Wednesday, December 4, 2019
Do you know how to calculate the “regular rate of pay” for your employees? (hint: probably not)
The Fair Labor Standards Act requires that employers pay their non-exempt employees one and one-half times the “regular rate of pay” for any hours worked in excess of 40 in any work week. For an employee paid a straight hourly rate, this calculation is simple and straight forward. A $10 per hour employee earns an overtime rate of $15 per overtime hour. Easy peasy.
Often times, however, employees aren’t just paid a straight hourly rate. Uh oh.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, December 3, 2019
The 20th nominee for the “worst employer of 2019” is … the malignant mogul
The 20th (and final) nominee for the Worst Employer of 2019 is Alki David, heir to the Coca-Cola bottling fortune and owner of several media firms.
The evidence?
This week, a jury awarded over $58 million to a female employee who accused him of thrusting his pelvis into her face, simulating oral sex, moaning, and zipping up his pants and walking away saying, “Thanks, M.K.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, December 2, 2019
As sure as today is Cyber Monday, your employees are shopping from work
Today is Cyber Monday, the biggest online shopping day of the holiday season. In fact, it is estimated that today will be the biggest online shopping day ever, with over $9.4 billion in sales.
And, guess what? Given that most of those doing the shopping will be spending the majority of their prime shopping hours at work, from where do you think they will be making most of their Cyber Monday purchases.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 22, 2019
WIRTW #578 (the “credibility” edition)
Yesterday, the NFL upheld the indefinite suspension of Cleveland Browns’ defensive lineman Myles Garrett, who last week assaulted Pittsburgh Steelers’ quarterback Mason Rudolph on the field with his helmet.
At his suspension hearing, Garrett attempted to mitigate his misconduct by claiming that Rudolph had used a racial slur on the field.
Garrett’s problem? It was the first time he had raised that claim in the week following the incident. He didn’t raise it on the field. Or after the game. Or to the media. Or at any time prior to his hearing. Even his teammates were caught off guard by the claim. And that’s a huge problem for the credibility of his defense.
In harassment cases, credibility is everything. And if employee waits until a trial or hearing to raise a claim of harassment, his (or her) credibility, as well as their claim, is shot.
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, November 21, 2019
“Hairstyle discrimination” laws: a solution in search of a problem
I fully embrace the irony of a local news broadcast holding me out as the expert on hair discrimination. 👨🏻🦲
Irony notwithstanding, here I am on last night’s 6 o’clock news discussing why we don’t need to ban workplace hairstyle discrimination. (Big thank you to WEWS’s Mike Brookbank for reaching out and for the interview.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 20, 2019
Is your business prepared for a cyber attack? (probably not, but I can help.)
I’d like to share three scary cybersecurity statistics with you.
- 60 percent of small businesses fail within 6 months of a cyber attack.
- 72 percent of small businesses rate their ability to mitigate cyber risks, vulnerabilities and attacks as other than highly effective.
- 90 percent of data breaches are caused by human error.
These numbers mean that most of you reading this post work for a company that is not doing nearly enough to mitigate your cyber-risk. Coupled with the truth that data breaches are a when issue, and not an if issue, these numbers also mean that everyone’s data is way too exposed, and no matter what you are currently doing in this space, everyone can do more.
Meyers Roman is here to help.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 19, 2019
It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally
According to a recent survey conducted by SHRM [pdf], American workers cannot hide from politics at work.
- 42% of U.S. employees say they have personally experienced political disagreements at work
- 44% say they have witnessed political disagreements at work
- 34% believe that their workplace is not inclusive of differing political perspectives
- 12% report they have personally experienced political affiliation bias or discrimination based on their political views
- 56% state that political discussions at work have become more common over the past four years
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 18, 2019
Gay man claims he’s the victim of intentional discrimination because of his sexual orientation … and that’s the least of his employer’s problems
Wesley Wernecke, an ex-employee of New York event planning company Eventique, claims in his recently filed lawsuit that the company intentionally alienated him, ostracized him, and shut him out of the business after its CEO learned Wernecke was gay.
NBC News shares the details of the allegations in Wernecke’s lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 15, 2019
WIRTW #577 (the “side hustle” edition)
If I had gotten paid for my appearance on Matt Christensen‘s Fraud Not Frog podcast, I could classify it as a side hustle. But I didn’t; I appeared gratis to discuss the legal concerns businesses and employees need to consider when an employee wants to engage in a side hustle.
You can listen here, or better yes, listen by subscribing to Matt’s podcast in your app of choice.
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, November 14, 2019
EEOC settlement provides expensive lesson on including social media in your anti-harassment policies and training
EEOC v. Nabors Corp. Services involves serious allegations of racial harassment, including the following.
Being addressed at work by co-workers with racial slurs such as “nigger”; being exposed at work to offensive, racially derogatory social media images and material circulated by co-workers and managers; being exposed to racist graffiti, including racial slurs and derogatory drawings concerning Black persons at company facilities in and around Pleasanton, Texas; being referred to as members of the “colored crew” by employees and managers; and in some instances, being subjected to intimidation and physical threats by employees because of race, Black.
The company recently resolved this case, agreeing to pay 10 employees a total of $1,225,000 to settle the EEOC’s claims of racial harassment, race discrimination, and retaliation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 13, 2019
Celebrating “World Kindness Day” at work #WorldKindnessDay #ChooseKindness
Today is World Kindness Day. Introduced in 1998 by the World Kindness Movement, it highlights good deeds in the community by focusing on the positiveness of our common bond of kindness.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 12, 2019
#MeToo does not always equal #FireHim
Just because an employee complains about harassment does not mean that if the allegations are founded the employer must fire the harasser.
Consider, for example, Abbood v. Texas Health & Human Servs. Comm. (5th Cir. 11/7/19).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 11, 2019
The 19th nominee for the “worst employer of 2019” is … the barbaric boss
The headline is scary enough.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 8, 2019
WIRTW #576 (the “Dolly” edition)
I highly recommend you add Dolly Parton’s America to your podcast queue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 7, 2019
“Smoking gun” email revives employee’s disability discrimination lawsuit
Maryville Anesthesiologists fired Paula Babb, an experienced Certified Registered Nurse Anesthetist, because it thought she suffered from a visual impairment.
How do we know why it fired her? Because the day after Babb’s termination, one of her co-workers confirmed it in an email (written at the direction of one of the employer’s owners).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 6, 2019
Recent decision about a positive drug test has a lot to say about the future of medical marijuana and employer drug testing
Richard Turner worked as a crane operator for Phillips 66. The company’s substance abuse policy allowed for random and post-accident drug testing for “Cannabinoids, Cocaine, Opiates, Phencyclidine (PCP) and Amphetamines,” and mandated termination for any positive test.
On April 24, 2017, Turner was selected for a random drug test, and provided a urine sample. Three days later he was involved in a workplace accident and was again tested.
The following day, Phillips 66 learned that Turner’s April 24 sample tested positive for amphetamines. As a result, the company fired him.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 5, 2019
When it comes to racial preference, the customer is never right
NBC Chicago has the details.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 4, 2019
An employee’s disability is not a “get out of jail free” card for workplace misconduct
Does a medical leave of absence grant an employee a free pass for pre-leave misconduct discovered during the LOA? This question is squarely at the center of the court’s decision in Williams v. Graphic Packaging International (6th Cir. 10/31/19) [pdf].
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 1, 2019
WIRTW #575 (the “3.5” edition)
Being a parent is the world’s hardest job. But it’s also the most world’s most rewarding one. Which is why we keep doing it. The rewards are worth celebrating.
Last Friday night, I got to watch my daughter and her band absolutely blow the glass-pyramid roof off the Rock & Roll Hall of Fame at Cleveland Magazine’s Best of Cleveland Party.
“An example,” you ask? Here’s their latest original song, called “3.5” (which, in this proud dad’s very unbiased opinion, rips).
I love seeing the looks on people’s faces when the realize the sounds they are hearing are coming from a bunch of kids. At the Best of Cleveland event, I really loved seeing the band that followed them transform from, “We have to follow some kid band” (which was the look on their faces before soundcheck), to “How in the hell are we supposed to follow that?!” (which they actually said as they were walking onto the stage for their set.)
Here’s some photo memories of the evening, set to the soundtrack of a local radio show’s A+ review of Fake ID.
If you’re so inclined to check out all of Fake ID’s goings-on, they have a website, FakeIDofficialband.com.
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, October 31, 2019
Must you tell employees when you are surveilling their devices?
Conventional wisdom (California notwithstanding), is that if the employer owns the device, the employee has zero privacy rights in that device, its use, or the information stored on it.
That conventional wisdom, however, might be changing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 30, 2019
“Tone down your gayness” = $20 million
A jury has awarded a St. Louis County police officer nearly $20 million over allegations that his superiors repeatedly denied him a promotion because they thought him too gay.
According to The Washington Post, the sergeant had more than 15 year of experience when he applied for a promotion. “The command staff has a problem with your sexuality,” he was told. “If you ever want to see a white shirt [i.e., get a promotion], you should tone down your gayness”, which was “way too out there.” The St. Louis Post-Dispatch adds that a captain had also referred to the plaintiff as “fruity.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 29, 2019
6 tips to avoid turning your costume party into an HR nightmare
Even this Halloween Scrooge
can get into the spirit
|
A lot of people, however, are into Halloween, and some are really into Halloween. It’s the holiday on which we spend more than any holiday other than Christmas.
And, a lot of your workplaces will be having Halloween celebrations. Some will request that you dress up for the occasion. If you happen to work in one of the workplaces, you have my sympathies. You also have my top 6 tips to avoid turning your innocent costume party into an HR horror show.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 28, 2019
The 18th nominee for the “worst employer of 2019” is … the fecal loving fast-food manager
Kari Phillips did not feel well when she awoke prior to her shift at an Oregon City, Oregon, McDonald’s. She called the restaurant to request that someone cover her shift because of her stomach ailment, but a manager told her she had to come in, but would allow her to use the bathroom whenever needed.
According to Willamette Week, however, that’s not what happened once Phillips arrived at work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 25, 2019
WIRTW #574 (the “hero” edition)
What's a hero? I'm not sure how to define one, but I certainly know one when I see one. And earlier this week, I got to see one.
He also has a very well developed sense of humor, as he was happy to share this clip of Norm McDonald asking David Letterman how it's possible that any of the Kardashians are more famous than someone who walked on the moon.
I was captivated listening to his remarks about his work on the Apollo lunar project.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 24, 2019
OSHA publishes new guidance on distracted driving
The reaction time of someone texting while driving is 35 percent worse than someone driving without any distractions. Compare that figure to the 12 percent deficit a drunk driver faces, and you begin to understand why distracted driving is so dangerous. Indeed, in 2018 alone, 4,637 people died in car crashes related to cell phone use.
OSHA understands this danger as well. Thus, in conjunction with Drive Safely Work Week (which occurred earlier this month), OSHA announced an educational campaign calling on employers to prevent work-related distracted driving, with a special focus on prohibiting texting while driving.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 23, 2019
Is this the worst defense ever to a discrimination claim?
Litigation is painful. It takes a lot of time, costs a lot of money, and has lots of variables that you just can’t control. Especially when the client goes off the rails and says something so ludicrous that you might as well just pack it in and cut a check.
As an example, I offer Evans v. Canal Street Brewing. It’s a race discrimination currently pending in federal court in Detroit. According to the Detroit Metro Times, the plaintiff, who is African-American, alleges “a racist internal corporate culture,” including the repeated used of the “N word”, and management naming its printer the “white guy printer” and the printer for lower-tier employees the “black guy printer.”
The employer’s defense? The restaurant’s general manager, Dominic Ryan, claims that he did not know Evans was black.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 22, 2019
What’s really at stake when the Supreme Court decides LGBTQ rights under Title VII
Sometime next Spring the Supreme Court will announce its decision on whether Title VII’s prohibition against sex discrimination implicitly includes LGBTQ employees. It’s poised to be the biggest employment law case of the past three decades. And not just because LGBTQ discrimination is such a hot-button, high-profile issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 21, 2019
My dog was victim-blamed … and I don’t like it
On Friday, Dante, our five-month-old puppy, was attacked while in the (what we thought was the) safety our our fenced-in yard.
New neighbors recently moved in next door with their not-so-nice German Shepherd. They’ve warned us that he doesn’t get along well with other dogs, and, for that reason, they either tether him in their backyard, or monitor him while outside. At the time of the attack he was flying solo, and it ended badly for Dante. No one actually saw what happened, but either Dante was puppy-exploring through the slats in our fence, or the other dog lunged through the slats, or a combination of both. Either way, the neighbor’s dog was definitely the aggressor, and Dante definitely limped away with the lone injury.
Before staples After staples |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 18, 2019
WIRTW #573 (the “last laugh” edition)
When I go, I hope I have enough forethought to go out like this.
A dead man pranked his family at his own funeral by using a recording to scream ‘Let me out!’ as they put his coffin into the ground
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, October 17, 2019
New EEOC case is a not-so-subtle reminder that we still have a lot of work to do to improve race relations
The allegations in this case—which the EEOC just filed against a Louisiana river transporter—remind us that while race relations have improved over the past several decades, they are far from perfect and we remain a nation with a lot of work to do.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 16, 2019
A dramatic retelling of the 17th nominee for the worst employer of 2019
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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The 17th nominee for the “worst employer of 2019” is … the mauling manager
I don’t even know what to say about today’s nominee for 2019’s worst employer, so I’ll just let Newsweek do the heavy lifting.
A Pakistani electrician is filing charges against a client who refused to pay their bill and instead unleashed a pet lion on him.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 15, 2019
Poor taste does not amount to prohibited sexual harassment.
I once made the mistake of watching an episode of Orange is the New Black on an airplane. The guy sitting behind was very uncomfortably enjoying the show along with me, and I shut it down.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 14, 2019
The 16th nominee for the “worst employer of 2019” is … the shameful wall builder
From the Bangor (Maine) Daily News:
Employees at St. Mary’s Regional Medical Center in Lewiston created a “wall of shame” where they displayed confidential medical records of patients with disabilities detailing issues with their genitalia and bodily functions, according to an investigation by the Maine Human Rights Commission that found the exhibit had contributed to a hostile work environment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 11, 2019
WIRTW #572 (the “what did I miss” edition)
Did I miss anything big while I was away earlier this week?
- Argument analysis: Justices divided on federal protections for LGBT employees — via SCOTUSBlog
- The Law is the Basement — via Kate Bischoff’s tHRive Law & Consulting Blog
- SCOTUS Oral Argument Recap: Is Justice Gorsuch the swing vote on LGBT workplace rights? — via Eric Meyer’s The Employer Handbook Blog
- Trump Appointee Gorsuch Plays Coy In LGBTQ Employment Rights Case — via NPR
- Justice Gorsuch emerges as an unlikely swing vote in the LGBTQ discrimination cases — via Vox
- The Supreme Court asks whether Title VII protects LGBT workers — via The Economist’s Democracy in America blog
In other news, I recently authored an article for Gusto discussing what AB5 (California’s recent law on independent contractor classification) means for small businesses operating in that state (including some practical tips for all employers dealing with contractor classification issues). You can access the article here.
Here’s what else I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 10, 2019
A little kindness goes a LONG way
Earlier this week I was in Philadelphia with my family for my son’s cardiac procedure. During our visit, we stayed at the Sonesta Philadelphia (because I’m a hotel snob and it was the only non-big-chain hotel that offered a special rate for the families of CHOP patients).
At check-in, the desk clerk, Rachel, asked what brought us to Philly. “Nothing great,” I reported. “My son is having a heart procedure on Tuesday.” “So sorry to hear,” she responded. “Please let me know if we can do anything to make your stay more comfortable.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 4, 2019
WIRTW #571 (the “thoughts and prayers” edition)
I’ll be offline next week, as my family will be in Philadelphia for my son’s heart procedure.
Donovan was born with pulmonary valve stenosis, and on Tuesday he’s having a balloon dilation via cardiac catheterization to (hopefully) fix it.
While everyone likes to tell us it’s a routine procedure, we’ve learned with Donovan over the years that because of his genetic disorder anything medical is rarely simple. Moreover, if it doesn’t work, he’s almost certainly looking at open heart surgery in his future to replace the valve.
Thus, we are traveling to Children’s Hospital of Philadelphia (with a small detour first to New York City to take D-man to the Nintendo Store; he told me I better have a lot of room on my credit card) with hopeful thoughts and very anxious anticipation.
We’re taking all good vibes and prayers you have to send Donovan’s way.
I’ll post an update next week after his procedure.
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, October 3, 2019
If at first you don’t succeed … Ohio will again try to fix its broken employment discrimination law
For lack of more artful description, Ohio’s employment discrimination law is an awful mess.
Among other problems, it exposes employers to claims for six(!) years; contains no less than four different ways for employees to file age discrimination claims (each with different remedies and filing deadlines); renders managers and supervisors personally liable for statutory discrimination; omits any filing prerequisites with the state’s civil rights agency; and contains no affirmative defenses for an employer’s good faith efforts to stop workplace harassment.
There have been several prior attempts to fix this law and harmonize it with its federal counterparts. All have died on the legislative vine.
Welcome House Bill 352 [pdf], introduced on October 1. It’s yet another business-friendly attempt at comprehensive reform of Ohio’s employment discrimination statute.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 2, 2019
The 15th nominee for the “worst employer of 2019” is … the disability demoter
An employee tells you he might need to leave work on a moment’s notice to rush home to care for his disabled daughter (born with a severe neurological disorder, Rett Syndrome, which affects the ability to speak, walk, breathe, and eat, among other things).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 1, 2019
Why are so many employers discriminating against lactating moms?
Women were told to pump in their manager’s office or a meeting room without locks, where they were walked in on repeatedly. Many had to pump in view of security cameras. In two separate cases, restaurant workers were instructed to pump behind the bread racks, leaving them partly visible to colleagues and customers.
Those who do find an appropriate space often don’t receive the time they need to fully empty their breasts. A McDonald’s worker was yelled at and ordered to return to work before she was done pumping. A Family Dollar worker asked for more time to pump and got demoted to part-time. A spa employee was required to sign a piece of paper agreeing that she wouldn’t take any more breaks. Her inability to pump caused her to leak milk from her breasts while she worked.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 30, 2019
Are hangovers the next frontier of your FMLA headaches?
A German court recently ruled that a hangover qualifies as an “illness.”
Which got me thinking … are hangovers the next frontier of your FMLA headaches?
Thankfully, the answer to this question is almost certainly “no.”
But it’s worth reviewing the FMLA’s definition of “serious health condition” to see how I reach that conclusion.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 27, 2019
WIRTW #570 (the “unexpected” edition)
It’s not everyday you witness a band of 12- to 15-year-olds absolutely wail on Black Sabbath’s “War Pigs.”You can read the rest of the story here, check out Fake ID at their website, and catch them performing at the Best of Cleveland Party at the Rock and Roll Hall of Fame on October 25.
Yet there’s Fake ID, chugging through the sinister heavy metal classic with style and skill to spare, cresting a wave of pummeling sound…. Yes, the cover act’s ages often precludes bars and clubs from their tour dates, but Fake ID’s easy poise and undeniable chops tend to draw a crowd wherever they plug in.
Here’s what else I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 26, 2019
6th Circuit holds that an employee cannot contractually shorten Title VII’s statute of limitations
In Thurman v. Daimler Chrysler, the 6th Circuit agreed that the following agreement between an employer and an employee shortening the time in which an employee has to file a lawsuit was lawful.
READ CAREFULLY BEFORE SIGNING I agree that any claim or lawsuit relating to my service with Chrysler Corporation or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.
I’ve long argued that because of Thurman, employers should consider having all employees agree to a shortened statute of limitations to limit the duration of their potential exposure to employment claims. Yesterday, however, the same court punched big hole in this litigation avoidance strategy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 25, 2019
DOL announces new salary threshold for white collar exemptions
Yesterday, the Department of Labor announced that effective January 1, 2020, the salary threshold for an employee to be exempt from overtime under the administrative, executive, professional, and computer exemptions will increase from $455 per week to $684 per week (or $35,568 per year). For employers, this new threshold means that employees who are currently exempt and earn a salary of less than $684 per week will, in most cases, become non-exempt. The change is expected to impact an estimated 1.2 million workers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 24, 2019
Girl Scouts good / union organizers bad
What if, however, you allow your employee’s daughter’s Girl Scout troop to set up a table outside and sell cookies? Have you just opened yourself to an argument that allowing cookie sales unlawfully discriminates against the banned union organizers?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 23, 2019
No-fault attendance policies offer no cover when the ADA or FMLA are involved
An employee suffering from epilepsy, migraines, and heart condition asks (with a medical note) for two unpaid days off from work unpaid to treat symptoms related to her disabilities. Instead of granting the leave, the employer assigns the employee points under its no-fault attendance policy and fires her for exceeding the allowable number of attendance points. The EEOC has sued the employer, alleging disability discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 20, 2019
WIRTW #569 (the “get by with a little help” edition)
I bet you can’t find someone having a better time than this guy.
I hope you have something in your life that brings you this much joy.
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, September 19, 2019
Accommodating pregnant employees is a legal floor, not a ceiling
UPS has agreed to pay $2.25 million to settle a pregnancy discrimination charge investigated by the EEOC. The agency was to consider whether UPS’s policy of providing light duty as an accommodation to employees injured on the job, but not to pregnant employees, violated Title VII. The policy the agency was investigating appears to predate the Supreme Court’s 2015 decision in Young v. UPS.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 18, 2019
When investigating misconduct, you don’t have to overturn every stone, but you also can’t ignore the obvious ones
Unless you're a wine nerd, you likely haven't heard about the cheating scandal that has rocked the Court of Master Sommeliers, the nonprofit governing body that administers the group’s exams.
For the uninitiated, the Master Sommelier diploma is the highest distinction a fine wine and beverage service professional can attain. To obtain the diploma, one must pass a three-part exam that includes an oral theory examination, a deductive blind tasting of six wines, and a practical wine service examination. The exam is so hard that there are only 262 professionals worldwide who have ever passed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 17, 2019
It’s illegal to refuse to hire men, even if you’re a sex store
The EEOC has sued Sactacular Holdings, LLC d/b/a Adam & Eve for sex discrimination for refusing to hire male applicants. What is Adam & Eve? The EEOC’s news release describes it as a “North Carolina limited liability company.” The more accurate description? According to its (NSFW) website, it’s “the leader in the lingerie and adult boutique market.”
How did it discriminate?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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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