Wednesday, July 11, 2018
The 13th nominee for the “worst employer of 2018” is … the murdering manager
Today's post is a lesson in how not manage a poor performing employee.
Believe it or not, it's generally considered poor employee management to attempt to motivate employees by causing them serious physical harm. It's even worse when that serious physical harm results in an employee's death.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 10, 2018
Brett Kavanaugh, Supreme Court Justice?
The pick is in. Brett Kavanaugh is President Trump's nominee to replace Justice Kennedy on the Supreme Court.
What type of Justice will Kavanaugh be? No one really knows for sure. All we can do is read his past appellate opinions, and hypothesize.
The opinion I'm offering for your consideration is Ayissi-Etoh v. Fannie Mae, a 2013 racial harassment case that asked the question of whether one isolated yet severe incident of discriminatory conduct — "Get out of my office n***er" — can suffice to establish a hostile work environment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 9, 2018
No, you can't require your employee to work during an FMLA leave
Today, I examine a question I receive all too often — can an employer require an employee to work during an FMLA leave?
So as not to bury the lede, the answer is pretty strong no.
To examine this issue, let's take a look at Lay v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 5/29/18).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 6, 2018
WIRTW #513 (the “Murica” edition)
I've been reflecting this week about what it means to be American.
We used to welcome tired, poor, huddled masses, yearning to breathe free. Now we lock their children in cages.
We used to foster global democracy with our allies. Now we shun our allies and cozy up to those who seek to undermine democracy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 3, 2018
The 12th nominee for the “worst employer of 2018” is … the soulless supervisor
I did not intend to run back-to-back "worst employer" nominees. And then I received this reader submission (thanks Suzanne Lucas).
The headline says it all:
Manager fired after her callous texts with a mom whose son is on life support go viral
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 2, 2018
The 11th nominee for the “worst employer of 2018” is … the supervisor supremacist
Last week, I asked why anyone is still using the N-word.
Which brings us to today’s nominee for the Worst Employer of 2018, which apparently did not receive the “Thou shalt never use the N-word, ever!” memo.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 29, 2018
WIRTW #512 (the “war pigs” edition)
I spent last Saturday night at Crocker Park, in Cleveland's western suburbs, watching Fake ID rock that luxury shopping mecca harder than I dare say it's ever been rocked before.
I could have watched Norah and her bandmates play all night long. I had to settle for an hour and 40 minutes of dad-pride.
Including this one—a scorching cover of Black Sabbath's classic, "War Pigs."
Here's what I read this week:
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Thursday, June 28, 2018
As our workforce ages, age discrimination is only going to worsen
Happy Golden Birthday, Age Discrimination in Employment Act.
On June 13, 2018, the ADEA turned 50.
To commemorate this milestone, the EEOC just released a report entitled The State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in Employment Act (ADEA).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 27, 2018
Court upholds Postal Service's termination of employee over fear of "going postal"
What do you do when you learn that an employee may pose a risk of violence to your workplace?
Does your opinion change if you learn this information on the eve of the employee returning from a leave of absence for depression or other mental illness?
Mitchell v. U.S. Postal Service (6th Cir. 6/21/18) answers these questions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 26, 2018
Netflix demonstrates it has zero-tolerance for the N-word
Netflix has fired one of its top executives for his use of the "n-word" at work.
According to The Hollywood Reporter, sources say that Jonathan Friedland, Netflix's (now former) chief communications officer allegedly used the n-word in a meeting with other Netflix staffers, in which they were discussing the use of sensitive words in public relations communications. Friedland then allegedly exacerbated the problem by again using that word during a meeting with two of the company's African-American HR employees counseling him on the original incident.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 25, 2018
Keep an eye on this 8th Circuit LGBT-discrimiation case
The 8th Circuit Court of Appeals has been asked to decide if Title VII expressly protects gay, lesbian, and bisexual employees.
The case—Horton v. Midwest Geriatric Management—involves an individual who lost his conditional job offer after, he claims, the owners of the company discovered his sexual orientation.
The 8th Circuit will be the 5th federal circuit to rule on this issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 22, 2018
WIRTW #511 (the “dads” edition)
- For Working Dads, Workflex Works — via Next Blog
- Why Workplaces Need to Be Fairer to Working Dads — via Harvard Business Review
- Five fun facts about fathers (in the workplace) — via Robin Shea’s Employment & Labor Insider
- Fathers Day offers a chance to ponder the disadvantages faced by many working dads — via Insight
- 2018’s Best & Worst States for Working Dads — via WalletHub
- Stay-At-Home Dads Still Struggle With Diapers, Drool, Stigma And Isolation — via NPR
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 21, 2018
Should we require drug testing as a condition for unemployment benefits?
This is the question posed by Ohio House Bill 704.
Let's be clear. This law, if enacted, would not require drug testing as a condition for all applicants for unemployment benefits. Only those—
- for whom there exists reasonable cause to suspect the unlawful use of a controlled substance; and
- whose most recent employer fired because of the unlawful use of a controlled substance.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 20, 2018
EEOC sees no #MeToo uptick in harassment filings, but…
Earlier this month, the EEOC reconvened its Select Task Force on the Study of Harassment in the Workplace. One fact that came out of the agency’s meeting is that, according to Acting EEOC Chair Victoria Lipnic, the EEOC has yet to see an increase in sexual harassment charges in response to the #MeToo movement.
I do want to mention one other point that we have been frequently asked here at the EEOC - and that is - “have you seen an uptick in charges filed alleging harassment?” - sometimes, people ask, specifically about sexual harassment charges being filed with the agency?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 19, 2018
Sometimes a cigar is just a cigar, and sometimes your employees make porn at work
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 18, 2018
“Incredibles 2” is an incredible movie about working parenthood
Being a working parent is all about sacrifice. Not always being there for the small stuff. It might mean missing your daughter’s first date. Or not helping your son figure out his math homework. Or not experiencing your baby’s first word (or exhibition of superpowers).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 15, 2018
WIRTW #510 (the “communication breakdown” edition)
“Best Band I’ve ever heard!”
“You kids Rocked best band I’ve seen in long time. I would pay to see Fake ID again WOW”
“Could of listened to u all day. VERY IMPRESSED!”
“I was blown away by your talent! Very impressive!”
These are just a few of the comments made by folks who saw Fake ID play a killer hour-long set over the Memorial Day weekend at Ohio Bike Week. (I agree with all of the above comments, but I’m also a bit biased.)
If you are looking for something to do next Saturday evening, head to Crocker Park, in Cleveland’s western burbs, and check out Fake ID, which will be playing a free show from 5:30 – 7. They’ll be rocking the square in front of the Regal Cinema.
Here’s a taste of what you’ll see, from Ohio Bike Week.
Here’s what I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 14, 2018
The 10th nominee for the “worst employer of 2018” is … the whitewasher
White only
If I told you that an employee hung this sign inside his workplace, you might think I was talking about 1950’s Mississippi.
I’m not. It’s 2018 Sacramento, California.
That alone would be enough to earn this employer (Vivint Solar) a nomination as the worst employer of 2018, but it’s just the tip of the racist iceberg.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 13, 2018
Is technology the answer to your employees’ mental health problems?
The world was rocked last week, first by the suicide of Kate Spade and then by that of Anthony Bourdain. American suicide rates have skyrocketed, up 30 percent since 1999, emblematic of the larger mental-health epidemic we are facing.
Many point to the isolationism and perfection seeking created by our personal technology devices (and the social media they feed to us) as one the main causes of this epidemic.
But what if the analytical power of these devices could actually alert us to mood changes and create an earlier awareness of an impending personal mental-health crisis?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 12, 2018
The legality of pre-certification communications with potential class members
Your nightmare as an employer has just become your reality.
A disgruntled former employee has launched a wage and hour class action lawsuit against you.
You’d like to get out ahead of the game by having your lawyers start marshaling your evidence. For example, they’d like to interview employees and gather affidavits in opposition to the eventual motion for class certification.
But can they?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 11, 2018
NLRB clarifies its new employee handbook rules
Late last year, in Boeing Co., the NLRB rewrote more than a decade of precedent by overturning its Lutheran Heritage standard regarding when facially neutral employment policies violate the rights of employees to engage in concerted activity protected by section 7 of the National Labor Relations Act.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 8, 2018
WIRTW #509 (the “he did not just say that” edition)
CNN reports that billionaire real estate magnate Sam Zell recently said the following while speaking at a real estate investment trusts trade association:
Thank you, Sam Zell, for being “Exhibit A” of why my job here is far from over.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 7, 2018
Can and should you ban employee phone use at work?
Last night, the fam packed up the Hyman-mobile and headed out to see Jack White. It was my 7th time seeing him in any of his incarnations (White Stripes - 4; Raconteurs - 1; Solo - 2, if you’re counting), and he never disappoints. This time, however, was different in one key aspect. Jack has banned all phones from his tour. That means no in-venue selfies, no grainy photos or crunchy videos, and no one staring down at a five-inch screen instead of watching the artist on stage. It was a different, and pleasant, way to experience a concert in 2018, an experience I had not had in what feels like a decade. Instead of at least partly focusing on my phone, I focused 100 percent on the artist and his performance.
Which begs the question: can and should you ban cell phones at work?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 6, 2018
Why is Paid Family Leave So Controversial for America?
Today, I’m happy to share my latest publication. It’s an op-ed in Workspan Magazine titled, “Why is Paid Family Leave So Controversial for America?”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 5, 2018
When losing is really winning: SCOTUS rules in favor of bakery in gay wedding cake dispute, but…
A lot of digital ink has been spilled in the last day decrying the Supreme Court’s ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission as a win for the religious right and a step backward for LGBT rights. I was guilty of a little Twitter hyperbole myself after a quick first scan of the opinion.
Also, this does not give me a ton of hope that #SCOTUS will get LGBT employment issues right when that issue reaches them.
Then I sat down and read the opinion.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 4, 2018
The greatest book ever written about labor relations is…
Last week I came across an article entitled, “Business Wisdom From 10 Classic Children’s Books.” Its premise is that books with the simplest language often contain the most complex ideas, and that children’s books offer us a whole lot of real-world business wisdom.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 1, 2018
WIRTW #508 (the “last day of school” edition)
Today is the last day of school. My almost 7th grader is so ready for summer break. Call it middle school burnout. My almost 4th grader? Not so much. He’s already prepped me for a waterfall of tears and dragging him out of school later this morning. At least he looked happy waiting for the bus.
Here’s what I read this week:
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Thursday, May 31, 2018
Everything you need to know about shredding documents when faced with litigation: DON’T DO IT
If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song called “Shredding the Document,” you are in for a very, very bad litigation day.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 30, 2018
Who is Otis Burke?
By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 29, 2018
Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”
Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thing’ for me, I’ll do something for your job.”
In Davenport v. Edward Jones & Co., the 5th Circuit held that a allegation of an unpaid bonus might not be enough to support an ex-employee’s sexual harassment claim under a quid pro pro theory.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 25, 2018
WIRTW #507 (the “12” edition)
Sunday is my daughter’s 12th birthday.
Happy birthday, Norah!
It's not easy being a pre-teen these days, especially as a girl. I know 11 was a hard year. And I can’t promise 12 (or 13, or 14…) will be any easier. Know that we love you, we are very proud of you (even when we’re giving you a hard time — clean your room 😉), and we are here for you no matter what, always.
Now go rock the rest of your years like you rocked the first 11.
Here’s what I read this week:
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Thursday, May 24, 2018
The 9th nominee for the “worst employer of 2018” is … the raging retaliator
Today, I take you to lovely Riverside County, California, home of Palm Springs, Joshua Tree National Park, the Coachella Music Festival … and the 9th nominee for the Worst Employer of 2018.
Until his termination on May 7, 2018, Andrew Yeghnazar had, since 2010, worked as the President of Blacoh Fluid Control, Inc.
What did Blacoh Fluid Control (allegedly) do to earn its nomination?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 23, 2018
Can (or should) OSHA regulate the NFL?
Sports blog Deadspin asks: What If The NFL Were Regulated By OSHA?
Well, Deadspin, I’m glad you asked. I answered this very question over three years ago.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 22, 2018
SCOTUS decision on class action waivers is not the epic win for employers it may seem to be
Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term, Epic Sys. Corp. v. Lewis [pdf]. The Court reconciled six years of debate between split federal circuits into a unified standard that permits the waiver of class actions via the compelled individual arbitration of employment disputes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 21, 2018
Harassment prevention MUST start at the top
If you did not watch 60 Minutes last night, you should. The last segment detailed pervasive and rampant sexual harassment by famed chef and tv personality Mario Batali.
And it laid much of the blame at the feet of the CEO of one of the restaurants in which Batali invested, The Spotted Pig, and its owners, Ken Friedman and April Bloomfield. The segment argues that Friedman and Bloomfield turned a blind eye to years of Batali’s sexual harassment of the female employees of their restaurant, and knowingly allowed it to continue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 18, 2018
WIRTW #506 (the “car … scratch … melt …” edition)
What’s your security blanket? That place you go when your soul needs a hug?
Mine is music.
Today, my security blanket grew a few sizes, because Peter Gabriel finally added his catalog to Spotify.
For many, their entrée to Peter was John Cusack, boombox aloft in Say Anything. My exposure was a half-decade earlier. Growing up in Philadelphia, I started each morning listening to John DeBella’s Morning Zoo on WMMR. And Peter Gabriel was its patron saint. So I was exposed to a lot of PG’s music in my formative years. My love for his art has never waned, even as my tastes have evolved in the decades since.
This morning, I could not wait to get in my car, plug in my phone, and fire up PG 1 (aka “Car”). I felt the slowburn of comfort as Peter sang about Moribund the Burgermeister (a decidedly dark tune about Sydenham’s chorea, historically and traditionally referred to as Saint Vitus‘ dance, a disorder characterized by rapid, uncoordinated jerking movements primarily affecting the face, hands and feet).
Don’t get me wrong; I love discovering new music (check out Courtney Barnett’s Tell Me How You Really Feel, out today). But when I need that security blanket, I always turn to the old favorites.
Here’s what I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 17, 2018
What should you do when ICE comes knocking
“Hi, I’m your friendly neighborhood Immigration and Customs Enforcement officer. Do you mind if I come in and take a quick look at your I-9 forms”
Yesterday I discussed the nuts and bolts of the I-9 form. Today, let’s take a look at what happens when Immigration and Customs Enforcement (ICE) audits your I-9 compliance.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 16, 2018
7 things employers must know about the I-9 Form
Photo by Nitish Meena on Unsplash |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 15, 2018
The easiest way to lose an employment lawsuit
Photo by Devin Avery on Unsplash |
Interested in your opinion on this.
The “this” in question was an $7.97 million verdict a jury in Fresno, California, entered in favor of a Chipotle manager fired for allegedly stealing $626 in cash from the restaurant’s safe.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 14, 2018
The ADA’s interactive process is always a two-way street
Photo by MelanieSchwolert via Pixabay |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 11, 2018
WIRTW #505 (the “birthday” edition)
This week I celebrated two milestones.
On May 9, the Ohio Employers Law Blog turned 11 (and after 11 years I finally dropped the apostrophe; grammarians, debate).
The day prior, Loula, our beloved family pet, turned 6.
Six is a milestone age for a dog in my family. I’ve never had a dog live this long. Flyer, my beagle, passed away at 5 from autoimmune hemolytic anemia. Zoey, our lab (and our “let’s get a dog before we have kids” dog), also passed away at 5 (you can read my obituary for her here).
Thus, we’ve waited with nervous anticipation for Loula to reach the age of 6, which she did on May 8.
It was certainly a day to celebrate. She kicked back with a dog-friendly cupcake (complete with candle, and which, for the record, my wife said tastes awful), while we humans ate ice cream and serenaded her with “Happy Birthday.”
Here’s what I read this week:
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Thursday, May 10, 2018
NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
Image by Max Goldberg via Wiki Commons |
I was astounded by NBC’s transparency. It is extraordinarily rare for a private company to release an internal investigative report of one of its employees. In fact, it runs counter to conventional wisdom that harassment investigations should be kept as confidential as possible under the circumstances. Perhaps the combination of NBC’s status as a news agency and the high profile nature of the allegations spurred its decision.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 9, 2018
Sympathetic does not always equal protected under the ADA
Photo by Pexels on Pixabay |
Today’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 8, 2018
Should employers still test for marijuana?
Photo by Michael Fischer from Pexels |
Ohio’s medical marijuana law does not require that employers accommodate employees’ lawful use of medical marijuana. It also permits employers still to maintain drug testing policies, drug-free workplace policies, and zero-tolerance drug policies.
Yet, with the lawful use of marijuana spreading, employers are asking if it still makes sense to test for it as part of pre-employment drug screenings.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 7, 2018
The 8th nominee for the “worst employer of 2018” is … the age discriminator
Today’s nominee for the Worst Employer of 2018 is Seasons 52, a national, Orlando-based restaurant chain.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 4, 2018
WIRTW #504 (the “once bitten, twice shy” edition)
Never in my life did I think that I’d ever attend a biker rally. Yet, three weeks from tomorrow, I’ll be in Sandusky, at Ohio Bike Week.
Why?
I’ll be watching Norah and her bandmates warming up the crowd for 80’s hair band Great White.
If you’re attending, please say hi. I’ll be the one without the motorcycle.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 3, 2018
THIS is how you reasonably accommodate a disabled employee
Photo by David Pisnoy on Unsplash |
Today, I thought I’d take a look at the brighter side—an employer that handled a tricky employee issue correctly.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 2, 2018
5.1 millions reason to keep religion out of your workplace
I’m thinking of starting a religion |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 1, 2018
No one should ever have to choose between their children and their job
Three female associates at Morrison & Foerster have filed an alleged $100 million class-action sex discrimination lawsuit against the firm. They claim that their employer “mommy tracks” lawyer moms working at the firm by denying them opportunities for advancement and higher pay.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 30, 2018
Hair discrimination; not a thing
Give me a head with hair, long beautiful hair
Shining, gleaming, steaming, flaxen, waxen
Give me down to there hair, shoulder length or longer
Here, baby, there, momma, everywhere, daddy, daddy
Hair, hair, hair, hair, hair, hair, hair, hair
Flow it, show it, long as God can grow it, my hair
Friday’s tongue in check post about the beauty of baldness got me thinking about hair and employment law.– “Hair”
Or, more to the point, can an employer run afoul of discrimination laws by making an employment decision based on one’s hairstyle?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 27, 2018
WIRTW #503 (the “bald is beautiful” edition)
I need to get something off my chest. An albatross I’ve carried since my teenage years. I’ve been crushed by the weight of success, intelligence, and sheer masculinity.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 26, 2018
The 7th nominee for the “worst employer of 2018” is … the pregnancy provoker
Kayla Edwards worked as a cashier for Aramark at its location in Gettysburg National Park.
In February 2017, Edwards became pregnant with her third child.
That’s when her troubles at work began, at least according to Edwards’ lawsuit [pdf] (filed earlier this week in federal court in Pennsylvania).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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