An argument for a more reasonable bereavement leave policy

I’ve been thinking a lot lately about death.

These past few days have been the first time I’ve had to deal with it on a family level as an adult. And there’s a lot to think about.

And it’s not just the grieving, and the crying, and the mourning.

It’s also time.

The 2nd nominee for the “worst employer of 2018” is … the arresting school board

There are lots of correct ways to respond to employee complaints.

Handcuffing and arresting the employee is most definitely NOT one of them. 

Yet, this is exactly what the Vermilion, Louisiana, school board did when a teacher, Deyshia Hargrave, tried to raise concerns at a board meeting about a proposed raise for her boss, Superintendent Jerome Puyau.

Thus, I have nominated this employer as the Worst Employer of 2018.

Sadness

We are incredibly sad today, as my mother-in-law passed away. Norah told me that her head was swimming and that she couldn’t process her emotions. I told her that while I couldn’t tell her how she should feel, I could share with her how I was feeling — sad, because I loved her and will miss her terribly, but also happy and blessed, because I got to have her as part of my life for the past 16 years.

A post shared by Jon Hyman (@jonhyman) on Jan 4, 2018 at 5:47pm PST

I’ll be back in the blogging mood sometime next week.

A real stinker of an ADA lawsuit

Amber Bridges, the former Lead Staff in the City of Indianapolis Magistrate Court, claims that her efforts to ease employees’ complaints about a co-worker's body odor got her fired.

When employees and staff members began to complain about the co-worker’s “chronic body odor,” Bridges installed air fresheners throughout the office.

Months later, however, the malodorous employee complained to her boss that the air fresheners created a hostile work environment. As a result, the City fired Bridges.

We have now entered the harassment-overreaction phase

When one of your biggest stars loses his high-profile job in one the year’s biggest sexual harassment scandals, how to you react?

With a brand new, and painfully detailed, anti-harassment policy.

The 1st nominee for the “worst employer of 2018” is … the holy harasser

The inaugural nominee for the Worst Employer of 2018 is a doozy.

I bring you (courtesy of the New York Post) the holy harasser.

The 12 Days of Employment Law Christmas (2017 edition)

For the past five Noels, I’ve concluded my posting year with “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again (with updated verses and links). If you’re feeling brave, post a video of yourself singing along.

(Some musical accompaniment)

Announcing THE WORST EMPLOYER OF 2017

The day has finally arrived. It’s time to announce the Worst Employer of 2017.

To remind you, we had three finalists in contention for this … honor:

Amid all of the sexual harassment concerns, let us not forget that other types of harassment exist

So much of the news lately has focused on sexual harassment, that it’s easy for one to forget that other types of harassment also exist.

For example, racial harassment.

Since we are but a week away from Christmas, I thought it appropriate to use a holiday-time example to illustrate.

NLRB restores sanity to its rules on employee handbooks and joint employment

Last week, the NLRB started making good on its promise to roll back some of its more controversial Obama-era reforms—its assault on employee handbooks and its liberalization of joint employment.

WIRTW #488 (the “all harassment, all the time” edition)

As you’ll see below, sexual harassment has become such a big story that it’s (sadly) earned it’s own headlining category in my weekly recap of What I Read This Week. I am looking forward to the day (hopefully sooner rather than later) when I can delete it.

For now, sexual harassment continues to dominate the headlines, both general and employment law. This week, I guested on the Talent 10x podcast to discuss sexual harassment at Work in a Post-Weinstein World.

Here’s what I read this week:

New OFCCP director inherits a criticized agency

If you are a federal contractor or subcontractor, the letters O-F-C-C-P hold real meaning for you. They stand for Office of Federal Contract Compliance Programs. It is the federal agency which ensures that employers doing business with the federal government (i.e., those holding federal contracts and subcontracts) comply with federal laws and regulations requiring nondiscrimination in employment, including their affirmative action obligations.

Yesterday, the OFCCP named Ondray T. Harris as its new Director.

Today is your last day to vote for the WORST EMPLOYER OF 2017

If you have not yet voted for the Worst Employer of 2017, your time is running very short. The polls close at 11 pm today.

Who is your favorite?

• The Cancerous Boss — company fires employee who needs a 10-day leave of absence for cancer surgery; tells him she doesn’t “need people with cancer working in her office”

• The Racist Boss — employer that gifts an African American employee a confederate flag purse as a Christmas gift after she had complained about harassment

• The Horny Head of HR — employer ignores employee’s complaints about the HR head’s lascivious conduct and inappropriate text messages; tells him, “I hope you’re not going to sue me,” while nibbling on his ear

Vote now at www.surveymonkey.com/r/worstemployer.

I’ll announce the big winner (or the big loser, depending on your perspective) next week.

Did you miss the Employment Law Year in Review webinar? Today is your lucky day.

Last week, I had the pleasure of presenting, along with four other “top employment law bloggers” (at least according to Corporate Counsel), plus the Evil HR Lady herself, Suzanne Lucas, a webinar entitled the “Employment Law Year in Review.”

Response was much higher than anticipated for this event, so much so that we had to turn people away. I hate turning people away.

So, we decided to make the webinar recording available for everyone to enjoy.

It’s not #MeToo that’s killing your office holiday party; it’s your workplace culture

Last week, Fox News host Laura Ingraham asked if the #MeToo movement is ruining the office holiday party.


“Is the #MeToo movement becoming a spoiler for this season’s Christmas parties? … I can see this year it might a little less festive. No alcohol and no fun and no lampshades and no nothing, and, I don’t know, maybe that’s better. Is this just killing all the fun of Christmas?”

WIRTW #487 (the “(no) regrettes” edition)

One of my absolute favorite things to do is taking Norah to concerts. 

Wednesday, I’m taking her to a punk show.

SWMRS / The Interrupters / The Regrettes.

I have no doubt that I will be one of the oldest people there, maybe by a couple of decades. And, I don’t care a lick.

I love their music. I love being able to experience it with my daughter. And I’ll continue to love doing it for as long as she wants to hang with Dad at a concert.

So, if you find yourself at the Agora Wednesday night, look for us up in front of the stage. That’s where Norah likes to be, and I’ll be bouncing right next to her.

And, if you don't know The Regrettes, check them out. They might be the opener, but they are the band I am most excited to see.


What do you do to keep yourself feeling young? Share in the comments below.

Here’s what I read this week:

I am honored to have been the first ever guest on the Hostile Work Environment podcast

Have you cast your vote yet for the Worst Employer of 2017?

Whether your answer is “Yes,” “Not yet”, or “What are you talking about,” I recommend you listen to the latest installment of the Hostile Work Environment podcast (available today).

I was honored be the first guest ever on what has quickly become one of my favorite podcasts. (Thanks to Marc and Dennis!)

New Year’s Resolutions — NLRB-style

Have you started thinking about your New Year’s resolutions for 2018?

The NLRB’s newly minted general counsel, Peter Robb, has, and employers will be very happy.

Is this the worst harassment training video of all time, or is it the best?

Much of the news lately has focused on how we, as employers, can do a better job training and otherwise educating our employees about workplace harassment.

So, I ask—is this parody the worst harassment training video of all time, or, is it so bad, that it’s actually the best training video?


I think I’m leaning towards the latter—that this video is so brilliant in its awfulness that it might just make a really good training tool, or least part of great compliance and education program.

What do you think?

Share your thoughts in the comments below.

Our harassment laws are not the reason for our sexual harassment problem

Last week, the New York Times ran an Op-Ed titled, Boss Grab Your Breasts? That’s Not (Legally) Harassment.

It argues that our lax sexual harassment laws, and the courts that apply them, are responsible for our current workplace harassment problems.

WIRTW #486 (the “all apologies” edition)

Accused of sexual harassment? Don’t know what to do?

Thankfully, the Celebrity Perv Apology Generator has you covered.

Example?

As the father of daughters, I am deeply ashamed (but not “sorry” because that means I’m guilty of something). At the time I believed that my sociopathic manipulation of the 22-year-old in my office was consensual, and of course now I realize my behavior was wrong. In conclusion, I will get the help I so desperately need because this isn’t actually my fault, I have a problem so I’m not responsible for my actions.

(I’ll take this over Matt Lauer’s “apology” 10 times out of 10; at least this one is honest.)

Thank you, Dana Schwartz, Rob Sheridan, and Scott McCaughey, from bringing some much needed levity to an otherwise awful situation.

Here’s what I read the past two weeks:

How not to harass women, in one easy step

Last night we went to dinner at our favorite local restaurant. Donovan ordered his favorite dish—gluten free penne alfredo. He is not a great eater. Usually, despite this dish’s “favorite” status, he will eat two bites and proclaim, “I’m full.” Last night, the general manager, who was covering chef duties, decided to have a little fun at D-Man’s expense. Instead of a full plate of pasta, he sent a small dish with two lonely noodles. We howled. Donovan was not amused. We explained that sometimes teasing is an expression of affection, which was the category into which this little joke fell.

I’m happy to report that Donovan got over the good-natured joke, and, for the first time I can recall, cleared his full plate (after it was delivered to the table).

That was funny.

What’s not funny?

The Worst Employer of 2017: The Finalists

I started this journey all the way back on January 12, 2017, in a post discussing an employer who fired a man absent while attending his son’s birth.

This poll of the year’s worst employers seemed like a fun way to illustrate how employers shouldn’t act. Your response suggests that I might be on to something.

Almost one year and nearly 600 votes later, we’ve cut the 23 nominees down to these three finalists (in alphabetical order):

In the spirit of #GivingTuesday, here are 7 considerations for your charitable donations policy

Today is Giving Tuesday, a global day of charitable giving, which symbolically kicks off the season for those who choose to focus their holiday and year-end giving.

How does your company support employees’ charitable endeavors?

Timing is everything when defending a retaliation claim

Miriam Valle worked as a ticket agent for Frank Martz Coach Company, until it fired her on January 27, 2016.

Two weeks prior, she had advised her immediate supervisor, Edward Steltz, that she needed to apply for FMLA leave for breast cancer surgery. Martz approved the leave to begin on January 19, and was scheduled to return to work on January 25 following her surgery. Complications pushed that return dated back by four days. Before she could return, however, Martz fired her following an investigation into complaints by co-workers that she had made violent threats (allegations which Valle denied).

In Valle v. Frank Martz Coach Company (M.D. Pa. 11/16/17), the court denied the employer’s motion for summary judgment and held Valle’s FMLA retaliation claim for trial.

Today is your last day to vote in the preliminary round for the “Worst Employer of 2017”

Today is your last day to vote in the preliminary round for the “Worst Employer of 2017.”

Voting in the cut-down round has been robust, with nearly 600 votes cast to date.

That said, there have been three clear leaders since day one.

Yet, several others are within a few votes of squeaking into the finals.

So, what are you waiting for? If you haven’t voted, click here and vote.

Polls close at 11 pm, and will re-open next Wednesday for one final round of voting on the three (or more?) finalists.

Your employees are your brand ambassadors; train them accordingly

“Dad, can you take me to the craft store?”

My 6th grader has a diorama due the day after Thanksgiving break.

So, off Norah and I went to the craft store last night.

Employees that allegedly take an employer’s stuff without authorization don’t win discrimination cases, but might win defamation cases

Jason Shann worked as the Enterprise Desktop Management Team Leader in the IT department of Atlantic Health System. He also suffered from tinnitus, a crackling and buzzing noises in his left ear caused by an Eustachian tube dysfunction. His tinnitus would flare up unpredictably, and, as it worsened, it caused him to suffer anxiety and depression.

As a result, he applied for, and was granted, a 21-day FMLA leave, and intermittent leave thereafter upon his return to work. Despite the intermittent FMLA leave, his tinnitus continued to worsen. Ultimately, he decided to take short-term disability leave, which he intended to role into long-term disability and retirement. 

Prior to leaving Atlantic Health, the company discovered that he had “removed” a plethora of computer assets from his workplace. According to the police report, he took four laptops, one iPad, three hard drives, one portable DVD-R/RW and RAM Drive, one mouse, and an AC adapter for one of the laptops. The company also discovered that he had used unauthorized third-party software to overwrite more than 27,000 files on the one hard drive he left at his desk.

WIRTW #485 (the “what I’m listening to this week” edition)

A few weeks ago I listed my five favorite podcasts, and asked you for some suggestions to add to my listening queue.

Had I waited a month, Hostile Work Environment would have topped the list.

Each week, Marc and Dennis will bring true stories of wacky, grotesque, and just plain bizarre workplace happenings. And while we hope that you find these cases as interesting and amusing as we do — and laugh along with us in the telling — make no mistake, we’ll also be bringing analysis and legal discussion of those cases.

Two episodes in, they have not disappointed. You cannot go wrong discussing an employee’s fear of the mark of the beast, or a company that disciplines poor performers by spanking them with yard signs.

If you’re reading this, I know you’re an employment law and HR nerd (it’s okay to admit it; I came to grips with it a long time ago). Do yourself a favor a jump over to hwepodcast.com, or your podcast app of choice, and queue up the first two episodes. I guarantee that your daily commute will thank you for it.

Here’s what I read this week:

Work stress and the ADA

I’ve been thinking a lot lately about stress, and the anxiety it can, and often does, cause.

Stress induced anxiety can cripple someone. According to the Anxiety and Depressions Association of America:

• 72 percent of people who have daily stress and anxiety say it interferes with their lives at least moderately.
• 40 percent experience persistent stress or excessive anxiety in their daily lives.
• 30 percent with daily stress have taken prescription medication to manage stress, nervousness, emotional problems, or lack of sleep.
• 28 percent have had an anxiety or panic attack.

What happens, however, when the thing inducing the stress and anxiety is the workplace itself? What are an employer’s obligations under the ADA to accommodate this mental health disorder?

It’s amazing what one finds while packing

Yesterday afternoon, I received the following email from a co-worker:

To: Office All
Subject: Pardon the office all email 

I am sure you all have found interesting things that you had completely forgotten as you cleaned up your workspaces. I have no idea where I obtained this, but I hope you find it as funny as I did.

Announcing “The Employment Law Year in Review” Webinar

Do you enjoy webinars?

Do you have an affinity for six of the internet’s top labor and employment law and HR bloggers coming together to present said webinar?

Do you desire SHRM and HRCI credits?

Before you answer, what if told you all of the above is FREE.

Then what are you waiting for? Click here, now.

How do we start to STOP sexual harassment?

www.pinterest.com/pin/202802789447314070

Harvey Weinstein, Kevin Spacey, Louis CK, Mark Halperin, Bill O’Reilly, Roger Ailes … the list of men accused of sexual harassment and other sexual misconduct seems to know no end.

I very much hope that we have reached the beginning of a cultural watershed against sexual harassment in America. Which is undoubtedly a good thing, especially when you consider a recent Washington Post survey reporting that nearly one-third of women have received an unwanted sexual advance from a co-worker.

All of which begs the question … if sexual harassment is so prevalent in the American workplace, how do we start having a conversation about how to stop it?

WIRTW #484 (the “happy place” edition)

What’s your happy place?

Where do you take your mind when you’re just having a bad day, when you have to deal with that employee, when a client chews you out (I know, that never happens), or when you otherwise need a mental breather from the world and all of its evil and other craziness?

Mine is watching my kids play music.

9.8 million reasons to consider transferring a disabled employee to a vacant position

Photo by Taber Andrew Bain
Licensed via Creative Commons 

Earlier this month, American Airlines agreed to pay $9.8 million to settle a disability discrimination lawsuit brought by the EEOC.

The agency claimed that the employer’s return-to-work policy—which allegedly refused to consider transfers to open positions for disabled employees, but instead required the employees to apply for and compete for vacant position upon their return to work—violated the ADA.

What’s the worst employee exit you’ve ever seen?

There is a right way to quit a job, and a wrong way to quit a job.

Last week, a Twitter employee demonstrated the worst of the latter.

Some lessons from the employee fired for middle-fingering Trump’s motorcade

Have your heard about Juli Briskman, the biker that flipped the finger to Trump’s passing motorcade?

https://twitter.com/julibriskman

Parental status discrimination is NOT a thing. But should it be?

I received some great feedback on LinkedIn on last week’s post on New York’s new paid family leave law.

That law grants paid leave for the same general reasons one can take unpaid leave under the FMLA. What it does not do, though, is create a new protected class.

Indeed, discrimination based on one’s status as a parent is, in and of itself, NOT illegal.

WIRTW #483 (the “tardy” edition)

I HATE being late. It’s my number one pet peeve.

It drives my family completely nuts. If I’m even one minute late for anything, I am a mess. For that reason, we are usually five minutes early for everything (which is perfectly okay by me).

I view tardiness as an issue of respect. When you are late, it tells others that you view your time as more valuable than theirs. To me, lateness equal selfishness, and I have little tolerance for the selfish.

Is New York the beginning of the end for America’s poor family leave laws?

My two working-parent family

It is freakin’ hard to be a working parent in America. It is even more difficult when both mom and dad work.

It’s not just childcare, but also doctors’ appointments, kids’ sick days, summer vacations, winter and spring breaks, Labor Days, Memorial Days, and all the other “Days” (and don’t get me started on “teacher in-service days”).

Beginning January 1, 2018, New York is implementing the start of solution for any employees that work in that state.

VOTE for the ‘Worst Employer of 2017’ — polls are open

The day for which you’ve waited all year has finally arrived.

It’s your opportunity to help pick the Worst Employer of 2017.

Apple employee gaffe illustrates risk posed by YouTube videos in protection of trade secrets

An Apple employee lost his job this week after his daughter, Brooke Amelia Peterson, posted a YouTube video of her dad’s brand new, unreleased iPhone X.

ReCode has the details:

Peterson posted a five-minute video of a September day in Silicon Valley, which mostly included shopping for makeup and clothing. Harmless, and not unlike other YouTube videos posted by teenagers. 

But then, in the video, she visits her father on Apple’s campus in Cupertino for what seems like dinner. As they munch on pizzas in the company’s cafeteria, Peterson’s dad hands her his iPhone X to test. That’s when YouTube viewers got about 45 seconds of footage of Peterson scrolling through various screens on the new design and showing off its camera.

Ohio lawmakers consider safe harbor for cybersecurity compliance

If the Equifax data breach hasn’t scared your company into cybersecurity compliance, Ohio lawmakers are considering dangling you a compliance carrot.

Senate Bill 220 [pdf], introduced earlier this month, would provide business a cybersecurity ‘safe harbor’ in exchange for compliance with the NIST Cybersecurity Framework (or other similar standard).

WIRTW #482 (the “a bet is a bet” edition)

It’s been a couple of weeks since baseball’s evil empire, otherwise known as the New York Yankees, knocked my beloved Cleveland Indians out of the playoffs.

I can’t say the pain has gone away, but seeing the Astros as the American League’s representative in the World Series helps an ever-so-small small bit.

With no risk of Yankees winning it all this year, it’s time I paid off a little bet I made with Dan Schwartz over the outcome of the Division Series.

God, this hurts. But, a bet is a bet.

Here’s what I read this week.

When should HR call its lawyer?

Yesterday, I read When is an Employee Issue a Legal Issue (and When Is it HR)?, written by Dan Schwartz on his always excellent Connecticut Employment Law Blog. Dan posits that there are some instances when a business almost always should get legal involved with an employee issue, such as when it receives a “lawyer letter”, receives service of an agency charge or lawsuit, needs to conduct a privileged investigation, or confronts a complex or novel legal issue.

I’d like to address this same question from a more macro level.

Not all swearing at work is created equal

According to a recent survey, 57% of American employees admit to swearing at work. (To me, that seems low. Also, count me in the “yes” column.)

Where is the line between swearing as harmless workplace banter and swearing as harmful unlawful harassment?

Consider these two examples.

Bill O’Reilly claiming victim status is WHY we have a harassment problem

Over the weekend, the New York Times reported that Bill O’Reilly paid $32 million to settle a claim of sexual harassment brought against him by a former co-worker.

Yesterday, in an interview with the New York Times, O’Reilly let his accusers have it:

It’s horrible what I went through, horrible what my family went through. This is crap. It’s politically and financially motivated. We can prove it with shocking information. We have physical proof that this is bullshit.

The 23rd nominee for the “worst employer of 2017” is … the cake boss

As we wind down the year toward voting to name the first annual “Worst Employer of the Year,” I thought I had all bases covered. Then I read this story on Buzzfeed:

This Teen Says Her Chili’s Manager Sexually Harassed Her, And Her Coworkers Threw A Party To Shame Her

WIRTW #481 (the “proof of concept” edition)

When a commenter starts his thoughts with “Hey faggot,” you know you have one for the internet-troll hall of fame.

A couple of months ago I wrote a post entitled, When You Discover That You Employ a Nazi. This post generated the above-referenced comment on Workforce.com (which cross-posts my blog daily).

The rest of this winning comment?

Thank you, Mr. Bryson, for proving my point. Let me also suggest (if you can stomach it) that you check out his account on Disqus.com, which exposes his views on a range of topics, including LGBTQ people, the Jews, and school shootings as false flags. For the record, he is con, con, and WTF?!

Here’s what else I read this week:

When is a break not a break under the FLSA?

The FLSA draws a pretty clear line as to when breaks must be paid, and when they can be unpaid.

If a break 20 minutes or less in duration, it must be paid. Any longer, and an employer can make it an unpaid break.

What if, however, instead of providing employees paid breaks, an employer installs a system of flex time—the employer only pays employees for the time they are logged onto its system, which maximizes employees’ ability to take breaks from work at any time, for any reason, and for any duration.

Does this “flex time” system of unlimited unpaid breaks pass muster under the FLSA?

No, you do not need a workplace emoji policy

I read a blog yesterday that asked the following question? “Do you need a workplace emoji policy?”

They say yes, I say an unequivocal no.

Weinstein case highlights problem of “ostriching” harassment

It’s been a busy few days in employment-law land, with the Harvey Weinstein sexual harassment case dominating the headlines.

What have we learned?

• Weinstein is an (alleged) (do I really need to add this qualifier?) serial harasser, maybe one of the worst in history.
• His misconduct was the worst kept secret in Hollywood, with even Courtney Love discussing it all the way back in 2005.
• The Weinstein Company, and the members of its board of director, are in deep, deep trouble for ignoring Harvey’s (alleged) wandering eyes, hands, etc.

There is no *good* reason to be anti-LGBTQ rights

Last week I presented a webinar entitled, “The Top 10 Employee Handbook Mistakes.”

I discussed, among other policies, missing at-will disclaimers, salary discussion bans, failing to define the FMLA leave-year, inflexible leave of absence policies, and omitted or ineffective harassment policies.

I also discussed anti-discrimination policies that ignore LGBTQ employment rights.

During the LGBTQ section of the webinar, I provided the legal background on the issue (Title VII is silent, some states and municipalities have acted, and the EEOC and federal courts have stepped up to otherwise fill in Title VII’s gap).

I then issued this challenge to the attendees—

“Be on the right side of history.”

WIRTW #480 (the “another Fake ID” edition)

Indulge me, as this morning I once again take off my employment-law blogger hat, and replace it with my proud dad / music blogger hat.

Fake ID had quite the successful opening weekend of music. They started last Saturday night rocking The Pond Ice Rink’s annual clambake (encore included), and finished Sunday afternoon as the talk of the Hiram House Camp Pumpkin Festival.

It was an absolute joy to watch this band perform (and not just because one of them happens to be mine). These kids rock hard, work harder, and love what they are doing.

As one fan described his “favorite cover band in town” — “Book them now for your holiday party before they get their driver’s licenses!”


Follow these kids on YouTube for more videos from this past weekend, like them on Facebook for information on future gigs, and follow them on Instagram for more videos and other photos.

Here’s what I read this week.

Do you know what to do when an employee dies on the job?

It’s news an employer never wants to deliver.

“I’m sorry, but your spouse (or partner, child, or other family member) had an accident at work and unfortunately passed away.”

But it happens. In fact, according to OSHA it’s happened 357 times already this year.

Indeed, it happened just yesterday, at Cleveland State University. A piece of sheet metal fell and killed a construction worker.

Jemele Hill story underscores employees lack of understanding about personal social media and work

Social media has irreparably torn down the wall that has historically separated one’s work life from one’s personal life.

Earlier this week, ESPN personality Jemele Hill learned this lesson the hard way.

It’s coming from INSIDE THE HOUSE: 12 steps for your employees to become cyber-aware

Do you remember the movie When a Stranger Calls?

The movie opens with a babysitter receiving a telephone call from a man who asks, “Have you checked the children?” She dismisses the call as a practical joke, but as they continue, and become more frequent and threatening, she becomes frightened and calls the police. Ultimately, she receives a return call from the police, telling her that the calls are coming from inside the house.

(Cue ominous music)

October is National Cyber Security Awareness Month. And, according to one recent study, employee negligence or other error is the cause of 41 percent of all data breaches. Your data breaches are coming from inside your house. The question is what are you going to do about it.

What to do when your Harvey Weinstein harasses your employees

By now you’ve likely heard about the decades of harassment allegations levied against storied Hollywood producer Harvey Weinstein. Over the weekend, his company, the Weinstein Company, fired him.

Will your board have the courage to do the same if your CEO / President / founder engages in the type of misconduct alleged against Harvey Weinstein?

WIRTW #479 (the “pod” edition)

I am recently back on the podcast wagon. For reasons that I never understood, I abandoned the platform as a media source a few years ago. But I’m back with a vengeance.

Here are the five podcasts to which I’ve been most listening lately (along with their official descriptions and my favorite recent episode of each):

Sometimes a banana is just a banana, and sometimes you're liable for harassment

An employee grabs a co-worker’s penis and pokes another employee with a banana protruding from the zipper of his pants.

Should the employer be liable for sexual harassment?

Well, it depends. An employer’s liability for harassment often hinges on whether the harasser is a “supervisor.”

Accommodating employees should be a common sense issue

I spent a high-school summer working on a warehouse loading dock. One of my co-workers was named Harland Jester. (I provide his name because he named his son “Court,” and this context provides the necessary color for the rest of the story.)

Four days in to my summer job, a co-worker pulled me aside and ask, “Did Harland get a hold of you yet?”

“Uh, no. Why?”

“Just wait.”

The 22nd nominee for the “worst employer of 2017” is … the wage absconder

Suppose you decide you are not going to pay your employees minimum wage and overtime required by the Fair Labor Standards Act. And let’s further say that the department of labor investigates your wage and hour practices and fines you to the tune of $1.95 million for the unpaid wages.

Do you—

1. Figure out how to pay the fine?
2. File bankruptcy and wrap yourself in its protections in an attempt to save as much of your assets as possible?
3. Transfer assets to family members to create an appearance of insolvency and inability to pay the fine?

Just try to curb your enthusiasm about this post on the ADA and attendance

On last night’s season-nine premier of HBO’s “Curb Your Enthusiasm,” Larry David was faced with this age old problem.

How does an employer handle an employee who skips work because she’s constipated?

Larry handled it by foisting his problem employee (his personal assistant) onto someone else.

What should you do?

WIRTW #478 (the “Fake ID” edition)

Norah has a small dry-erase calendar hanging inside her middle-school locker. And on that calendar, in the Friday block, she scribbled the words, “Fake ID”.

“Norah,” the Head of Middle School asked her, “why do you have ‘Fake ID’ written in your locker?” She reports that he seemed … concerned.

Bonus post today, because Roger Waters

If my 13-year-old self, sneaking off into the woods at sleep-away camp to listen to my bootlegged cassette of The Wall, could see me now…

When Roger Waters mentions your blog post from the stage, it merits a follow-up.

Trump flip-flops on LGBTQ workplace discrimination

“As your president, I will do everything in my power to protect our LGBTQ citizens.…”

Those were the words of then nominee Donald J. Trump at least year’s Republican Convention.

What’s missing from those words?

“…Unless you’re at work. Then you’re screwed.”

Yesterday, Trump’s White House announced that it will urge the 2nd Circuit Court of Appeals to rule that Title VII does not ban discrimination against gay employees. The court will decide whether, in that Circuit, Title VII’s definition of “sex” includes LGBTQ individuals. (The 7th Circuit has already says that it does.)

Are you tired of hearing me rant about this issue? Tired of hearing me tell you that it is shameful that in 2017 there still exists a group of people that the law does not clearly protect from discrimination? 

Well, I hope not. Because I’m going to keep doing it until this country WAKES UP and comes to its senses.

You can read my long history of support for LGBTQ workplace rights here.

7th Circuit rejects extended medical leaves of absence as ADA accommodation

Photo: speedpropertybuyers.co.uk/

“You’re FIRED!”

No, this post is not about a recent Trump rally; it’s about the end game to Severson v. Heartland Woodcraft, Inc., in which an employer terminated an employee unable to return to work after the expiration of his 12-week FMLA leave.

Updated: The 21st nominee for the “worst employer of 2017” is … the Whata(alleged)racist

It has been 53 years since Congress banned racial discrimination in employment. You’d think by now that all employers would know that you cannot hire an employee expressly based on their race.

Yet, how does one explain this lawsuit, recently filed against Whataburger?