The EEOC reports that it has sued Goodwill Industries of the East Bay Area for sexual harassment and disability discrimination, following allegations made by disabled female nightshift janitors against their supervisor. The allegations are … disturbing:
Thursday, December 15, 2016
When a self-fondling supervisor earns the nickname “Mr. Bojangles,” it’s not going to end well
The EEOC reports that it has sued Goodwill Industries of the East Bay Area for sexual harassment and disability discrimination, following allegations made by disabled female nightshift janitors against their supervisor. The allegations are … disturbing:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, December 14, 2016
Santa Claus and child labor laws
While I was watching Rudolph the Red Nosed Reindeer with my family something struck me. The elves working in Santa’s Workshop manufacturing the toys looked awfully young. Is it possible that the North Pole lacks child labor laws? Is this how Santa keeps his costs down? After all, he needs toys for more than half a billion children.
So, what are Ohio’s child labor laws?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, December 13, 2016
Ohio set to maintain stable statewide minimum wage
Sub. S.B. 331 [pdf] is a reaction to efforts of the “Fight for 15” movement to create piecemeal minimum wage increases city by city. Recall that earlier this year, Ohio’s attorney general issued an advisory opinion that a municipal ordinance may not require an employer to by a to pay its employees an hourly minimum wage rate that is in excess of the statewide hourly minimum wage rate,which is fixed by Ohio’s Constitution. This bill clears up an ambiguity over this issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, December 12, 2016
Common sense (sort of) prevails in Ohio over gun-owner discrimination law
My Twitter feed absolutely exploded with confusion and outrage. Some of the better replies:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, December 9, 2016
WIRTW #441 (the “Burl Ives” edition)
Christmas carols and the Old 97’s are two things that make me very happy. Do you know what makes me happier? When the Old 97’s sing a Christmas carol.
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Thursday, December 8, 2016
Ohio set to elevate gun ownership to a protected employment class #TerribleIdea
How do you get conservative lawmakers to agree to add a protected class to an employment discrimination law? Focus on protecting on gun ownership, apparently.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, December 7, 2016
7 tips to avoid the holiday party nightmare
’Tis the season for workplace holiday parties. It a time to reflect on the past year and celebrate all your organization has accomplished. It is also a time to avoid liability, hopefully. A lot can go wrong at a holiday party.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, December 6, 2016
“Who needs the NLRB?”
Bloomberg BNA reporters Chris Opfer and Ben Penn asked this question in their weekly column of workplace musings: “Who needs the NLRB?” (a question I’ve asked myself more than once over the past eight years.)
Said Chris Opfer:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, December 5, 2016
A $15 minimum wage is not without consequences #fightfor15
The “Fight for 15” movement is taking notice:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, December 2, 2016
WIRTW #440 (the “muzak” edition)
Earlier this week I had a conference call with a client, an event which I repeat dozens of times per week. This particular client uses UberConnect as its conference call provider. I’ve never used UberConnect before, I know nothing about it, and I am certainly am not endorsing it. I am, however, endorsing its hold music. I was the first participant to dial in, and was prepared for a few moments of smooth jazz for my listening non-pleasure. Instead, I got this song, “I’m on Hold,” by Alex Cornell, one of the company’s founders, who wrote the song specifically for this purpose.
Kudos to any company that thinks outside the box and tries something different to make the mundane a little less so.
Here’s what I read the past two weeks:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, December 1, 2016
Will the 7th Circuit ban LGBT employment discrimination?
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Wednesday, November 30, 2016
Federal court denies injunction against new OSHA retaliation rules
Stan Musial, Wade Boggs, Rod Carew, Honus Wagner, Jimmie Foxx, Joe DiMaggio. Six of the greatest hitters in the history of baseball. And all ended the careers with batting averages under .333. If you’re a baseball player, one out of three places you among the all-time greats. If you’re the Department of Labor, however, it’s not so good.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 29, 2016
“Perceived” national origin discrimination may not be illegal, but…
Lost in the maelstrom of the last week’s FLSA overtime rule injunction was the news that the EEOC issued updated enforcement guidance on national origin discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 28, 2016
As sure as today is Cyber Monday, your employees are shopping from work
Today is Cyber Monday, the biggest online shopping day of the holiday season. In fact, it is estimated that today will be the biggest online shopping day ever, with over $3.36 billion in sales.
And, guess what? Given that most of those doing the shopping will be spending the majority of their prime shopping hours at work, from where do you think they will be making most of their Cyber Monday purchases.
Consider these statistics, pulled from CareerBuilder’s 2016 Cyber Monday Survey:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 23, 2016
With the new overtime rules DOA, what now for employers?
Yesterday I promised myself a blogging vacation until after the Thanksgiving holiday. And then Judge Amos L. Mazzant III dropped the biggest employment law story of the year by enjoining the DOL’s new overtime rules.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 22, 2016
BREAKING: Federal judge grants nationwide preliminary injunction against FLSA overtime rule
Consider this the judicial equivalent of a Hail Mary, or full-court buzzer beater, or a bottom-of-the-9th, 2-out grand slam.
Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas has just issued a preliminary injunction enjoining the DOL’s impending December 1 change to the FLSA’s white-collar salary test.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Dropping some wage and hour wisdom on turkey giveaways
One law firm for which I used to work provided each staff member an annual Thanksgiving turkey as a holiday thank you to its employees. With the hindsight of two decades of employment-law experience, here’s my question—should the fair market value of that turkey been included in the employees’ regular rate of pay? Because if it was, the company would have to include its value in the calculation of employees’ overtime rates.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 21, 2016
Some workplace haiku to start your week #haikuatwork
Lately, the news has been so grim, with elections, and overtime rules, and data breaches, and federal agencies that over-step and over-reach. I figured, why not start the holiday week with some levity.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 18, 2016
WIRTW #439 (the “Texas teardrops” edition)
It’s been a bad week for the Department of Labor in Texas, and it could get a whole lot worse before the month is over.
On Wednesday, U.S. District Judge Sam Cummings issued a permanent injunction preventing the DOL from implementing its controversial persuader rule.
Also this week, the Texas federal judge hearing the U.S. Chamber of Commerce’s challenge to the DOL’s impending overtime rule change (set to take effect Dec. 1) announced that he will issue a ruling by Nov. 22 on whether to enjoin the new white-collar salary threshold. Stay tuned.
If both cases go employers’ way, the DOL will definitely be crying Texas tears over its Thanksgiving turkey.
Here’s what else I read this week:
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Thursday, November 17, 2016
Federal judge takes NLRB to task for rules that protect racist and sexist workplace misconduct
Of all of the decisions the NLRB has handed down in the past eight years, those that let striking employees lob racists and sexist bombs at replacement workers crossing picket lines are the most offensive to me.
Consolidated Communications v. NLRB (D.C. Cir. 9/13/16) is one such case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 16, 2016
The newest threat to your cybersecurity? Your lunchroom appliances
Dinner is always a bit of cluster in my house. We are a home of two working parents, and, with music lessons and band rehearsals three nights a week, it seems that we are always scrambling for our evening meal. More often than not, we end up eating out, which is neither good for our wallets nor our waistlines.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 15, 2016
What happens to the new FLSA salary test under President Trump?
The one employment-law question I’ve been asked most since waking up last Wednesday to the reality that The Donald will be The President (aside from, “How did this happen,” and for that I direct you to John Oliver’s excellent 30-minute soliloquy of an answer from his Sunday night HBO program—warning, language NSFW) is, “Does this mean that the new FLSA salary test won’t go into effect?”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 14, 2016
Employee’s misuse of medical leave grounds FMLA claim
Employers often tread too cautiously when handling employees on FMLA leave. Despite this caution, courts will to side with an employer that terminates an employee after uncovering abuses of FMLA leave.
Case in point? Sharif v. United Airlines (4th Cir. 10/31/16).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 11, 2016
WIRTW #438 (the “White House” edition)
I heard that there was this huge meeting at the White House yesterday.
#TheChamps #youthoughtiwastalkingabouttrump #JRputashirton
Here’s what I read this week.
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Thursday, November 10, 2016
How do we heal at work after this election season? [Updated]
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 9, 2016
Federal court recognizes LGBT employment discrimination as illegal under Title VII
It’s been more than a year since the EEOC first announced that it would accept LGBT-discrimination charges as sex-discrimination charges under Title VII. Last week, the EEOC finally got a federal court to agree with its position in a LBGT-discrimination-is-sex-discrimination lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 8, 2016
EEOC on Wellness Programs and EEO-1s
The EEOC has posted webinar recordings of two significant new rules: Wellness and EEO-1 requirements.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 7, 2016
We measure salaries for FLSA exemptions weekly, not annually
An article entitled, “Obama overtime-pay rule prompts changes, requires loans, as Ohio universities adapt,” which ran last week on Cleveland.com, caught my eye. The articles discusses how universities are struggling with the impending salary-test change to the FLSA’s various overtime exemptions.
The article links to a communication plan published by the University of Cincinnati [pdf], discussing how the new salary test will impact its salaried employees. This is what the university is telling its employees:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 4, 2016
WIRTW #437 (the “Elevate HR” edition)
Elevate HR is the largest virtual HR conference in the world. And, for the second straight year, I am thrilled to be one of the more than 50 industry leaders chosen to present.
I’ll be discussing a vitally important, yet too often overlooked, issue — Cybersecurity for HR. In this session, you will learn the most important steps you can take right now to train your employees on effective cybersecurity awareness, to place your company in the best position to protect against a costly data breach.
Join me and other industry for Elevate 2016 on November 10th. Because it’s a virtual conference, you don’t even have to leave the comfort of your desk. And the best part? It’s100% free.
Register now!
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 3, 2016
Employers, do not ignore obvious disability accommodations
An employee must ask for ADA accommodation to receive it.That is, an employee must ask for an accommodation unless the employee’s need for an accommodation is so obvious that the employer cannot reasonably turn a blind eye toward it.
Case in point? Kowitz v. Trinity Health (8th Cir. 10/17/16).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 2, 2016
Time off from work to vote
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Tuesday, November 1, 2016
Don’t forget the fluctuating workweek for your salaried nonexempt employees
Are you still struggling with how to handle your currently exempt employees who, one month from today, will earn less than $913 per week? If you have a salaried employee, no matter what they do on a day-to-day basis, if he or she earn less than $913 per week, beginning December 1 that employee will be non-exempt no matter what.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 31, 2016
Feds publish a Halloween trick for employers
Have you seen Worker.gov? It is a how-to manual for employees to file charges with the full gauntlet of federal labor-and-employment agencies―EEOC, NLRB, OSHA, and DOL Wage-and-Hour Division.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 28, 2016
WIRTW #436 (the "Purdy good music" edition)
Norah and Rhett |
So with no knowledge or preconceived expectations, we settled into our front-row seats at The Kent Stage to see Joe Purdy, and we were blown away. His positive message, clever lyrics, and dry wit completely entertained us.
“An example,” you ask? Here’s Joe performing an unrecorded track about his 4th grade girlfriend, Laura Wilson. If you listen closely at 1:37, you’ll hear me drop my iPhone, followed by an embarrassed, “Dad...!” from Norah, and Joe stopping the song to chat to us, amused by the whole interaction.
Check out Joe Purdy if he comes through your town. You won’t be disappointed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 27, 2016
The White House challenges states to reform non-compete agreements
This week, the White House announced a call to action to reform non-compete agreements [pdf]. Instead of proposing sweeping federal legislation, it is asking each state to pass non-compete reforms. This call to action comes on the heels of a joint White House/Treasury Department report [pdf] issued this past spring addressing the use, issues, and state responses to non-competition agreements.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 26, 2016
OSHA doubles down against retaliation
OSHA has had a busy October.
First, it announced that it has delayed enforcement, until December 1, of the anti-retaliation provisions of its injury and illness tracking rule.
Second, even though OSHA keeps delaying these rules, it continues its efforts to educate employers and employees about them. On October 19, OSHA published both a memorandum and example scenarios interpreting these new anti-retaliation provisions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 25, 2016
Just because it might be legal doesn’t make it right
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Monday, October 24, 2016
Lessons from a job interview
Last week, Steven Colbert conducted a mock job interview for President Obama. During the course of the interview, he asked the President questions that referred both to his age and the national origin of his birth.
Oops.
What lessons can employers learn from these few moments of late-night frivolity?
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Friday, October 21, 2016
WIRTW #435 (the "spare time" edition)
How do you spend your down time? What do you do when you’re not working? Me? I blog, and I play roadie for Norah and Donovan. If you happen to work as an animator at Pixar, you craft emotionally compelling and visually stunning short animated films. Like this one.
Borrowed Time from Borrowed Time on Vimeo.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 20, 2016
Is social recruiting discriminatory?
Yesterday, I noted that the EEOC is examining the impact of “big data” on how employers reach employment decisions.
Looking at an issue and doing something about it, however, are two entirely different animals. I wonder what business the EEOC has looking at this issue at all. The EEOC’s mission is to eliminate discrimination from the workplace. Certainly, there is no claim that neutral data points intentionally or invidiously discriminate based on protected classes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 19, 2016
EEOC reiterates its enforcement priorities for the next four years
Earlier this week, the EEOC announced its updated Strategic Enforcement Plan for 2017 – 2021. So, what issues must employers have on their radar? From the EEOC’s press release:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 18, 2016
OSHA publishes final rule on whistleblower complaints under the Affordable Care Act
As I’ve previously documented in this space, OSHA does a whole lot more than just regulate workplace safety. Its other responsibilities include enforcing the anti-retaliation whistleblower protections of a veritable alphabet soup of federal laws.
One such law is the Affordable Care Act (aka, Obamacare). And, just last week OSHA published its final rule on whistleblower complaints under the Affordable Care Act, available for download as a pdf here.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 17, 2016
Billy Bush, harassment, and employer liability
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Friday, October 14, 2016
WIRTW #434 (the "Fruity Tunes" edition)
In the name of equal time, I present the set from Donovan’s recent School of Rock performance. His band—Fruity Tunes—played a tight five song set, and even features Donovan taking some vocal responsibilities on Beck’s E-Pro.
While he’s still developing as a musician, there is no doubt that he loves the stage and performing. And, if the crowed leaves entertained, who cares if you miss a few notes here and there, right?
Here’s what I read this week.
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Thursday, October 13, 2016
Lawsuit highlights the risk of unpaid training time
Employment Law 360 reports that Hawaiian Airlines has been sued by a group of employees claiming that their mandatory unpaid 10-day customer service training course violated the Fair Labor Standards Act.
According to court papers, trainees learned things like federal regulatory requirements and how to use a standard airline software system. … The suit claimed the Fair Labor Standards Act and state law required trainees be paid at least minimum wage “because, among other things, attendance was mandatory, the course material was related to the trainee’s job, and attendance was during regular working hours.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 12, 2016
Atoning for employers’ biggest sins #employmentsins
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Tuesday, October 11, 2016
Court rules employers cannot take overtime credit for paid lunches
The Fair Labor Standards Act does not require paid lunches for employees. Indeed, quite to the contrary, the FLSA provides that meal breaks (presumptively defined as breaks of more than 20 minutes during which the employee is totally relieved of his or her work duties) can be unpaid.
What happens, however, to an employee’s overtime compensation if the employer pays an employee for non-working lunches? Is the employer entitled to use the extra compensation for the paid lunches to offset other overtime compensation?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 10, 2016
From the archives: The art of the apology
Then I saw Mr. Trump’s non-apology, and I had my theme.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 7, 2016
WIRTW #433 (the "I feel love" edition)
Today, I thought I’d share some recent love the blog has received around the interweb.
First up, Feedspot’s Top 100 Legal Blogs, which ranks yours truly at number 34 overall, and the top labor and employment law blog.
Next, Northeast Ohio’s ERC, which included me on its recent list of the Best HR Blogs (as the lone legal blog).
Third, Justipedia, which lists me as one of the Top Employment/Labor Attorneys to Follow on Twitter.
Finally, The Expert Institute nominated the blog as one of 2016’s best litigation blogs. If you’re inclined, you can even jump over and vote to move me up the list.
Thank you to each of these resources for including me. Each contains a plethora of blogs and tweeters that are worth checking out. I know I found some new resources to follow, and I’m confident you will too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 6, 2016
NLRB takes one on the chin in appellate decision
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Wednesday, October 5, 2016
Don’t ignore unpaid leaves as a reasonable accommodation
Two recent EEOC lawsuits (here and here) illustrate the risk employers continue to take when they deny unpaid leaves of absence to employees as a reasonable accommodation under the ADA.
http://dilbert.com/strip/2015-10-21 |
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Tuesday, October 4, 2016
EEOC lawsuit highlights risk of dealing with prescription medications in the workplace
So, what then does one make of this story from Employment Law 360, describing a recent lawsuit the EEOC filed against Georgia medical practice?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 3, 2016
Why the DOL’s federal contractor paid sick leave rules matter for all employers
Last week, the Department of Labor rolled out its final regulations mandating paid sick leave for the employees of federal contractors. According to the DOL, Once fully implemented, more than one million employees of federal contractors will be covered. At the highest of levels, the rule mandates that covered workers earn up to 56 hours (7 work days) of paid sick leave annually. Notably, the rule does not apply retroactively, and only applies to new federal contracts and replacements for expiring contracts on or after January 1, 2017.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 30, 2016
WIRTW #432 (the "Hotel Norha" edition)
This what one’s happy place looks like |
Two things stand out for me. First, I love when Norah gets to sing and play guitar simultaneously, which she did on one of my all time favorites, Hotel Yorba. Secondly, I love how Norah is no longer just on stage singing or playing some songs, but is transitioning into an entertainer, cognizant of the fact she is, in fact, putting on a show for an audience.
Judge for yourself. Here’s the best 14:03 from the shows.
Here’s what I read this week.
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Thursday, September 29, 2016
Will OSHA’s new whistleblower rules invalidate your settlement agreement?
When an employer presents an agreement to an employee ancillary to the separation of that employee’s employment, or settles a claim asserted by an employee, part of the bargain for which the employer is paying is finality. Yet, over the past couple of years, the federal government has made this finality harder and harder to achieve.
Confidentiality, non-disparagement, and other “gag” provisions in employee separation and settlement agreements have been under attack by various federal agencies, including the EEOC and the NLRB. Now, OSHA also has joined the fray.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 28, 2016
The most expensive bottle of orange juice ever
I’ll let the EEOC explain it’s own magic:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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