Monday, September 16, 2019
Employee fired for stacking his intermittent FMLA leave with vacation days loses retaliation claim
Kevin LaBelle, a lab technician for Cleveland Cliffs, took occasional days off from work for approved intermittent FMLA leave for flare-ups related to a shoulder injury. His employer noticed that LaBelle seems to always take his FMLA leave by combining it with scheduled days off and vacation days.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 13, 2019
WIRTW #568 (the “work songs, vol. 1” edition)
Today, I thought I’d take a look at some of the best songs ever written about working. Here are my first five. (These are not necessarily the “top 5,” and are not in any particular order; they are just the five that came to mind.)
- “Working Class Hero” — John Lennon
They hate you if you’re clever, and they despise a fool
Till you’re so fucking crazy, you can’t follow their rules
A working class hero is something to be
A working class hero is something to be
- “9 to 5” — Dolly Parton
No matter what they call it
And you spend your life
Putting money in his wallet
Working 9 to 5
What a way to make a living
- “Longer Than You’ve Been Alive” — Old 97’s
And if you offer me an office, I’d have to pass
But our jobs are all jobs, and sometimes they suck
I love what I do, and I’ve had pretty good luck
- “Takin’ Care of Business” — Bachman-Turner Overdrive
And start your slavin’ jobs and get your pay
If you ever get annoyed, look at me, I’m self-employed
I love to work at nothing all day
- “Career Opportunities” — The Clash
Bus driver
Ambulance man
Ticket inspector
I don’t understand
Here’s what I read this week:
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Thursday, September 12, 2019
It’s hard to win a lawsuit when you admit you don’t have a case
James Scott’s employer fired him for accumulating 10 points under its no-fault attendance policy. He claimed FMLA retaliation, alleging that his employer unlawfully assessed some of his points while he was taking FMLA-protected leave to care for his ill wife.
At his deposition, however, Scott admitted that the FMLA had nothing whatsoever to do with his termination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 11, 2019
When alcohol is involved, the ADA distinguishes between “having a disability” and “disability-related misconduct”
Alcoholism is an ADA-protected disability. Yet, the ADA does not require that employers accommodate alcoholics by permitting them to drink, or otherwise be intoxicated, on the job.
Case in point? Dennis v. Fitzsimmons (D. Col. 9/5/19).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 10, 2019
The supposed #MeToo backlash is just discrimination by another name
A recent study suggests that there has been a backlash against the #MeToo movement.
According to the Harvard Business Review, men have are treating their females co-workers differently because of #MeToo.
- 19% of men said they were reluctant to hire attractive women
- 21% said they were reluctant to hire women for jobs involving close interactions with men
- 27% said they avoided one-on-one meetings with female colleagues
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 9, 2019
NLRB asks for help to overturn some really $%#^ bad decisions
“Bob is such a NASTY MOTHER FUCKER don’t know how to talk to people!!!!!! Fuck his mother and his entire fucking family!!!! What a LOSER!!!!”
“Hey, did you bring enough KFC for everyone?” “Go back to Africa, you bunch of fucking losers.” “Hey anybody smell that? I smell fried chicken and watermelon.”
You’d think that if any of your employees lobbed any of these bombs at a supervisor or coworker, you’d have no legal issue if you fired them. And you’d be right … usually.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 6, 2019
WIRTW #567 (the “passion” edition)
In garages and basements and dorm rooms across the country and around the world, bands are forming this very minute. They are arguing over favorite songs, greatest albums, Stratocaster versus Telecaster, and inevitably which one of the members is going to have to switch from guitar to bass. These hopeful young dreamers give me hope.
But we also shouldn’t kid ourselves: they are exceptions. For every one of these fledgling anarcho-syndicalist collectives, there are a thousand or a million kids alone in their bedrooms staring at Protools screens wondering what they have to do to get the Swedish cabal to write a hit song for them. They download a file onto Bandcamp or YouTube, start logging the hits, and pray.
And oh my God, that sounds so lonely.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 5, 2019
When common sense carries the day
Jordan does not explain how being disciplined for her unplanned absences and tardy arrivals created a hostile work environment. Without evidence indicating that she experienced severe or pervasive conduct, Jordan’s hostile work environment claim fails.
Every now again it’s refreshing to review a common-sense judicial opinion. Jordan v. United Health Group is just such a case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 4, 2019
Social media accounts are not telling you the whole story about your applicants and employees
If you rely on social media to paint for you a full and complete picture about your job applicants and employees, you are going to be very disappointed.
According to a recent survey, 43% of workers use privacy settings to keep material hidden from employers, and 46% have searched for their own names and taken further measures to conceal their social media presence based on what they found.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 3, 2019
Why “ban the box” doesn’t work for employers or employees
Listen this clip from Ear Hustle (a podcast about “the daily realities of life inside prison shared by those living it, and stories from the outside, post-incarceration”), and then let’s chat about “ban the box.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 30, 2019
WIRTW #566 (the “sweet sixteen” edition)
We haven’t changed a bit after 16 years of marriage. Happy (yesterday) anniversary to my bestie!
Here’s what I read this week.
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Thursday, August 29, 2019
No, your FMLA does not grant you license to threaten your coworkers
After being harassed by co-workers, Paul Ellis took to Facebook to air his grievances publicly. Among his comments was one that could be perceived as a threat violence: “he’s gonna have an accident on the dock.” When another employee brought a printout of the post to their employer, FedEx, an investigation began. During that investigation. Ellis admitted that one could perceive that comment as a threat. As a result, FedEx fired him.
Prior to his termination, Ellis frequently took leave under the FMLA to receive treatments for his chronic back pain and to take care of his sick mother. He alleged that FedEx retaliated against him for his use of FMLA leave by terminating him.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 28, 2019
This is what sex discrimination will look like if the Department of Justice gets its wish to legalize sex stereotyping
Last week the Department of Justice (on behalf of its client, the EEOC), filed a brief asking the Supreme Court to conclude that “sex stereotyping by itself is not a Title VII violation.”
What might this look like if the DOJ gets its wish?
Consider the following story (as told on Reddit).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 27, 2019
Can an employer ask an employee to stop groaning in pain all the time if she refuses to seek medical treatment?
Last week I received the following email from Alison Green, who writes the entertaining and informative blog, Ask a Manager.
Hi Jon,
I’m a huge fan of your work, and I wonder if you might be willing to weigh in with a legal perspective on a letter I’d like to print at Ask a Manager. If you’re up for it, I’d be delighted to print your thoughts, along with a link to your website and book (and anything else you’d like me to link to) in the Ask a Manager post where I tackle this letter. I’m not sure if this is something you do or not, but I’m hoping you might say yes!
My response: “Right back at’cha on the fandom. Happy to share my thoughts for your readers.” (When an email starts with, “I’m a huge fan,” it’s hard to say no.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 26, 2019
Is a vacation during an FMLA leave inconsistent with an employee’s serious health condition?
A few months ago I wrote about an employee fired for taking a fishing trip while out on an FMLA leave. In that case, the court upheld the termination as lawful. Recently, however, the Supreme Court of Massachusetts considered a similar case and reached the opposite result.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 23, 2019
WIRTW #565 (the “back to school” edition)
Word to live by, whether you’re a student, an employee, or just a human being.
Here’s what I read this week.
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Thursday, August 22, 2019
The EEOC asks the Supreme Court to legalize sex discrimination
This fall, the Supreme Court will hear argument in three cases to decide whether Title VII’s coverage of sex discrimination also implicitly protects LGBTQ employees from discrimination. Last week, the EEOC filed its brief in the cases, making a startling argument in favor of legalizing not just LGBTQ discrimination, but all sex discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 21, 2019
Does the ADA cover morbid obesity? Federal appellate court says maybe 🤷♂️
Jose Valtierra weighed 370 pounds at the time Medtronic terminated his employment in 2014 for falsifying job reports. Valtierra claimed that he had been denied an accommodation for his morbid obesity, which he alleged caused him to be unable to perform his job. Hence, the fake job reports.
The 9th Circuit Court of Appeals punted on the issue of whether "morbid obesity" is a disability covered by the ADA.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 20, 2019
New study reveals that age discrimination remains a worsening problem for employers
Insurance company Hiscox just released its 2019 Ageism in the Workplace Study [pdf], which revealed some sobering statistics about the growing problem of age discrimination for American employers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 19, 2019
Is it legal to dock the pay of employees who skip a political rally being held in the workplace?
Has an employer violated the law if it docks the pay of an employee who skips a speech being given by Donald Trump in their place of employment?
Over the weekend news broke of a Pennsylvania employer who had an interesting way to influence its employees attendance at a rally Donald Trump was holding at their place of employment during the work day. Only pay those employees who show up.
“NO SCAN, NO PAY,” a supervisor wrote to his employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 16, 2019
WIRTW #564 (the “Woodstock” edition)
At this moment very moment, 50 years ago, an estimated 400,000 people were gathered on Max Yasgur’s dairy farm in Bethel, New York, celebrating 3 days of peace and music.
Woodstock.
The performance runs from 2 - 5 on Sunday on the big stage on the Rock Hall plaza. The music is free; the love isn’t (they’re just kids after all).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 15, 2019
Government sanctioned discrimination is abhorrent and we, as a nation, should be ashamed
Trigger warning: today’s post is not for everyone. If, however, you are offended by what I am about to say, then today’s post is specifically for you.
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Wednesday, August 14, 2019
You are DUMB if you threaten to fire employees who support labor unions, and even DUMBER if you tweet about it #barstool
Meet Dave Portnoy. He’s the editor of Barstool Sports, a website that I can only describe as having missed the memo entirely on #MeToo. Mr. Portnoy describes himself as: “El Presidente/3 time Bee Sting survivor. Heart attack survivor. 2019 #dipoff champion. Shot 4 under at Shinnecock. Worshipped like a 3rd world dictator.”
#yuck
Portnoy also holds some strong opinions, including about labor unions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 13, 2019
The law is a floor, not a ceiling: FMLA and IEP meetings
Rather than discuss the opinion letter in detail, I’ll instead direct you my blogging friends—Jeff Nowak, Suzanne Lucas, and Eric Meyer—each of whom covered this story over the past few days.
Instead, I want to use my space today to make a broader point about the law in general.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 12, 2019
Do you know what to do if ICE shows up at your business?
Last week, US Immigration and Customs Enforcement agents arrested nearly 700 immigrants as part of a series of raids at work-sites throughout Mississippi. The raids are part of the Trump administration’s ongoing crackdown on illegal immigration.
* Photo Courtesy of ICE. [Public domain], via Wikimedia Commons
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 9, 2019
WIRTW #563 (the “work in progress” edition)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 8, 2019
Who owns intellectual property created for a company?
Which got me thinking … what rights does a company have to intellectual property created by an employee or an independent contractor?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 7, 2019
EEOC settlement teaches lesson on extended leaves of absence as ADA accommodation
An employee tells you that he was recently diagnosed with prostate cancer and needs a few weeks off for treatment, surgery, and recovery. Assume either you’re not an FMLA-covered employer or that the employee is not FMLA eligible.
Do you?
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Tuesday, August 6, 2019
It is an inexcusable sin for an employer NOT to have an anti-discrimination policy
There are some employment policies that you can get away with not having. An anti-discrimination policy is not one of them.
In Hubbell v. FedEx SmartPost (decided yesterday by the 6th Circuit), FedEx learned this lesson the hard way.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 5, 2019
Help me understand guns
This weekend was one of the deadliest on record ever for gun violence. Dozens were killed and more injured in separate shootings in El Paso, Texas, and Dayton, Ohio.
So, today, I take a diversion from employment law to ask a simple question.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 2, 2019
WIRTW #562 (the “someday we’ll find it” edition)
When the whole world seems like it’s going to 💩 , sometimes all you need to brighten your spirits is a video of 🐸 singing about a 🌈.
So here’s Kermit the Frog (along with My Morning Jacket’s Jim James, and Janet Weiss, Sleater-Kinney’s ex-drummer) performing the Muppets’ classic, Rainbow Connection, from his surprise performance at last weekend’s Newport Folk Festival.
(I really want to find the two people who thumbs-downed this video on YouTube.)
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, August 1, 2019
When an employee’s religion clashes with an employer’s dress code
The case, Boyd v. Cooper University Hospital, is pending in federal court in New Jersey. While it’s just filed, and years from resolution, we can use it to learn how an employer should react when a employee dons religious garb in the workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 31, 2019
Do workplace bullies violate OSHA?
According to a study recently published in the Journal of Applied Psychology, bullying bosses make workplaces less safe.
Poor treatment from a boss can make employees feel that they’re not valued by a group. As a result, they can become more self-centered, leading them to occasionally forget to comply with safety rules or overlook opportunities to promote a safer work environment.
The headline made me think that if bullying contributes to an unsafe workplace, can it also violate OSHA? The answer is quite possibly yes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 30, 2019
Labor and employment lessons from the world’s most combative stripper
Different type of stripper |
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Monday, July 29, 2019
#MeToo hasn’t killed the office romance, just the inappropriate ones
According to the National Review, #MeToo killed the office romance.
It must be a brave soul who dares to strike up a flirtatious conversation at the workplace microwave these days. Only ten percent of Americans report having met their mate at the office, a level that is half what it was in the 1990s.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 26, 2019
WIRTW #561 (the “don’t call me flaky” edition)
According to The Economist, dads face greater workplace penalties for taking parental leaves than do moms.
Americans see taking a break to care for children as a sign of lower commitment to work and even flakiness. … Whereas mothers who take time off to rear offspring face difficulties when returning to work, opt-out fathers may fare worse, says Scott Behson, author of a book called “The Working Dad’s Survival Guide: How to Succeed at Work and at Home”. America has a workaholic culture, he says. Mothers who put their families first eschew that culture, resulting in costs to their careers. But fathers who do so are violating both the workaholic culture and traditional gender norms.
Here’s what I read this week:
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Thursday, July 25, 2019
Which mental health service does the FMLA not cover?
Yesterday, I discussed our national mental health crisis, and the important role employers play in removing barriers to employees receiving the help they need. Then, I came across this post on LinkedIn, discussing a massive barrier that the FMLA institutionally imposes.
An individual suffering with a mental health issue has various treatment and therapy options available to them. For medication, one can see a psychiatrist, a primary care physician, or a nurse practitioner. For assessment and therapy, one can see a psychologist, a clinical social worker, or a licensed professional counselor.
Amazingly, however, the FMLA does not recognize one of these licensed mental health professionals as a “health care provider.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 24, 2019
Employee suicide is the next big workplace safety crisis
A recent headline at businessinsurance.com caught my eye:
It’s a pretty dramatic headline, but when you drill down into the statistics, it has a lot of weight.
- Suicide is the 10th leading cause of death in the U.S.
- Between the ages of 10 and 34, however, suicide is the second leading cause of death, and the fourth leading cause of death between the ages of 35 and 54.
- In 2017, 47,173 Americans died from suicide (more than double the number of homicide victims), and another 1.4 million attempted suicide.
- Between 2000 and 2016, the U.S. suicide rate among adults ages 16 to 64 rose 34 percent, from 12.9 deaths for every 100,000 people to 17.3 per 100,000.
- In 2016, the U.S. Bureau of Labor Statistics hit a record in its 25-year tally of workplace suicides at 291, with the number gradually climbing over the prior decade.
- The highest suicide rate among men was for workers in construction and mining jobs, with 53.2 deaths per 100,000 in 2015, up from 43.6 in 2012.
- The highest suicide rate among women was for workers in arts, design, entertainment, sports and media, with 15.6 deaths per 100,000 in 2015, up from 11.7 in 2012.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 23, 2019
The 14th nominee for the “worst employer of 2019” is … the horrible harasser
And, as bad as that sounds, that description barely scratches the surface of what is actually alleged to have happened in this workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 22, 2019
Parental discrimination claims pose big risks for employers
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Friday, July 19, 2019
WIRTW #560 (the “more kindness” edition) #IChooseKindness
Yesterday, I asked you all to join me in choosing kindness, and talked about Richard Cook’s Don’t Hurt Anyone Project. Over on LinkedIn, Richard took the time to share his thoughts on my post, which I’m sharing with y’all here.
Hi Jon, I am all in for #IChooseKindness Go! It is wonderful to see so many supportive comments. As you mentioned, I started the #donthurtanyoneproject There are a confluence of factors that led me to create something that felt so quaint and yet so urgent. One was sitting in the crowded gate area of airports waiting for a delayed flight. In my former career I did a lot of that. Inevitably I had the opportunity to talk with quite a few individuals. Sometimes we shared many of the same perspectives. Others not so much. But never in the latter of those two categories did a person get up and move to the furthest seat from me or I the same. We didn’t shout over each other. We just talked. When boarding time came we exchanged courtesies, sometimes shook hands and a few times figured out if we could be seated together to keep talking. It was hard for me to reconcile the “Divided States of America” narrative. No doubt that Americans disagree. However, I would suggest that for every ugly incident or rant that makes the news, there are far more that stop to help a motorist with a flat, make room in their family for a foster child or volunteer to help those struggling. Those people don’t ask for recognition but we need their energy. Urgently.
Let me know that you are choosing kindness by dropping a comment below, or by sharing your thoughts on any of your social channels with the hashtag #IChooseKindness.
Here’s what I read this week:
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Thursday, July 18, 2019
I choose kindness
In a world that has decided
That it’s going to lose its mind
Be more kind, my friends, try to be more kind
Frank Turner, Be More Kind
I’m a huge fan of Richard, his project, and their message.
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Wednesday, July 17, 2019
There isn’t a “magic number” of racial or ethnic insults an employee must prove to establish a hostile work environment
Jamie Ortiz (of Puerto Rican descent) worked for the Broward County, Florida, School Board in various capacities for nearly 20 years, including, from 2009 through 2017, as an auto mechanic in the district’s garage under the supervision of Michael Kriegel.
According to the testimony of both Ortiz and many of his co-workers, Kriegel had some issues with Puerto Ricans and other Hispanics, which he expressed to anyone who would listen, including Ortiz, on a daily basis.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 16, 2019
A handy FAQ for service animals in the workplace
A local Subway recently earned itself some bad publicity when an employee denied access to a customer with a service dog.
While this story involved a customer, and not an employee, it did get me thinking about employee service dogs at work.
I created this handy FAQ on service dogs at work for your reference.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 15, 2019
The 13th nominee for the “worst employer of 2019” is … the excoriating executives
It’s been nearly a month since I posted the last nominee for 2019’s Worst Employer. It’s not for lack of ideas; it’s just that the prior nominees have been so awful that the bar for qualification has been set pretty high. Thankfully, France Télécom has come to the rescue.
What did the former top executives at France’s national phone company do to earn their nomination?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 12, 2019
WIRTW #559 (the “Happy Birthday D-Man” edition)
This guy turns 11 on Sunday.
Here’s what I read the past two weeks.
- No lockable private room for breast-feeding at workplace: $3.8 million award — via Overlawyered
- #MeToo: Looking to best teaching practices for effective training — via Employer Law Report
- What form of discrimination do juries hate most? (But, you’re probably doing the least to address.) — via Eric Meyer’s The Employer Handbook Blog
- “Sexual harassment” in the nature of the business — via Robin Shea’s Employment & Labor Insider
- 11th Cir.: Hospital employee fired for performance, not reporting racial slur — via HR Dive
- Federal Court Declares That a Ban on Mandatory Arbitration of Sexual Harassment Claims Is Inconsistent with Federal Law — via Financial Services Employment Law
- USWNT – Enough Already, This IS RIDICULOUS! — via Compensation Cafe
- Applicants are not required to disclose a pregnancy before or after being offered a job — via Richmond Times-Dispatch
- Your Job Candidates and New Hires are Ghosting You. This is What You’ve Earned and 9 True Tales of Ghosting at Work — via Evil HR Lady, Suzanne Lucas
- Yikes!!! Sometimes HR Pros and Managers Can Be Personally Liable for Violations!!! — via The EmpLAWyerologist, Janette Levey Frisch
- Office pranks shouldn’t end with the ER, vomit, or tears — via Ask a Manager
- Would You Fire Starbucks Employees Who Ask People to Leave for Questionable Reasons? — via The HR Capitalist
- Everybody Deserves PTO — via Laurie Ruettimann
- Border Patrol union president: Fire agents responsible for offensive Facebook posts — via CUE, Inc.
- Security Considerations in a BYOD Culture — via Dark Reading
- NIST Issues Report on Internet of Things Cybersecurity — via Ride The Lightning
- Cybersecurity For Businesses Part 1-How Cybersecurity Has Evolved — via Accellis
- Understanding Millennials’ And Technology’s Role In The Workforce, Part One — via Forbes
- More Companies Expanding Employee Monitoring — via EntertainHR
- Your Blockchain in HR Guide In Just 5 Minutes — via Workology
- To The Victors Go Few, If Any, Spoils In Wage And Hour Suits — via Law 360
- Can You Switch a Full-Time Worker Into a Contractor? — via Evil HR Lady, Suzanne Lucas
- Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law — via Labor Employment Law Blog
- The cost of a $15 federal minimum wage — via Workplace Fairness
- Time Is Money: A Quick Wage-Hour Tip on … Time-Rounding Continue Reading — via Wage & Hour Defense Blog
- Dear Employers: You Can Go To Jail For Firing Employees Due To A Garnishment — via Donna Ballman’s Screw You Guys, I’m Going Home
- This One’s a Whopper! Court Puts Kibosh on Burger King Franchisee That Required Two Calls to Request FMLA Leave — via Jeff Nowak’s FMLA Insights
- NLRB speak on Employee Handbook Provisions (again). Private Sector Employers Take Note. — via BeLabor The Point
- The Gig Economy — via Labor Relations Institute
- NLRB Strengthens Employer Property Rights: What UPMC Means for Employers — via Hunton Employment & Labor Law Perspectives™
- NLRB Limits Duty to Bargain Over Disciplinary Actions — via Labor Employment Law Blog
- Do I Have to Buy a Standing Desk for My Employee? — via upstartHR
- Sixth Circuit Strikes Down Workers’ Compensation Claimant Solicitation Law — via The Employment Brief
- Ohio Senate Removes Damaging Changes to Workers’ Compensation Budget — via Ohio Chamber Blog
- Nonprofit Workplaces — via Harvard Business Review
- What Else is at Issue in the BWC Budget Bill? — via Employers Workers’ Compensation Law Blog
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 11, 2019
Rob Mendez won the Jimmy V Award at last night’s ESPYS, and it might be the most inspiring thing you’ve ever seen
Rob Mendez coaches the JV football team at Prospect High School in Saratoga, California. He’s also lived his entire life with no arms and no legs. He was born with tetra-amelia syndrome, an extremely rare genetic disorder that prevented their embryonic formation. You can read Rob’s entire (and entirely) compelling story at this ESPN feature story, or watch it in this Jon Hamm-narrated featurette.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 10, 2019
Why are employers testing job applicants for prescription medications?
During a pre-employment medical examination and drug screen, an applicant tests positive for Alprazolam, the generic form of Xanax (a medication commonly prescribed for anxiety), a fact she had already disclosed during the examination. The doctor performing the medical exam and reviewing the drug screen concludes that the applicant is medically acceptable for work as an intake specialist at an inpatient mental health facility. The employer, however, has other ideas. It withdraws the job offer without providing the applicant any opportunity to discuss the results.
The applicant sues, claiming disability discrimination.
Who wins?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 9, 2019
NLRB offers significant and important guidance on its new(ish) employee handbook rules
It’s been just over 18 months since the NLRB decided Boeing Co., perhaps its most significant decision in decades. It 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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Monday, July 8, 2019
Why, yesterday, in France was a stadium full of people chanting “EQUAL PAY?”
Indisputable fact no. 1: Women and men should earn the same pay for the same work.
Indisputable fact no. 2: The players on the United States women’s national soccer team earn substantially less than their counterparts on the men’s team.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 3, 2019
4 ways your employees are like a new puppy
We are on day 5 of new puppy in the Hyman household. Dante is adjusting well, as are we (including big sister Loula … more or less). It’s been 7 years since we last raised a puppy. And the thing I forgot the most is just how many rules there are.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 2, 2019
There’s no such thing as “reverse” discrimination—it’s all just discrimination
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 1, 2019
Don’t forget about overtime pay when providing bonuses to non-exempt employees
This bonus program has the potential to be a great way for the restaurant to break through in a tight labor market to attract talent. It also, however, has the potential to pose an FLSA nightmare. Bonus payments often count as part of a non-exempt employee’s regular rate of pay, thereby increasing the overtime premium owed to that employee.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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