The adverse action standard for retaliation is low (but not this low)

The legal standard for an “adverse action” to support a claim for workplace retaliation is pretty low. How low? According to the Supreme Court, an adverse action sufficient to support a claim for retaliation is any action that would dissuade a reasonable worker from complaining about discrimination.

But, is does it reach this low? In Bien-Aime v. Equity Residential (S.D.N.Y. 2/22/17), a federal court concluded that two managers’ general rudeness towards the plaintiff, which started only after the plaintiff filed a civil rights complaint, stood as a sufficient adverse action to support his retaliation claim.

Job descriptions count (but not as much as you think) in ADA cases

Donald Bush worked as a chef manager for Compass Group. According his written job description, his duties included routinely lifting more than 10 pounds. Bush informed his employer that he suffered from rapidly progressing cervical/thoracic spondylosis (a degenerative back condition), and requested a transfer to a less physically demanding job. Ultimately, Compass Group fired him because his illness prevented him from heavy lifting of over 50 pounds.

So, who wins Bush’s disability discrimination claim? Bush (based on the 10 pound limit in his job description), or Compass Group (based on its estimation of the practical realities of his job’s lifting requirements)?

WIRTW #455 (the “God’s not in the restaurant biz” edition)

Two years ago I reported on a lawsuit the DOL filed against Akron, Ohio, televangelist Ernest Angley, alleging he employed unpaid volunteers in his church’s for-profit buffet restaurant. The judgment is in, and it’s not good news for Mr. Angley. U.S. District Judge Benita Pearson, in a scathing opinion [pdf], has ordered him and his church to pay employees more than $388,000 in damages (half for unpaid wages and half for liquidated damages).

Reverend Angley would suggest that Church members had an obligation to provide their labor to the Buffet, in service to God, and that a failure to offer their labor to the Buffet … would be the same as failing God. … Reverend Angley would thus coerce Church members into agreeing to volunteer at the Buffet. …  Reverend Angley thus used “scare tactics/bullying” and made “people feel bad” for not working at the Buffet. … Reverend Angley preached that he was God’s prophet, and saying “no” to Angley would be tantamount to saying “no” directly to God. … Reverend Angley also preached that repeatedly saying “no” to God or failing God ultimately leads to a person “blaspheming against the Holy Ghost,” which meant that the individual’s connection to God has been lost and was irredeemable. … 

The Buffet is a commercial, for-profit institution in competition with a number of other commercial eateries in its immediate vicinity. … Defendants stress the alleged religious purpose served by the Buffet and its ability to provide low-cost meals. … But they undoubtedly achieve those low prices, at least in part, by circumventing wage laws and maintaining a workforce that is largely unpaid. … Indeed, Reverend Angley admitted that the Buffet reverted to using volunteers as a cost-saving measure. … 

Seems like the correct result to me.

Here’s what else I read this week:

Social media may distract employees, but should we care?

I posted this from work yesterday

Earlier this week, I asked when employees will learn that online comments can, and will, be used against them. There is another half to the workplace-social-media equation—employers, who have the task of regulating their employees’ use of social media, which happens more and more in the workplace.

Yesterday, Cleveland reporter Olivia Perkins discussed a recent survey, which found that nearly 90 percent of employees access personal social media accounts at work, to varying degrees of distraction.

New surveys reveal that most employees favor paid leave and flexible schedules

America remains the only industrialized nation that doesn’t mandate some level of paid maternity and/or family leave for employees. Meanwhile, while the FMLA provides 12 weeks of unpaid leave, many will tell you that benefit is woefully inadequate for employees. Indeed, more than 40 percent of employees are not covered by the FMLA and are not eligible to take FMLA leave.

http://dilbert.com/strip/2013-05-10

Thus, the results of a recent survey conducted by the Pew Research Center should surprise few.

When will employees learn that online comments can, and will, be used against them?

Business in the front, party in the rear

I’ve recently given two different speeches discussing the balance between an employee’s privacy and an employer’s right to know. One of the themes of this talk is that social media has irreparably blurred the line between one’s personal persona and one’s professional persona, and employees best be careful with that they say online, because employers are watching and holding them accountable.

Case in point? Buker v. Howard County (4th Cir. 3/20/17) [pdf].

Bring me the head of employment at will

At his always excellent Connecticut Employment Law Blog, Dan Schwartz recently asked the following question: “What Does ‘At Will’ Employment Really Mean?”

Dan argues that while employment at will is still a valid legal doctrine, if a judge or jury cannot view your termination as “fair”, then they will look for another (illegal) justification for your decision. That examination may not go your way.

WIRTW #454 (the “Oxford comma, the results” edition)

Damn, does the Oxford comma have some traction. I can’t recall the last time a case as mundane as O’Connor v. Oakhurt Dairy lit up the internet. But it did. And I got curious—just how do people feel about the l’il ol’ Oxford comma. So I asked. And you responded, by the hundreds. You spoke loud and clear. You don’t just like the Oxford comma, you love it.

There you have it. By a margin of more than nine to one, the Oxford comma wins. As for the other eight percent, please step into the 21st century and start dropping in that comma before the “and” in your serial lists.

Here’s what I read this week:

The 8th nominee for the “worst employer of 2017” is … the cancerous boss

“Jon, you write a management-side blog. Why are you running a contest to find the worst employer of 2017?”

Because of employers like this one (via Courthouse News):

SCOTUS takes largely meaningless swipe at Obama’s NLRB legacy

Lafe Solomon

There is little doubt that under President Obama, the NLRB reinvented itself into an agency about which all employers must pay attention. One can trace much of this reinvention back to Lafe Solomon (a man with whom I once shared an NRP microphone), the NLRB’s acting general counsel from June 2010 through October 2013.

Yesterday, however, in NLRB v. SW General, Inc. [pdf], the Supreme Court held that Mr. Solomon’s tenure from January 5, 2011, through October 29, 2013, was unlawful, as it violated the Federal Vacancies Reform Act of 1998 (FVRA).

EEOC offers sage advice on following checklists for harassment compliance

Last June, the EEOC issued a comprehensive, bi-partisan report on harassment in the workplace. The report’s stated purpose was to “reboot workplace harassment prevention efforts” by focusing on efforts employers can take “in designing effective anti-harassment policies; developing training curricula; implementing complaint, reporting, and investigation procedures; creating an organizational culture in which harassment is not tolerated; ensuring employees are held accountable; and assessing and responding to workplace “risk factors” for harassment.”

One such tool the EEOC provided was a series of four checklist for employers to use to create an effective harassment prevention program.

• Leadership and accountability.
• Anti-harassment policies.
• Harassment reporting systems and investigations.
• Compliance training.

Swapping DNA for lower insurance costs is one wellness step too far

It is no secret that health care costs for employers and their employees are out of control. Many employers have attempted to hold down these rising costs by offering wellness-program incentives. The EEOC has signed off on these programs as legal as long as employee participation remains voluntary, which the agency defines as financial incentives for employee participation at or below 30 percent of the cost of coverage. Thus, employees have a choice—participate in the wellness program, or pay a surcharge of up to 30 percent.

One area that has remained off limits for employers under these wellness programs, however, has been genetic testing and other personal and family medical histories. A new bill moving through the House of Representatives, however, aims to change that.

WIRTW #453 (the “Oxford comma” edition)

Who knew that the l’il ol’ Oxford comma was so controversial? I would have never dreamed that yesterday’s post on the importance of its omission in a wage/statute would generate so much feedback, or that people feel so passionately about its use or non-use. In fact, it was my most shared and talked about post since my takedown of Trump’s first immigration ban.

To gauge exactly how you feel about the Oxford comma, I’ve designed a quick, one-question survey. Take a moment, and click “yes” or “no” on whether one should use the Oxford comma when writing.

Create your own user feedback survey
I’ll publish the results in the coming weeks.

Here’s what I read this week:

For want of an Oxford comma

Vampire Weekend once asked, “Who gives a f__k about an Oxford comma?” The answer, apparently, is the 1st Circuit Court of Appeals, a whole lot.

In O’Connor v. Oakhurt Dairy [pdf], that court reversed the dismissal of an overtime lawsuit based on the absence of a Oxford comma in a list of activities that qualify for a certain exemption under Maine’s wage-and-hour law.

The 11th Circuit’s odd LGBT-discrimination decision

Late last week, the 11th Circuit Court of Appeals, in Evans v. Georgia Regional Hosp. [pdf], held that Title VII does not protect sexual-orientation discrimination per se, and that to sufficiently plead such a cause of action under Title VII, one must allege facts sufficient to establish that the employer discriminated based on non-conformity with sex-based stereotypes. 

As such, this decision directly conflicts with the formal position of the EEOC (a priority that EEOC Commissioner Chai Feldblum announced will not change under President Trump), and expected decision by the 2nd and 7th Circuits.

Inclement weather policies should prioritize safety over productivity

Snow day! Norah went to bed with PJs on backwards last night (and received her wish; now please use your time wisely to work on homework). Donovan is going to be pissed because tonight’s Mathmagic night at school (which he was really looking forward to) will be cancelled. And me? I’m enjoying some flexibility by working from the comfort of my kitchen island. If the storm forecast holds as predicted, however, I'll be giving myself lots of extra travel time tomorrow morning for a court appearance. #lawyerlife

What about your business?

The 7th nominee for the “worst employer of 2017” is … the “trump”ed up termination

Last Friday, Attorney General Jeff Sessions asked for the resignation of 46 U.S. attorneys. Those that refused have been fired.

The fact that the current administration is cleaning its Justice Department house by turning over personnel appointed by the prior administration is not notable. Washington bureaucracy is run by the party-in-charge, and right now that means that President Trump is calling the shots on whom he employs and doesn’t employ. For example, Attorney General Janet Reno took similar steps in the early days of President Clinton’s administration.

WIRTW #452 (the “coffee house” edition)

Do you like acoustic guitar, Green Day, and a 10-year-old girl that is way too cool to be my daughter combining the two? If so, then this video, recorded last week at my kids’ school, is for you.


Here’s what I read this week:

The 6th nominee for the “worst employer of 2017” is … the double-booked recordkeeper

Yesterday’s nominee for the Worst Employer of 2017 may not end up as the last employer standing when I tally the votes at year’s end (at least according to some of the comments and tweets I received). Today’s nominee, however, should receive more universal support (or disgust, as the case may be).

How many sets of time and pay records should you keep on your employees? For your sake, I hope your answer is not any number greater than “one”.

The 5th nominee for the “worst employer of 2017” is … the no-pets-for-vets policy

The EEOC recently sued a Florida trucking company for disability discrimination, alleging it failed to accommodate, refused to hire, and retaliated against a job candidate because he used a service dog. (Complaint here [pdf])

So far, so bad. But it gets worse. From the EEOC:

SCOTUS reverses decision to review transgender bathroom case

Yesterday, the Supreme Court reversed an earlier decision that would have heard the appeal of a 4th Circuit opinion granting a transgender boy the right to use the bathroom of his identified gender.

The decision comes on the heels of the Trump administration’s policy change [pdf], which revoked the Obama administration’s guidance that protected the bathroom rights of transgender students in public schools.

Lessons from a ransomware attack

CNN reports that a ransomware attack has locked the computer network of the Pennsylvania Democratic Caucus. This is what we call a teachable moment.

What is ransomware? Ransomware is malicious software that locks one's computer or network until a sum a money is paid, at which point the cybercriminal provide a code to unlock the system. If the ransom is not paid with a set timeframe, they will wipe the data. And, any organization that relies on access to data, and cannot afford to lose access to that data at any time, is the prime target of a ransomware attack. Does that sound like your business?

WIRTW #451 (the “Graveyard Whistling” edition)

Thank god we got these guitars.

In this devil of world.

Turn it up make a little noise. 

– Old 97’s, “Irish Whiskey Pretty Girls”

So declare the Old 97’s on one of the more raucous tracks on their latest album, Graveyard Whistling, the band’s 11th studio effort. I’ve been turning it up and making noise since its release one week ago.

President Trump utters the phrase “paid family leave,” but what does it mean?

My administration wants to work with members in both parties to make childcare accessible and affordable, to help ensure new parents have paid family leave.

These were the words of President Trump during his joint address to Congress this past Tuesday night. While the administration has said little else about this “paid family leave” plan, Ivanka Trump, who has made this a priority to address in her dad’s administration, has given us some insight.

U.S. Chamber calls for common sense restoration of the NLRB … and I couldn’t agree more

To say that I have not felt overly optimistic about our nation’s course over next four years would be a bit of an understatement. One area, however, about which I am very optimistic is the expected retooling of the National Labor Relations Board.

This week, the U.S. Chamber of Commerce’s Workforce Freedom Initiative published a comprehensive report outlining the areas of federal labor law that the NLRB must address to restore balance to the workplace.

Can a hug create a hostile work environment? According to this court, yes.

Edward Prieto, the sheriff of Yolo County, California, likes to hug his co-workers … a lot. According to Victoria Zetwick, a county correctional office and the plaintiff in Zetwick v. County of Yolo (9th Cir. 2/23/17) [pdf], during the 12 years they worked together, Prieto hugged her hundreds of times. Zetwick also claimed that during that same time frame, Prieto hugged several dozen other female employees, but never male employees. Others, however, testified that Prieto also hugged me, just not as frequently as women. Zetwick alleged that a result she found it difficult to concentrate, and that she was constantly stressed and anxious about Prieto’s touching, which she believed had sexual overtones.

I birthed a rock star

On Friday, Rhett Miller, lead singer of my favorite band, the Old 97’s, and undoubtedly one of the good guys, held a Reddit AMA. I asked him what he knows now that he wishes he knew when he started in the music business over 25 years ago. His answer included this gem:

The important thing is that THE WORLD NEEDS MUSIC. And there will always be folks (like your sweet daughter) who will make that music!

Saturday night, my sweet daughter made that music, and then some.

Norah (age 10)

WIRTW #450 (the “Kurt” edition)

Earlier this week, Kurt Cobain would have turned 50 years old. Uncoincidentally, also earlier this week Norah stepped in for an absent bandmate to sing lead on the song that made Kurt Cobain and Nirvana a household name, “Smells Like Teen Spirit”. I think Kurt would have approved.

And some video - Smells Like Teen Spirit. Love the energy and how much fun the kids are having on stage.

A post shared by Jon Hyman (@jonhyman) on Feb 20, 2017 at 4:01am PST

This Saturday night, I’ll be at the Rock & Roll Hall of Fame, watching this band kill it in front of thousands as part of the High School Rock Off Final Exam. They are scheduled to hit at 9:25. Tickets are only $12, and include admission to the Rock Hall. It a great night watching the best the area’s school-aged musicians.

Here’s what I read this week.

What’s good for the goose … NLRB protects employee’s Facebook post critical of his union

It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not only protects anti-employer comments, but also anti-union comments. Thus, it would make sense that the NLRB would conclude, as it recently did in International Union of North America, Local Union No. 91 [pdf], that section 7 protects an employee who posts on Facebook comments critical of his labor union.

“If I could press a button and instantly vaporize one sector of employment law?” (redux)

Nearly six years ago, Walter Olson, writing as his Overlawyered blog, asked the following question:

“If I could press a button and instantly vaporize one sector of employment law…”?

This was my answer:

"A Day Without Immigrants" protests followed by days without work for fired employees

Last Thursday, in protest against President Trump’s immigration policy, people nationwide participated in “A Day Without Immigrants.” As part of the protest, many businesses closed their doors to show what our nation would look like without immigrants. In addition, many immigrants simply did not go to work.
As a result, many now find themselves unemployed.

Paw-ternity leave is a great idea, but please don’t forget about us humans

This is Loula, our vizsla.

We love our dog. And, when we brought her home four summers ago, it was a great benefit to our family that my wife had yet to return to work. She was home for Loula’s first two months, to acclimate her to our house and family. What if, however, you lack the luxury of not working during your puppy’s first few weeks at home?

BrewDog, a Scottish brewery set to open up in Columbus this Spring, has your answer—paw-ternity leave.

WIRTW #449 (the “do-over” edition)

Whether you are left or right, blue or red, liberal or conservative, Democrat or Republican, it’s hard to argue that the first 28 days of POTUS 45 have been anything other than a dumpster fire. It culminated over the past 48 hours with Trump’s bizarre press conference, and withdrawal of his nominee for Labor Secretary, Andy Puzder.

And then Trump did something amazing. He nominated someone eminently qualified to run the Department of Labor. Alexander Acosta will become the next Secretary of Labor. What do you need to know about Secretary-to-be Acosta?

• He served a well regarded term on the National Labor Relations Board from from 2002 to 2003.
• He is a former Assistant Attorney General for the Civil Rights Division of the Department of Justice, where, among other acts, he defended the civil rights of American Muslims.
• He is a former Supreme Court clerk and former U.S. Attorney
• He is currently a law school dean.
• Once confirmed, he will become the first Hispanic-American member of Trump’s cabinet, bringing some much needed diversity to the table.

Mr. Acosta should sail through the confirmation process. 

Bravo, President Trump. You and I have had a rough four weeks. This decision, however, is exemplary. Can you please make more decisions like this one?

Here’s what I read this week:

Andy Puzder, Trump’s pick for Secretary of Labor, withdraws

Late yesterday, news broke that Andy Puzder, Donald Trump’s pick for Secretary of Labor, had withdrawn his name from consideration, just one day before his oft-postponed confirmation hearing was to take place.

The 4th nominee for the “worst employer of 2017” is … the callous non-accommodator

This is Michael Trimble.

Originally from Ukraine, Michael was born without arms as a result of birth defects resulting from the Chernobyl nuclear disaster. He rides a modified bike designed specifically for him and his disability. He is extraordinarily inspirational.

He is also now unemployed.

Valentine’s Day at work

I am a Valentine’s Day scrooge. Yet, for someone who goes out of his way to avoid this forced and commercialized celebration of love, I’ve sure written about it a lot over the years. So, for today’s post, let’s take a jaunt back through the February 14(ish) archives, to examine the intersection of V-Day and the workplace.

Will new EEOC Chair usher in sweeping changes?

With a change in administrations comes a change at the head of various federal agencies, including the Equal Employment Opportunity Commission. The agency’s new chairperson, Victoria Lipnic, an EEOC Commissioner since 2010, is a Trump appointed Chairperson. So, with an eventual Republican-majority EEOC, will she undo the pro-employee policies of the Obama Democratic majority EEOC of the past eight years?

WIRTW #448 (the “promo” edition)

On February 22, I will be co-presenting a free CLE-eligible webinar for LexisNexis, entitled, “Employment Law: Five Areas to Watch in 2017.” The webinar runs from 2 - 3:35 pm EST.

My topics are LGBT discrimination claims and NLRB for non-union companies. I will also chime in on the other three topics (wage-and-hour, FMLA, and cyber security). It promises be be an excellent event.

Did I mention it’s free? Registration is open and available here.

Here’s what I read this week:

“It’s not fair”

Watch this, and then let’s talk about the word fair.

Is your company protected from insider cyber threats?

I’ve previously suggested that your employees are your company’s weakest link, and therefore, your greatest threat to suffering a cyber-attack and resulting data breach. While employee negligence (that is, employees not knowing or understanding how their actions risk your company’s data security) remains the biggest cyber risk, another is growing and also demands your attention—the malicious insider.

Dark Reading reports on a recent survey, entitled, “Monetizing the Insider: The Growing Symbiosis of Insiders and the Dark Web.”

How to defend *not* granting leave as a reasonable accommodation

Medical leaves of absence continue to confound employers. Under the ADA, an employer must consider an unpaid leave as a reasonable accommodation. An unpaid leave of some limited duration, however, will be reasonable in most cases.

When is an employer free to deny an employee’s request for a leave as an ADA accommodation? Let’s examine Williams v. AT&T Mobility Services (6th Cir. 1/27/17) for an answer.

The 3rd nominee for the “worst employer of 2017” is … the direct discriminator

Our next nominee for the Worst Employer of 2017 is the defendant in Mayes v. WinCo Holdings (9th Cir. 2/3/17) [pdf]—WinCo, a Bosie, Idaho, supermarket chain.

The plaintiff, Katie Mayes, a night-shift supervisor, was fired for taking a stale cake from the store bakery to share with fellow employees after management allegedly gave her permission to do so. That, however, is not what earned WinCo the nomination. Instead, it’s what the court found Mayes’s direct supervisor expressed about her (yes, her) belief about a woman running the night-shift:

WIRTW #447 (the “Gorsuch” edition)

Did you hear that Donald Trump appointed 10th Circuit Court of Appeal Judge Neil Gorsuch to fill to SCOTUS seat vacated by the death of Antonin Scalia? What have some of my blogging friends had to say about this appointment? Glad you asked.

• Gorsuch’s extra-judicial writing and speeches — via SCOTUSblog
• What President Trump’s Supreme Court Nominee Means for Employment Law Cases — via Jason Shinn’s Michigan Employment Law Advisor
• I wonder how Trump’s nominee, Neil Gorsuch, might decide a SCOTUS leave-accommodation ADA case. — via Eric Meyer’s The Employer Handbook Blog
• SCOTUS Nominee ‘Excellent’ Choice for Employers — via HR Daily Advisor
• Daily Trumpdate: Gorsuch seems to care about real people — via Robin Shea’s Employment & Labor Insider
• Judge Gorsuch is not Friendly to U.S. Workers — via San Antonio Employment Law Blog
• Where Does Gorsuch Stand on Tech and the Law? — via Technologist

Here’s the rest of what I read this week:

Ohio again tries to restore sanity to its bonkers employment discrimination law

It was almost one year ago to the day that I penned, Now is the time to restore balance to Ohio’s employment discrimination law: Endorsing the Employment Law Uniformity Act. I wrote:

For lack of more artful description, Ohio’s employment discrimination law is a mess. It exposes employers to claims for up to six years, renders managers and supervisors personally liable for discrimination, contains no less than four different ways for employees to file age discrimination claims (each with different remedies and filing deadlines), and omits any filing prerequisites with the state civil rights agency.

Last year’s attempt at this sanity restoration, Senate Bill 268, died at the end of 2016 with the expiration of the last legislative session.

Thankfully, however, House Bill 2 has resurrected this attempt. (And, yes, the irony that today is Groundhog Day is not lost on me.)

Does the FLSA cover unpaid “gap time”?

As we all should know, the Fair Labor Standards Act requires that employers pay non-exempt employees overtime at a rate of one and one-half times the regular rate of pay for any hours worked in excess of 40 in any given work week. And, it provides a remedy for an employee to sue for unpaid overtime (among other remedies).

What about gap time? “What is gap time,” you ask? It’s employment-law speak for unpaid straight time. Does the FLSA authorize a court to provide a remedy for unpaid straight time (for example, off-the-clock work that does not break the 40-hour weekly threshold)? Or, does the FLSA only authorize back pay for unpaid overtime?

Unions membership is up in Ohio; is your business prepared?

Union membership numbers for 2016 are out, and while most employers should be encouraged, Ohio employers might think otherwise.

In Ohio, the percentage of workers belonging to unions is at 12.4 percent, up 0.1 percent from 2015. Nationally, union membership sits at 10.7 percent, down 0.4 percent from 2015. In other words, Ohio’s union representation is both greater than, and growing faster than, the national average.

Trump’s un-American travel ban and the workplace

I’ve had an internal debate all weekend long over whether I should blog about Trump’s executive order that that bans immigration from seven Muslim countries, suspends refugees for 120 days, and bars all Syrian refugees indefinitely. Ultimately, I decided that if you are not part of the solution you are part of the problem, and this issue is too important to remain silent. I choose to be on the correct side of history.

If you are a staunch defender of the President who does not care to read an opposing view, I suggest you stop reading now, and come back tomorrow for a more benign post. Or, better yet, post a comment and let’s have an intelligent debate about this issue. And, if you choose to unfollow or unfriend me because of my opinion, you are more than welcome to do that too. This is still America, and I respect your right to have an opinion even if I disagree with it. I hope, however, that you show me and my opinion the same respect and patriotism that I would show you and yours.

WIRTW #446 (the “I wish I wrote that” edition)

Every now and again, someone writes a blog post that I wish I had written. This week brought us one such post.

• Could “The Last Jedi” Actually Be Practicing Religion in Your Workplace? | Connecticut Employment Law Blog — via Dan Schwartz’s Connecticut Employment Law Blog

For what it’s worth, I titled Dan’s post better than he did:

The headline to my blog post that I WISH I had written. https://t.co/AsgqvhEmFF

— Dan Schwartz (@danielschwartz) January 24, 2017

These aren’t the Title VII claims you’re looking for #EpisodeVIII #TheLastJedi @starwars https://t.co/fxQImbF6u1

— Jon Hyman (@jonhyman) January 24, 2017

---

In other news, this week President Trump named Philip Miscimarra acting head of the National Labor Relations Board. Here are three reasons employers should rejoice at this appointment.

• Philip Miscimarra is mad as hell, and you should be too!
• Is it time for a new NLRB rule on handbook policies?
• Did the NLRB do more harm than good by permitting teaching and research assistants to organize?

---

Here’s what else I read this week:

The 2nd nominee for the “worst employer of 2017” is … the recorded retaliator

Our next nominee for the Worst Employer of 2017 comes from my very own backyard—Cleveland Hopkins International Airport.

Here in Northeast Ohio  take our snow removal very seriously, especially (we hope) at the airport, where an icy or snow-covered runway could cause disaster. In 2015, airfield manager Abdul Malik-Al complained to his bosses about his belief that the airport did not sufficiently support its winter-weather crews. Those comments led to the FAA levying a $200,000 fine against the airport.

Make password security a priority for your employees in 2017

Do you know the top 10 passwords used to “secure” enterprise-connected devices in 2016? Sadly and unsurprisingly, here they are, along with how long it would take it would take a computer to crack each (and hack into said device and network):

Andrew Puzder’s view of women should disqualify him as Secretary of Labor

On Saturday, millions worldwide (2.6 million, according to USA Today) marched for women’s rights. On February 2, the Senate Health, Education, Labor and Pensions committee will hold its confirmation hearing for Labor Secretary nominee Andrew Puzder.

“What does one have to do with the other,” you ask? Consider this—

On the news: Hyman on reckless employee tweets and our new President

Last Thursday morning I received a call from Mike Brookbank, a reporter for WEWS, our local ABC affiliate. “I saw your quotes on Money.com on how to post on social media about President Trump without losing your job. I’m pitching a similar story for tonight’s news. Care to be interviewed?”

WIRTW #445 (the “dynamic duo” edition)

Last weekend was School of Rock weekend for the Hyman family. My kids showed a packed club what they’ve been working on for the past four months.

Norah never disappoints when she performs (or in life, for that matter). Some 10 year old girls play sports, some dance, some cheer ... mine just kicks ass.

Witness the power of a three-song selection from her Power Trios show, about which I heard whispers was one the best shows any of the three Cleveland-area Schools of Rock has ever done.


Not to be outdone, Donovan made his singing debut a few hours prior. I give the kid a ton of credit. He had a nervous meltdown before leaving the house that afternoon. With a lot help from Mom (and a little from Dad), he composed himself, stood up in front hundreds of strangers, and sang his heart out (complete with dance moves) on The Beatles’ I Saw Her Standing There.


The encore performance is this Sunday (Jan. 22) at Brothers Lounge. Donovan should take the stage around 4 p.m., with Norah to follow at 5:30.

Here’s what I read this week:

A not-so-subtle reminder about the need for cybersecurity training

I feel like I’ve written a lot lately about the need for cybersecurity training for employees (for example, here, here, and here). Yet, as long as employees keep opening unknown emails and clicking on strange links, we need reminders of why this training is necessary. And, just this past week, the Cleveland Metropolitan School District offered a great teachable moment.

OSHA suggests employer best practices for anti-retaliation programs

The Occupational Safety and Health Administration has published recommended best practices to protect from retaliation employees who report workplace safety or other concerns under any of the 22 statutes OSHA enforces.

The document, entitled, Recommended Practices for Anti-Retaliation Programs [pdf], outlines five key elements of an effective anti-retaliation program:

Pets in your workplace? Assess the risks and draft a policy.

A reader recently emailed the following question:

Some people need service dogs to get to work. But many more simply want to take their dogs to work. What is the protocol? What are the HR rules on this? And what are the penalties for illegally taking a dog to work?

Are you thinking about opening up your business to employees’ pets? You will find very few resources on the internet to help. And, you will need a written policy before you allow pets in. Here are some considerations: