"You know that feeling when you reunite with an old friend and it feels like nothing's changed? That feeling of comfort and camaraderie is kind of what it's like listening to Old 97's." That's how Raina Douris, the host of WXPN's World Cafe, recently described my favorite band when introducing her interview with their frontman, Rhett Miller. It's as if she read my mind every time I hear an Old 97's song.
Friday, August 28, 2020
Coronavirus Update 8-28-2020: New music Friday / Old 97’s, “Twelfth”
"You know that feeling when you reunite with an old friend and it feels like nothing's changed? That feeling of comfort and camaraderie is kind of what it's like listening to Old 97's." That's how Raina Douris, the host of WXPN's World Cafe, recently described my favorite band when introducing her interview with their frontman, Rhett Miller. It's as if she read my mind every time I hear an Old 97's song.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 27, 2020
A pisser of an invasion-of-privacy case: Ohio Supreme Court find no cause of action when employer watches an employee give a urine sample for a drug test
Is the privacy of an at-will private-sector employee invaded when a representative of the employer watches him or her give a urine sample for a workplace drug test?
Yesterday, in Lunsford v. Sterilite of Ohio, the Ohio Supreme Court answered this question in the negative.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 26, 2020
Coronavirus Update 8-26-2020: New DOL guidance explains employers’ obligation to track compensable telework time
With more employees working from home than ever before (thanks to COVID-19), employers are facing the new reality of tracking working time for remote workers and paying for that time.
The DOL recently published a new Field Assistance Bulletin explaining the obligation of employers to pay for non-exempt employees' "working time" and the obligation of those employees to track this time. It's not a change in the law, but instead a great reminder of the obligations the FLSA imposes on employers and employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 25, 2020
Coronavirus Update 8-25-2020: This example of WFH is WTF
Alison Green, who pens the super engaging and helpful Ask A Manager blog, reached out to me to help with a reader question.
You should jump over to Alison's post to read the whole bonkers scenario, but the TL;DR is that an employee's spouse asked about the legality of an employer-installed app on her work-from-home husband's phone that audio recorded everything happening in the home (whether work related or not).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 21, 2020
Coronavirus Update 8-21-2020: Back to school
Today is my kids' first day of school. Not virtual school. Not distanced learning. Not a hybrid model. In-person school. I just returned home from dropping them off for their respective first day of high school and middle school.
We are blessed to have the resources to send our kids to small, independent private school that is uniquely positioned to open for full-time in person learning in the midst of a pandemic. With approximately 400 students in the entire school across grades K-12, class sizes are already naturally small. With a 93-acre campus, many classes will be held outside. With no cafeteria, lunch time is greatly simplified. It's the perfect school to educate in-person while we live with COVID-19. And it has a great plan to keep my kids, the rest of the students, and its faculty and staff as healthy and safe as reasonably possible.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 20, 2020
BLM vs. MAGA at work
Depending on your political perspective, Goodyear is either being praised or criticized after this slide from diversity training at its Topeka, Kansas, plant went viral.
BLM or LGBT messages on clothing okay; MAGA, Blue Lives Matter, All Lives Matter, or other political symbols not okay.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 19, 2020
Coronavirus Update 8-19-2020: Government watchdog says OSHA whistleblower claims up, investigations down during pandemic
According to a report released yesterday by the Office of Inspector General, since the start of the COVID-19 pandemic, OSHA has been flooded with complaints by employees that their employers retaliated against them for making virus-related complaints. Yet, because of staffing shortages within OSHA's whistleblower protection program, the agency has been severely hampered in its ability to promptly investigate claims, resulting in significant investigatory delays.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 18, 2020
Coronavirus Update 8-18-2020: Phishing attacks are yet another COVID-19 issue that needs to be on your radar
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 17, 2020
Coronavirus Update 8-17-2020: COVID-19 and protected concerted activity
Let's suppose you're a health care organization that terminates an employee after the employee refuses to wear a shared isolation gown and after the employee starts a group discussion with co-workers about the risks and dangers of shared gowns.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 14, 2020
Coronavirus Update 8-14-2020: Just call me Bob Villa
If you would have told me six months ago that I'd spend my summer building useful things out of wood, I'd have asked if you were drunk or high. But, 2020. So, after successfully conquering a dog house, my wife and I decided to tackle chairs for our new deck.
Fifteen days from now we will celebrate our 17th wedding anniversary. Colleen brought it my attention that the traditional 17th anniversary gift is furniture. Why not spend a weekend of togetherness building some?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 13, 2020
Coronavirus Update 8-13-2020: The 7th nominee for the “worst employer of 2020” is … the no-mask mandator
Meet Billy Woods, the sheriff of Marion County, Florida. He loves youth ranches and senior services, and hates face masks.
Earlier this week, Sheriff Woods prohibited his approximately 900 employees from wearing masks or facial coverings while on duty. The Ocala StarBanner quotes the email he sent to his employees, "[W]hen you are on-duty/working as my employee and representing my Office – masks will not be worn." (His directive also includes anyone entering any of his buildings.)
In the meantime, central Florida is among the hottest of COVID-19 hot spots, and on the same day Sheriff Woods sent his email, Marion County hit its high for the number of COVID-19 deaths in a single day.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 12, 2020
Coronavirus Update 8-12-2020: Elevator anxiety
Has COVID-19 caused you to have elevator anxiety, as in a fear of being inside of a 7' x 5' box with other people? According to a not-quite scientific Twitter poll with over 4,000 responses, more than six in 10 workers will not use an elevator to get to their office.
POLL (a retweet would be nice):
— Felix Salmon (@felixsalmon) August 5, 2020
Do you use an elevator to get to where you live?
Would you be ok with using an elevator to get to work?
(Assume ~3ft of spacing, and everybody wearing masks.)
These results beg the question, are elevators safe despite our apparent (and in my mind perceived justified) reluctance to use them?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 11, 2020
Coronavirus Update 8-11-2020: States should follow Illinois’ lead in making it a felony to assault an employee over a mask rule
Elmo, Big Bird, Cookie Monster … and assault?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 10, 2020
Coronavirus Update 8-10-2020: Indians quarantine of pitcher Zach Plesac is a teachable moment in handling irresponsible employees during this pandemic
The Cleveland Indians have sent pitcher Zach Plesac back to Cleveland from their current run of road games for breaking the team's COVID-19 protocols.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 7, 2020
Coronavirus Update 8-7-2020: Errata — CDC changes guidance on when someone can break COVID-19 isolation
Neil deGrasse Tyson once said, "I love being wrong because that means in that instant, I learned something new that day." Earlier this week, I learned something new.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 6, 2020
Coronavirus Update 8-6-2020: Congress must pass the Save Our Stages Act #saveourstages
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 5, 2020
Coronavirus Update 8-5-2020: Who pays for employer mandated COVID-19 tests?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 4, 2020
Coronavirus Update 8-4-2020: NY federal judge invalidates key parts of FFCRA regulations
Yesterday, a New York federal judge issued an order invalidating several key aspects of the Department of Labor's regulations interpreting the paid sick leave and expanded FMLA provisions of the Families First Coronavirus Response Act.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 3, 2020
Coronavirus Update 8-3-2020: How have employers responded to COVID-19?
- Nearly 6 out of every 10 employers has had an employee test positive for COVID-19 (double the number from April).
- 92 percent require on-site employees to wear masks in common areas and mandate physical distancing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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