Biden calls for extension and expansion of FFCRA

As you should hopefully be aware, the Families First Coronavirus Response Act (FFCRA), the federal law that provided paid leave to employees for Covid-related absences, expired on December 31, 2020, with an option for employers to voluntarily expand leave through March 31, 2021. The problem, however, is that while this leave has expired or will soon expire, COVID-19 is not expiring any time soon.

Help, however, may soon be on the way, as part of President-elect Biden's America Rescue Plan. A key part of that plan is a significant expansion of the FFCRA.

What employers can expect from Biden’s presidency: A $15 minimum wage

This week I'll be examining what employers can expect from Joe Biden's presidency. Today, a $15 minimum wage.

Late last week President-elect Biden released his America Rescue Plan, a comprehensive legislative package to provide relief to those struggling because of COVID-19. Among its proposals was a $15 minimum wage.

The 2nd nominee for the “Worst Employer of 2021” is … the stillbirthing leave spurner

When I close out this contest at the end of each year I ask myself, "Jon, will you be able to find sufficiently awful nominees for the next year?" Each year answers this question with a resounding yes. 2021 is no exception.

I bring you the District of Columbia Public Schools, which denied maternity leave to a teacher after she suffered the tragedy of delivering a stillborn baby. 

H.B. 352 finally fixes Ohio’s broken employment discrimination statute for employers

For lack of more artful description, Ohio's employment discrimination law was a mess. It exposed employers to claims for up to six years (the longest such statute of limitations in the country), contained no less than three different ways for employees to file age discrimination claims (each with different remedies and filing deadlines), rendered managers and supervisors personally liable for discrimination, and omitted any filing prerequisites with the state civil rights agency.

The start of 2021, however, provides Ohio businesses much-needed reform of this previously broken law. Earlier this week, Governor DeWine signed House Bill 352 [pdf]. 

Github fires employee for using the n-word … Nazi

Software company GitHub is taking a lot of heat for firing a Jewish employee for referring to the people who stormed the Capitol on January 6 as "Nazis." The Verge has the details:

GitHub reportedly fired a Jewish employee after he posted a message in Slack that said "stay safe homies, Nazis are about" the day of the attack on the US Capitol….

The message sparked controversy inside the company, with one colleague criticizing him for using divisive language. GitHub's HR team chastised the employee for using the word "Nazi" in a company Slack channel. Two days later, GitHub allegedly fired him, citing vague patterns of behavior. 

Coronavirus Update 1-12-2021: 8 of the 10 deadliest days in US history are because of Covid

While we've all been mentally overcome by the rebellion that unfolded at the Capitol and the civil war that I fear it started, Covid-19 continues to rage around the country. Hundreds of thousands are falling ill each day, hospitals are stretched to capacity, and thousands are dying daily. The circle of people with Covid is closing in personally, and the number of calls I am receiving from clients with the question, "We've had an employee test positive; what do we do," has increased exponentially. All the while, the rollout of the vaccine, which was supposed to save us from this pandemic, has been too slow and uneven. 

The bottom line is that Covid-19 continues to win. 

“Beware systemic discrimination,” says EEOC to employers

Systemic discrimination has multiple meanings, according to the EEOC:

• A "pattern or practice, policy, and/or class cases where the discrimination has a broad impact on an industry, profession, company, or geographic location."
• "Bias that is built into systems, originating in the way work is organized," referring to "structures that shape the work environment or employment prospects differently for different types of workers."
• "Patterns of behavior that develop within organizations that disadvantage certain employees and become harmful to productivity."

Regardless of you define it, in a report published last Friday, the EEOC says that it pursuing systemic discrimination as an enforcement priority to dismantle the pattern, practice, or policy that results in or facilitates discriminatory decisions.

When you discover that you employ a seditious rebel #TraitorsGettingFired

Imagine you discover that Elizabeth from Knoxville is one of your employees.

Elizabeth wasn’t ready for the revolution to be televised😂 pic.twitter.com/LibeNAuE6h

— xy467chr (@xy467chr) January 6, 2021

Or what about Jake Angeli (the self-proclaimed QAnon shamen)?

Why is Jake Angeli walking free? If he can be named in this article, and he was part of the insurrectionist movement yesterday, he committed a crime by invading the Capitol and he should be arrested. https://t.co/5hUbek57nc

— Dr. HawaiiDelilah™ (@HawaiiDelilah) January 7, 2021

Or Paul Davis?

This is Paul Davis. Paul is a lawyer. He’s also associate general counsel & director of human resources at Goosehead Insurance. Today he stormed the capitol building in an attempt to stage a coup against the US government and documented it (!) on Instagram. @followgoosehead pic.twitter.com/eTkoK92ujL

— Roger Sollenberger (@SollenbergerRC) January 7, 2021

Or this guy, who actually wore his work badge to the protest?

NEW: A Maryland company has terminated one of its employees after he was apparently captured in a picture during the mob riot in the Capitol yesterday. @wbaltv11 pic.twitter.com/flxRhdmP3P

— Tre Ward (@TreWardWBAL) January 7, 2021

Or any of the others amid the hoard of seditious rebels who stormed the Capitol on Wednesday in an act of open rebellion against the United States and its government?

Question: Should these people be fired from their jobs?

I’m pretty far from okay

I’m not okay with what happened yesterday. I’m angry, I’m sad, and I’m scared for the future of our country and our democracy. 

A seditious insurrection stormed the Capitol in an attempted coup designed the stop the peaceful transfer of power and overthrow our democracy. Nothing about this is acceptable. It’s abjectly deplorable and antithetical to everything for which our country stands.

Nobody should be okay with what happened yesterday.

If you don’t reject what happened without reservation or qualification, please unfollow me. 

I’m not in Kansas anymore … or ever (an unemployment fraud story)

What's wrong with this photo?

The 1st nominee for the “Worst Employer of 2021" is … the bogus bonus payor

We all felt for Clark Griswold when, instead of his expected year-end bonus, he received a one-year membership to the Jelly of the Month Club (the gift that keeps on giving the whole year). 

Think about Clark's outrage when you read this story, which recently made the rounds (c/o The Verge):

What's the cruelest prank you can make on employees who are struggling during a pandemic when millions of people have lost their jobs or lives? GoDaddy … tried to find out when it sent employees a fake email informing them they'd receive a $650 holiday bonus. …

Coronavirus Update 1-4-2021: DOL approves telemedicine visits to establish a serious health condition under the FMLA

With the COVID-19 pandemic closing health-care-provider offices or severely limiting patient access, many have turned to telehealth to remotely obtain healthcare from the safety of their homes. The question arose, however, whether these remote visits would qualify as "treatment" under the FMLA's qualifying definition of a "serious health condition," which under the FMLA's regulations requires an "in-person visit to a health care provider," and does not include "a phone call, letter, email, or text message."

While you were celebrating your December holidays, the Department of Labor issued a Field Assistance Bulletin [pdf] addressing this issue. 

’Twas the Employment Law Night Before Christmas

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, ’Twas the Employment Law Night Before Christmas.

To all of my readers, after a 2020 no one will ever forget, thank you all for reading, commenting, and sharing, and please have a happy and safe holiday season. I’ll see everyone on January 4, 2021, with fresh content to kick off the new year.

---

’Twas the night before Christmas, when all through the office
Not a creature was stirring … well, just one of the bosses;
The bonuses were paid by the company with care,
In hopes that no ungrateful employees would swear.

Coronavirus Update 12-22-2020: Congress approves an FFCRA extension (sort of)

Late yesterday, Congress approved the Consolidated Appropriations Act, 2021, better known as its $900 billion COVID-19 rescue stimulus. President Trump is expected to sign it into law.

Buried within the bill's 5593 pages (on pages 2033 - 2037) is an extension of tax credits for paid sick and family leave under the Families First Coronavirus Response Act, which otherwise would have expired on December 31.

Worst Employer(s) of 2020: The Winners

It brings me tremendous joy to announce the Worst Employer(s) of 2020.

Coronavirus Update 12-21-2020: Ensuring compliance with your Covid safety protocols shouldn’t be a mission impossible

British newspaper The Sun published leaked audio capturing Tom Cruise angrily addressing two crew members who he believed had breached Covid-19 protocols while filming "Mission Impossible 7."

The best way to spread Christmas cheer is singing loud for all to hear

In his semi-eponymous movie, Buddy the Elf famously explained, "The best way to spread Christmas cheer is singing loud for all to hear." 

Today, I'm choosing to use my valuable internet space to spread some Christmas cheer of my own. Please don't worry, it's not me singing, which would spread whatever the opposite of cheer is. Instead, it's my resident songstress, Norah Marie, who used her iPhone to self-record and mix this lovely (IMHO) cover of "Jingle Bell Rock."

norah marie · jingle bell rock

Coronavirus Update 12-17-2020, part 2: The COVID-19 vaccine and race discrimination

One issue the EEOC omitted from its technical guidance on the COVID-19 vaccine is the issue of race discrimination. 

According to one recent study, 57% of African Americans say that they definitely or probably will not get the COVID-19 vaccine. Many point to their distrust of the federal government fueled by decades of medical studies on Black people, including the Tuskegee Experiment, which left hundreds of Black men untreated for syphilis between 1932 and 1972.

If you are going to adopt a mandatory vaccination policy for your workplace (which the EEOC says you can do, subject to reasonable accommodation exceptions under the ADA for medical issues and Title VII for sincerely held religious beliefs or observances), then you must account for the possibility of that policy having a disparate impact based on race. Otherwise, you might be setting yourself up for a potential race discrimination lawsuit.

* Photo by Markus Winkler on Unsplash

Coronavirus Update 12-17-2020: EEOC releases guidance on the COVID-19 vaccine

Yesterday, the EEOC published its guidance on the COVID-19 vaccine under the ADA and GINA, in the form of nine Q & As. You can read them in their totality here. 

The TL;DR: yes, you can force employees to receive the COVID-19 vaccine as a condition of employment (although the should is an entirely different issue), subject to limits on reasonable accommodations for employees' disabilities and sincerely held religious practices or beliefs and subject to limits on pre-vaccination medical questions.

My one work rule to rule them all

George Carlin was a genius. He just had a way of breaking down language into its most simple parts. Whether it was The 7 Dirty Words or The 10 Commandments, Carlin was just brilliant with language. For example, he dismantled each of the 10 Commandments into just two:

First:

• Thou shalt always be honest and faithful, especially to the provider of thy nookie.

And second:

• Thou shalt try real hard not to kill anyone, unless, of course, they pray to a different invisible man than the one you pray to.

I thought of this yesterday after stumbling upon a tweetstorm authored by Kate Bischoff reacting to this New York Times article suggesting that Jeffrey Toobin's long and esteemed career justifies that he should get his job back despite his Zoom full monty faux pas. 

Coronavirus Update 12-15-2020: Don’t be this a-hole

According to Cleveland.com, a pair of Ohio parents are facing possible criminal charges after piling 60 maskless teenagers into a party bus to celebrate their son's 14th birthday.

Police learned a parent had arranged for the party bus, which originated in Cincinnati…. The parent had posted an open invitation on social media, police say.

If you’re tired of reading about the Worst Employer voting, you can now listen to me talk about it

Marc Alifanz and Kate Bischoff are two of my favorite people. They also happen to host one of my favorite podcasts, Hostile Work Environment. I promise that I'm not just dishing out these high praises because Marc and Kate invited me to guest on this week's episode to discuss the 10 nominees for this year's Worst Employer poll. 

You can listen to the episode on Apple Podcasts, Spotify, or wherever you choose to get your podcasts. (And while you're there do us all a favor and click that subscribe button if you already haven't.)

Coronavirus Update 12-11-2020: Food insecurity

One of the great tragedies of the COVID-19 pandemic is the number of Americans who are without enough food to eat. It is estimated that nearly 1 out of every 4 households have experienced food insecurity at some point in 2020 (up from 1 out of 10 in 2019). That's an additional 20 million households, or 52.5 Americans, who at some point this year were or continue to be unable to acquire enough food to meet their basic needs or were uncertain of where their next meal will come from. Tens of millions of our fellow Americans are going hungry because of COVID-19.

On Sunday, December 20, at 6 pm, my daughter will be playing an online gig in support of the Hunger Network. The gig is part of this month's 48 Hour Virtual Music Fest, a local monthly online concert series that supports a different cause each month. This month's Fest is in conjunction with WJCU's Blizzard Bash, an annual event put on by John Carroll University's radio station, which this year is being held virtually. 

Have you cast your vote yet for the Worst Employer(s) of 2020?

2017: The Cancerous Boss (employer fires employee after his cancer diagnosis because she doesn't "need people with cancer working in her office," and "in America you have to work even if you're sick")

2018: The Murdering Manager (company owner hires two men to rough-up a handyman who was not doing his job, and they accidentally kill him)

2019: The Barbaric Boss (employer forces intellectually disabled African-American employee to work excessive hours for no pay, and abuses him for mistakes, including belt beatings and hot grease burns)

2020: ???

Who will join this dubious list? Please help me fill in those question marks. 

Time is running out for you to cast your ballot for this year's Worst Employers. 

Click here to vote in each of the two categories—Overall Worst Employer, and COVID-19 Worst Employer. I'll be announcing the winners (or losers, depending on your perspective) next week.

* Photo by Marcel Strauß on Unsplash

Coronavirus Update 12-9-2020: Maskual harassment, part 2

"I wish I could see your pretty lips if they match ur eyes."

"Come on, sweetie. Lemme see that pretty face under there. Take it off for me, will you? Just a quick flash."

"I can be covid and make you short of breath."

"I don't wear a condom; I sure as hell aren't going to wear a mask!"

"Social distancing? My pocket rocket can still reach you."

"I'll take your mask off and stick my tongue down your throat."

These are just a few of the hundreds of awful and offensive comments to which service industry workers reported being subjected while working during COVID (report here).

Coronavirus Update 12-8-2020: Tipped restaurant and other service workers at high risk for “maskual harassment"

Everyone has been hit hard during the COVID-19 pandemic. Service industry employees, however, have been hit particularly hard. Many are out of work. And those that are able to work are worker fewer hours and earning less in wages and tips.

Moreover, according to this survey (h/t: NPR), a majority of service industry workers are being forced to choose between earning valuable tips and staying safe by wearing a mask.

Consider these statistics regarding tipped employees:

Coronavirus Update 12-7-2020: Vaccines

We are days away from the FDA approving two different COVID-19 vaccines, and it is being reported that the first people could start receiving the vaccine as early as Friday.

While I covered the topic of employer-mandated vaccines earlier this year, I understand that everyone doesn't necessarily see or read every post I write. Thus, because of just how important this issue will quickly become for employers, today I'm directing you to my thoughts from three months ago: Coronavirus Update 9-1-2020: Vaccines — can an employer require them; should an employer require them?

Coronavirus Update 12-4-2020: COVID is like a blizzard

I didn't write today's post. My healthcare worker sister-in-law did. Hopefully she doesn't mind that I'm sharing what she posted on Facebook earlier this week. 

Coronavirus Update 12-3-2020: CDC cuts recommended quarantine period from 14 days to 7 – 10 days (sort of)

Yesterday, the CDC amended its guidance on the duration of quarantine for individuals in close contact with someone else positive with COVID-19. We need to pay close attention to the fine print. All of the headlines are reporting that the CDC has shortened its recommended COVID-19 quarantine period. That's not, however, what happened.

Coronavirus Update 12-2-2020: Congress must extend the FFCRA

The Families First Coronavirus Response Act, the federal law that provides paid sick and family leave to employees for COVID-19-related absences, ends in 29 days. By its terms, the law sunsets on December 31. 

Yesterday, news broke of a new coronavirus relief bill that Senate Majority Leader Mitch McConnell will put forward. It will include important measures such as the extension of unemployment insurance expansions for another month, another round of Paycheck Protection Program (PPP) small business assistance, and additional funding for the USPS, schools, testing, and vaccine distribution.

What doesn't it include? Any extension of the FFCRA.

VOTE for the Worst Employer of 2020

It's officially election season for the Worst Employer of 2020. 

Since it is 2020, however, this can't be a normal Worst Employer election. This year we have two categories: Worst Employer, and Worst Employer COVID-19 Edition.

Coronavirus Update 11-23-2020: Thankful

2020 has certainly been a year like no other. People are sick and dying. Hospitals are filling up. Our essential workers are stressed and tired.

I'm tired, too. Part of what's making me tired is continuing to hear people complain about "2020" when we have so much for which to be thankful.

Here's my list of everything for which I have been and continue to be thankful during the pandemic.

Coronavirus Update 11-20-2020: The 12th nominee for the “worst employer of 2020” is … bad bettor

Do you remember that scene from The Deer Hunter where Christopher Walken plays Russian roulette in a betting parlor, while the patrons place bets on whether he'll live or die with every pull of the revolver's trigger? That's what I thought of as I read the allegations in Fernandez v. Tyson Foods, and not in a good way.

According to the lawsuit, while COVID-19 was running rampant through Tyson's Waterloo, Iowa, facility, the Plant Manager "organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19."

Coronavirus Update 11-19-2020: Cuyahoga County issues four-week stay-at-home advisory

Yesterday afternoon, Cuyahoga County, Ohio's largest, issued a four-week stay-at-home advisory. It took effect immediately, and is in addition to the 21-day 10 pm – 5 am statewide curfew Governor DeWine implemented yesterday and which takes effect tonight. 

Let's examine why it was issued, what is says, and what it means for your business.

Coronavirus Update 11-18-2020: WFHH (work from home harassment)

For last night's dinner, I decided to use the leftover meatballs from the prior night's spaghetti dinner to make meatball subs. The only problem? No hoagie rolls, which led to the following conversation with my wife:

Me: I need to stop and get buns for dinner.

Her: Ooh, will you toast them?

Me: I'll toast your buns alright.

Her: That's sexual harassment!

Me: Take it up with HR.

Coronavirus Update 11-17-2020: Retaliation under the FFCRA is as illegal as is retaliation under any other employment statute

MaryJo Delaney is suing her former employer after it demoted her from her management position following her return from a Covid-related layoff, for which she had volunteered so that she could stay at home with her 9-year-old son whose school was closed.

The 11th nominee for the “worst employer of 2020” is … the horrific human traffickers

Today's nominee for the Worst Employer of 2020 is beyond description. NBC Bay Area provides the details:

A Gilroy couple has been charged with human trafficking after forcing a man to work 15-hour shifts seven days a week for no pay at their liquor store and then locking him inside the store overnight, the Santa Clara County District Attorney's Office said Monday.

Coronavirus Update 11-13-2020: Closing restaurants and bars is NOT the solution to fixing the spread of COVID-19

During his most recent scolding of Ohio's citizens, Governor DeWine threatened to close restaurants and bars if the state's Covid numbers don't quickly improve. He figures if people can't behave responsibly he'll close the places they are mass-congregating to slow the spread. 

If the current trend continues and cases keep increasing, we will be forced to close restaurants, bars, and fitness centers. We will look at this one week from tomorrow.

— Governor Mike DeWine (@GovMikeDeWine) November 11, 2020

His approach is wrong and dangerous.

Coronavirus Update 11-12-2020: Breaking down the potential liabilities in Ohio’s new mask rules

During yesterday evening's statewide address, and amid dangerously rising COVID-19 infections and hospitalization, Governor Mike DeWine, announced the reissuing and restating of Ohio's mask mandate. The order now contains four specific rules for businesses to follow regarding mandatory masking.

1. Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.


2. Each business will be responsible for ensuring that customers and employees are wearing masks.


3. A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers' compensation, will inspect to ensure compliance.


4. First violations will receive a written warning, and a second will result in a 24-hour closure of the business.

Coronavirus Update 11-11-2020: Working in an office instead of working from home doubles the risk of contracting COVID-19

You are literally making Covid worse if you are refusing to permit employees to work from home.

According to a recently published CDC study, employees who work in an office setting are nearly twice as likely to contract COVID-19 than employees who work from home. 

Four Years

November third 2020
Sitting anxiously on my bedroom floor
I've got other things to worry about
Like how I did on my test today
But rather than worrying about my grades
I'm afraid my rights are gonna get taken away

That's the opening verse to Four Years, a song my 14-year-old daughter wrote on the afternoon of Election Day. She's really proud of it and I'm really proud of her; with her permission, I'm sharing it with you.

Elections profoundly impact people. They matter. This year's election hit harder and mattered more than any other in my lifetime. I've enjoyed watching that impact through the eyes of my two kids, who aren't yet old enough to vote or to have a meaningful voice in the process. I know one of mine is very much looking forward to four years from now when she can turn her voice into a vote for the first time.

Coronavirus Update 11-9-2020: COVID-19 and no-fault attendance policies

Can you "point" an employee under a no-fault attendance policy for a coronavirus-related absence? For example, an employee sick with COVID-19 or awaiting test results, quarantined because of an exposure, or at home because a child needs care?

For the uninitiated, no-fault attendance policies operate by having workers accumulate "points" for missing work, arriving late, or other attendance-related issues; after the accumulation of a pre-determined number of "points," employees face discipline or even termination.

During the ongoing COVID-19 pandemic, these policies are not only unnecessarily cruel, but they also might be illegal.

Coronavirus Update 11-6-2020: Accountability

The NFL has fined the Las Vegas Raiders $500,000 and stripped them of a 2021 draft pick for "brazen and repeated violations" of the league's COVID-19 protocols. The violations include repeated incidents of players and coaches not wearing masks and permitting players to attend a charity event maskless while mingling with the crowd. The fines and penalty came after repeated warnings (and prior fines) by the NFL.

If your business's COVID-19 rules are to have any meaning, you need to be prepared to stand behind them with discipline and even termination if necessary. These are important safety rules that are absolutely necessary to beat back this virus, especially as cases are spiking and we are hitting record numbers on a daily basis.

Coronavirus Update 11-5-2020: OSHA levies $2 million in COVID-related citations and penalties

Are you tired of the endless din of vote counts and election news? Let's get back to the uplifting topic of the ongoing COVID-19 pandemic.

OSHA recently announced a spate of COVID-related citations totaling $2,025,431 in fines. 

If you care about the future of democracy, then we have to count every single vote

As I type at 6:30 am on the morning after, we still don't know who won the presidency. There are 9 states and 87 electoral votes undecided, and few of those states (Arizona, Wisconsin, Michigan, Georgia, and Pennsylvania) will ultimately determine the winner.

Yet, in the wee hours of the morning, Donald Trump took to a White House podium and stated his clear and unambiguous intent to go to the Supreme Court to stop the counting of outstanding votes, which he says is "a fraud on the American public." 

Music will get my through the next few days (I hope) — my survival playlist

There is no doubt that life is stressful right now. Between the exponentially and dangerously rising COVID-19 numbers (and the unwillingness of enough of us to take the basic health and safety measure to tame them and protect us all) and the election (which literally feels like the future of our nation is on the ballot) I'm bundle of nerves.

When I feel this way, I turn to music to calm me. So I thought I'd share my Desperate Times — Songs to Survive By playlist (ed. note: not everyone would consider all of these songs to be "calming," but my list my songs). Some are protest songs that feel particularly timely and some just flat out bring an optimistic smile to my face.

How are you planning to survive these stressful days with your sanity intact? Any songs you'd recommend I add to my playlist? Drop a comment below, @ or DM on Twitter, or leave a comment on LinkedIn here.

Coronavirus Update 10-30-2020: I’m tired

As we round the corner to month eight of "living with COVID-19," I thought now is a good time to ask everyone, "How are you doing?"

Me? I'm tired.

Coronavirus Update 10-29-2020: The Dodgers might be World Series winners, but they’re COVID-19 losers

Tuesday night, the Los Angeles Dodgers won the World Series. In the 8th inning of their clinching game 6, the Dodgers pulled third baseman Justin Turner from the game. No one knew why at the time. It was only after the game that it was announced that the team pulled Turner because he had tested positive for COVID-19. 

Why then was Turned allowed to join his team on the field (maskless no less) to celebrate their victory?!

Coronavirus Update 10-28-2020: The 10th nominee for the “worst employer of 2020” is … the whistleblower whacker

SHRM, the Society for Human Resource Management, describes itself as "the foremost expert, convener, and thought leader on issues impacting today's evolving workplaces." Physician, heal thyself!

According to a recent lawsuit filed against SHRM (as reported by The New Yorker), SHRM may have a huge whistleblower retaliation problem on its hands.

Time to make sure your business has an Election Day plan. #vote

Election Day is in seven days. By all predictions, this election will see a record number of voters. As long as Election Day remains a working day, employees will show up to work late, leave work early, or take long lunches, just so that they can vote.

Please make sure your employees have sufficient time to do so. For starters, it's important that employees are able to exercise their voting rights. Secondly, at least here in Ohio, it's the law.

Results—Would you boycott a business based on the candidate it supports? #vote

The results are. Thank you to the 244 of you took the time to answer my question: Would you boycott a business based on the candidate whom it (or, more accurately, its ownership) supports for President in this election?

The results:

Yes = 58.6%
No = 41.4%

Coronavirus Update 10-23-2020: Please stop telling me that we all just need to get on with living our lives

Earlier this week, I posed what I thought was a simple question on the private Facebook page of my community's homeowners' association: given the current rise of COVID-19 cases, should we, as a community, rethink our trick-or-treating plans. It was intended to start a generative discussion about whether we can host public trick-or-treating safely, but it quickly devolved into insults and name-calling.

The general theme of my pro-Halloween opponents was some combination of—if you don’t feel safe stay home in your basement; and we need to live our lives. People felt comfortable expressing this opinion even after others had commented about family members COVID-19 had killed. 

Coronavirus Update 10-22-2020: New CDC guidance will result in A LOT more employee absences

Yesterday, the CDC made a key update to its COVID-19 guidance. It made a significant change to the definition of "close contact."

No longer does one qualify as a "close contact" by being within 6 feet of someone for 15 continuous minutes or more. 

The CDC now defines "close contact" as:

Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period (individual exposures added together over a 24-hour period) starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated."

Would you boycott a business based on the candidate it supports?

Over the weekend I got into an interesting discussion on Twitter with a couple of my favorite musicians, Brendon Benson and Caitlin Rose. Here's the question:

would you boycott an artist or actor based on the candidate for whom their voting, in this POTUS election?

— Brendan Benson (@brendanbensongs) October 18, 2020

I'd like to expand this topic further and ask, Would you boycott a business based on the candidate whom it (or more accurately, its owner) supports for president in this election? 

PLEASE don’t tell your employees which candidate to vote for

This post at the Evil HR Lady Facebook group caught my attention yesterday:

Florida company's president warns employees their jobs could be in danger if Trump loses election

Coronavirus Update 10-19-2020: The 10th nominee for the “worst employer of 2020” is … the callous car dealer

I continue to shake my head at the callousness of employers during this pandemic. Consider this example from The Oregonian, which earns its spot as the 10th nominee for the Worst Employer of 2020.  

A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims.  

Coronavirus Update 10-16-2020: The benefit of being prepared

When you get the call, you better be prepared. This maxim holds true in business, in the law, and in life in general.

Our favorite local wine bar has been hosting outdoor, socially distant concerts since shortly after the State of Ohio allowed it to reopen. Last Friday, their booked artist canceled last minute, which led to a 4:00 pm phone call for Norah to fill in. 

I had to quickly work through the stress of a 14-year-old who did not know if she could pull off a three-hour solo gig on 90 minutes' notice. I reminded her that she's spent the last six months writing originals and playing covers in her bedroom, in the backyard, and on Zoom for the Rockin' the Suburbs "Friday Night Hootenanny." Thus, she made her setlist, we packed her gear into the car, and off we went.

What we’ve got here is a failure to communicate

An employee suffers an injury that prevents her from operating a motor vehicle. With no means of transportation to travel to and from her workplace, the employee calls off work, believing that her absences were excused. They weren't, and the employer fires her for excessive absences.

She sues, claiming disability discrimination, in part because of the company's failure to accommodate her inability to drive.

Coronavirus Update 10-14-2020: Reporting an employee who tests positive

When an employee tests positive, an employer has certain reporting obligations. These obligations fall into two categories—reporting to OSHA and reporting to your state or local health agency under state law.

OSHA

While OSHA has remained largely silent on mandates for businesses related to COVID-19, it has published specific guidance on when an employer must record and report COVID cases at work.

Coronavirus Update 10-13-2020: You are doing something very, very wrong if your employees are terrified to come to work

According to Deadspin, NFL players are terrified of COVID, but are afraid to speak up for fear of angering the NFL.

"I looked at my son. I looked at my family, and I just didn't think it was worth it," Jaguars player Lerentee McCray, a seven-year veteran, told me this summer after opting out. "I could catch it and bring it home to them. Or I can get it and even if it doesn't kill me, it could destroy my career long-term. I feel really weird not playing football right now, but can't. I can't risk doing something so dangerous and maybe hurting the people I love."

In the end, most players decided the money was worth the risk. So, they play.

Yet there's been a definite shift in that attitude over the past few months and even weeks, several told me in various interviews, as the virus spreads through locker rooms. Most requested anonymity for fear of angering NFL owners and the league office.