote at the time, naming Dmitry Stogov and Nikita Popov as those two. Well, last week, Nikita Popov was thankfully not hit by a bus, but he did decide to move on from his role with PHP to instead focus his activities on LLVM.

Also thankfully, Watkins' article earlier this year opened some eyes to the situation at hand and, as he writes in a follow-up article this week, JetBrains (Popov's employer) reached out to him at the time regarding starting a PHP Foundation. This week, with Popov's departure, the PHP Foundation was officially launched with the goal of funding part/full-time developers to work on the PHP core in 2022. At launch, the PHP Foundation will count 10 companies — Automattic, Laravel, Acquia, Zend, Private Packagist, Symfony, Craft CMS, Tideways, PrestaShop, and JetBrains — among its backers, with an expectation to raise $300,000 per year, and with JetBrains contributing $100,000 annually. Alongside that, the foundation is being launched using foundation-as-a-service provider Open Collective, and just under 700 contributors have already raised more than $40,000 for the foundation.

One of the key benefits to creating a foundation, rather than sticking with the status quo, goes beyond increasing the bus factor — it diversifies the influences on PHP. Watkins points out that, for much of the history of PHP, Zend, the employer of Dmitry Stogov, has been a primary financial backer, and as such has had some amount of influence on the language's direction. Similarly, JetBrains had increased influence during its time employing Popov on PHP."To say they have not influenced the direction of the language as a whole would just not be true...." While Watkins says that everything has been above board and gone through standard processes to ensure so, influence is nonetheless indisputable, and that "The Foundation represents a new way to push the language forward..."

The current RFC process, JetBrains writes, "will not change, and language decisions will always be left to the PHP Internals community."

And in addition, Watkins adds, "It provides us the mechanism by which to raise the bus factor, so that we never face the problems we face today, and have faced in the past."
Businesses

The 37-Year-Olds Are Afraid of the 23-Year-Olds Who Work for Them (nytimes.com) 498

Twenty-somethings rolling their eyes at the habits of their elders is a longstanding trend, but many employers said there's a new boldness in the way Gen Z dictates taste. From a report: At a retail business based in New York, managers were distressed to encounter young employees who wanted paid time off when coping with anxiety or period cramps. At a supplement company, a Gen Z worker questioned why she would be expected to clock in for a standard eight-hour day when she might get through her to-do list by the afternoon. At a biotech venture, entry-level staff members delegated tasks to the founder. And spanning sectors and start-ups, the youngest members of the work force have demanded what they see as a long overdue shift away from corporate neutrality toward a more open expression of values, whether through executives displaying their pronouns on Slack or putting out statements in support of the protests for Black Lives Matter. "These younger generations are cracking the code and they're like, 'Hey guys turns out we don't have to do it like these old people tell us we have to do it,'" said Colin Guinn, 41, co-founder of the robotics company Hangar Technology. "'We can actually do whatever we want and be just as successful.' And us old people are like, 'What is going on?'"

Twenty-somethings rolling their eyes at the habits of their elders is a trend as old as Xerox, Kodak and classic rock, but many employers said there's a new boldness in the way Gen Z dictates taste. And some members of Gen Z, defined as the 72 million people born between 1997 and 2012, or simply as anyone too young to remember Sept. 11, are quick to affirm this characterization. Ziad Ahmed, 22, founder and chief executive of the Gen Z marketing company JUV Consulting, which has lent its expertise to brands like JanSport, recalled speaking at a conference where a Gen Z woman, an entry-level employee, told him she didn't feel that her employer's marketing fully reflected her progressive values. "What is your advice for our company?" the young woman asked. "Make you a vice president," Mr. Ahmed told her. "Rather than an intern." Starting in the mid-aughts, the movement of millennials from college into the workplace prompted a flurry of advice columns about hiring members of the headstrong generation. "These young people tell you what time their yoga class is," warned a "60 Minutes" segment in 2007 called "The 'Millennials' Are Coming." Over time, those millennials became managers, and workplaces were reshaped in their image. There were #ThankGodIt'sMonday signs affixed to WeWork walls. There was the once-heralded rise of the SheEO.

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