Yesterday, a New York federal judge issued an order invalidating several key aspects of the Department of Labor's regulations interpreting the paid sick leave and expanded FMLA provisions of the Families First Coronavirus Response Act.
Tuesday, August 4, 2020
Coronavirus Update 8-4-2020: NY federal judge invalidates key parts of FFCRA regulations
Yesterday, a New York federal judge issued an order invalidating several key aspects of the Department of Labor's regulations interpreting the paid sick leave and expanded FMLA provisions of the Families First Coronavirus Response Act.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 3, 2020
Coronavirus Update 8-3-2020: How have employers responded to COVID-19?
- Nearly 6 out of every 10 employers has had an employee test positive for COVID-19 (double the number from April).
- 92 percent require on-site employees to wear masks in common areas and mandate physical distancing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 31, 2020
Coronavirus Update 7-31-2020: 41,214 reasons not to fire employees who request FFCRA leave
A San Jose, California, manufacturer has reached an agreement with the Department of Labor's Wage & Hour Division to pay 17 employees $41,214 for wrongly denying their requests for paid coronavirus sick leave under the Families First Coronavirus Response Act. Specifically (and much worse than that description sounds), the employer terminated each of the 17 employees after they requested paid leave under the FFCRA.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 30, 2020
Coronavirus Update 7-30-2020: Ohio needs to fix its unemployment system, 𝗻𝗼𝘄
The State of Ohio has temporarily frozen its Pandemic Unemployment Assistance benefits, as the Ohio Department of Jobs & Family Services investigates what it believes are more than 275,000 fraudulent claims that have flooded the system.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 29, 2020
Coronavirus Update 7-29-2020: SAFE TO WORK Act would offer employers a significant shield from employee COVID-19 lawsuits
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 28, 2020
Coronavirus Update 7-28-2020: Do you know what to do when an employee tests positive?
Yesterday, the Miami Marlins announced that 14 members of its organization—12 players and two coaches—have tested positive for coronavirus. Most appallingly, however, is a report that the team decided via text message to play its scheduled Sunday game in Philadelphia despite the rash of positive tests. Ignoring the irresponsible selfishness of that decision, it also almost certainly violates Major League Baseball's 100-plus page COVID-19 operations manual, which instructs teams how to handle a positive test. I can guarantee that "tell no one; play your game anyway" is not the recommended best practice.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 27, 2020
Coronavirus Update 7-27-2020: If your employee treats COVID-19 like a hoax
At the always fabulous Ask a Manager, Alison Green posts the following question:
One of my employees has been vocal about the coronavirus being a hoax. I had to have a talk with him during our last few days in the office at the end of March because he was openly criticizing and mocking coworkers for "being afraid of the flu" and practicing social distancing. While the rest of us isolated and worked at home, he went on two different vacations out of the state and did not isolate upon returning as required.
We're now phasing people back into the office, and he believes that all of the safety guidelines are violating his freedom. He still won't practice social distancing without being told, he will not wear a mask without being told, and he even planned another vacation when the company has asked us not to travel except in the case of emergencies. …
I am at an absolute loss regarding how to get this employee to take these safety precautions seriously when he still sees the coronavirus as a political issue instead of a public health issue. I am very worried that he will bring the virus into the office and get others sick. Do you have any advice for handling this employee and protecting the rest of my staff?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 24, 2020
Coronavirus Update 7-24-2020: New music Friday … live from the Rock Hall
In-person live music has been in short supply over the past four months. Like many, I’ve missed it very, very much. Last Sunday, however, I got to experience live music for an hour, on the plaza in front of the Rock & Roll Hall of Fame.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 23, 2020
Coronavirus Update 7-23-2020: The FFCRA implications of schools reopening
With schools set to reopen over the next four to six weeks, your employees will be asking for time off from work if their children will be distancing learning for any part of the upcoming school year. The FFCRA provides for up to 80 hours of paid sick leave and 12 weeks of expanded FMLA Leave (the latter 10 of which are paid) for employees who are caring for their child(ren) whose school has been closed because of COVID-19 precautions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 22, 2020
Coronavirus Update 7-22-2020: Telemedicine and the FMLA
Earlier this week, the Department of Labor published a three new sets of FAQs—COVID-19 and the FLSA, COVID-19 and the FMLA, and updated FAQs on the FFCRA.
By and large the FAQs don't break new ground. But one of the FMLA questions caught my attention.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 21, 2020
Non-Coronavirus Update 7-21-2020: Employment law issues I missed covering during the pandemic
Today, I thought I put COVID-19 on a virtual pause and take a look at some employment law issues I missed covering over the past couple of months. Here are 10 stories that jumped to mind.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 20, 2020
Coronavirus Update 7-20-2020: How do you reopen schools without teachers?
We want to reopen the schools. Everybody wants it. The moms want it, the dads want it, the kids want it. It’s time to do it.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 17, 2020
Coronavirus Update 7-17-2020: It’s a scary world at there, and I’m not just talking about the virus
I thought it was an innocent enough tweet.
I would have lost my friggin’ mind if I was in that room and then that happened.
— Jon Hyman 😷 (@jonhyman) July 16, 2020
And then came the replies.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 16, 2020
Coronavirus Update 7-16-2020: A letter to Ohio — we’re all in this together; let’s all start acting like it
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 15, 2020
Coronavirus Update 7-15-2020: OSHA updates its mealy-mouthed facial covering FAQs (again)
OSHA has, yet again, updated its Frequently Asked Questions to advise employers about the use of face masks in the workplace during the ongoing COVID-19 pandemic.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 14, 2020
Coronavirus Update 7-14-2020: Should employers be testing employees for COVID-19?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 13, 2020
Coronavirus Update 7-13-2020: Hopelessness
Today's post was either going to discuss mandatory temperature checks for employees or reopening schools. Instead, however, today will be a mental health checkup, because mine hasn't been great.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 9, 2020
Coronavirus Update 7-9-2020: The 6th nominee for the “worst employer of 2020” is … the working mom sacker
Let this woman's Instagram post sink in, and then let’s talk about why it's wrong to fire a mom working from home (allegedly) because she has to spend some time tending to her children.
View this post on InstagramA post shared by Hi, I'm 𝗗𝗿𝗶𝘀| MODERN CALI MOM (@moderncalimom) on
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 8, 2020
Coronavirus Update 7-8-2020: A tale of two mask orders
Yesterday, Ohio announced that face coverings will be required at all times when out in public in seven surging counties—Butler, Franklin, Hamilton, Huron, Montgomery, Trumbull, and my county, Cuyahoga. The mandate applies as long as a county remains designated a Red Alert Level 3 Public Health Emergency county per the state's new tiered Public Health Advisory System, and requires facial coverings:
- In any outdoor public space when a person is unable to maintain physical separation of not less than six feet from others who are not members of the person's household.
- In any indoor space open and accessible to the public, including while waiting in line to enter such indoor space.
- Inside any public transportation and any ride-share vehicle when it is not possible to maintain physical separation of not less than six feet from others who are not members of the person's household.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 7, 2020
Coronavirus Update 7-7-2020: Do you know the difference between quarantine and isolation?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 6, 2020
Coronavirus Update 7-6-2020: Telsa fires workers for staying home after giving them permission to stay home … and after they complain about safety
"Carlos, there is no need to feel that you are going to lose your job. If at this time you do not feel comfortable returning to work, you can stay home without penalty and take the time unpaid."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 2, 2020
Coronavirus Update 7-2-2020: Employee claims his remote-work request got him fired, sues
An employee suffers from high blood pressure and lives with his 81-year-old mother. He's an engineer and began working from home for his employer in mid-March when his state shut down non-essential businesses. His employer, however, remained open, and several weeks later required him to return to in-person work in the office. He refused, requesting continued work from home. The company refused that request and fired him for job abandonment. The employee sued for disability discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 1, 2020
Coronavirus Update 7–1–2020: THIS is how you protect your employees
Mootown Creamery is an ice cream shop in my town. Consistent with Ohio's reopening rules, it requires its employees to wear masks while working. For the protection of her employees and customers, its owner also decided to require customers to wear masks while in the store.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 30, 2020
Coronavirus Update 6–30–2020: CDC now recommends that people wear cloth face coverings in public
Your cloth face covering may protect them. Their cloth face covering may protect you. |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 29, 2020
Coronavirus Update 6–29–2020: Judge hands McDonald’s a whopper of a rebuke for its COVID-19 response
A month ago I reported on a novel lawsuit filed against McDonald's Corporation in which the plaintiffs sought to have the fast-food conglomerate's alleged failure to comply with health guidance and provide PPE to its employees declared a public nuisance.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 26, 2020
Coronavirus Update 6–26–2020: New music Friday—Norah (en français), and a brand new Old 97’s song @suburbspod #FridayNightHootenanny
Since early May, Norah has spent her Friday nights jamming on the Rockin' the Suburbs podcast's Friday Night Hootenanny. Each Friday at 8 pm, the podcast hosts a virtual jam session via Zoom (sign up here). People can join just to listen or to share a song or two. Each week Norah's been sharing songs from the songbook she's been crafting during quarantine. Last Friday, she played her latest, a song she wrote entirely in French. (Fun facts: Norah has been taking French since kindergarten, she won the "Best Overall French Student" award at her recent middle school graduation, and I can feel her teenage face cringing as I type this.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 25, 2020
Coronavirus Update 6–25–2020: Are employees taking paid leave under the FFCRA? — the results
The results are in from my survey on the prevalence of employee leave under the FFCRA. Of those employers that are covered by the FFCRA:
- 86 percent have an FFCRA policy
- 59 percent train employees on the FFCRA
- 74 percent have had an employee take leave under the FFRCA
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 24, 2020
Coronavirus Update 6–24–2020: Are employees taking paid leave under the FFCRA?
According to a recent poll conducted by the National Partnership for Women & Families, less than one in five employees have either taken or plan to take paid sick or paid family leave under the FFCRA. Of the 19 percent who has actually taken, or intend to take, paid FFCRA leave:
- 9 percent say they are using new leave protections for their own illness or isolation.
- 8 percent say they are using new leave protections due to a family member’s isolation/illness.
- 7 percent say they are using new leave protections to care for a child due to child care or school closure.
- 6 percent said they took leave, but not because of the new policy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 23, 2020
Coronavirus Update 6–23–2020: Must you accommodate an employee with a high-risk family member?
A bit of personal news: I have requested the opportunity to work from home for the fall semester because of my daughter’s heart condition. I found out this afternoon that it was rejected because it is my child’s condition and not mine.
— Jason Helms (@helmstreet) June 17, 2020
One of the questions I have received most from clients during this pandemic comes in some variation of the following: "An employee [does not want to come into work / wants to work from home / wants a leave of absence] because s/he lives with someone who is at high risk for coronavirus complications. What do we do?"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 22, 2020
Coronavirus Update 6–22–2020: Ohio ends unemployment benefits to employees who refuse to work (with some key exceptions)
The state of Ohio will begin denying unemployment benefits to employees who refuse to work because of coronavirus.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 19, 2020
Coronavirus Update 6–19–2020: How to communicate when an employee tests positive
Positive COVID-19 tests are sadly the reality of 2020, and likely at least part of 2021. Nationally, 2.23 million of us have tested positive for coronavirus. If your employees have been fortunate enough so far to avoid the virus, the odds are good that before this pandemic is over one or more of your employees will test positive.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 18, 2020
Coronavirus Update 6–18–2020: Errata—employers cannot require antibody tests of employees, says EEOC
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 17, 2020
Does Title VII protect employees whose spouses are pregnant?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 16, 2020
Everything you need to know about Bostock v. Clayton County—the #SCOTUS LGBTQ discrimination decision—in five quotes
An employer who fires an individual merely for being gay or transgender violates Title VII.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 15, 2020
BREAKING NEWS: U.S. Supreme Court holds that Title VII protects LGBTQ employees 🏳️🌈
In a landmark ruling issued this morning, the U.S. Supreme Court held that Title VII's prohibition against sex discrimination also prohibits employers from discriminating against LGBTQ employees. The 6-3 decision majority included conservative Justice Neil Gorsuch (who authored the opinion) and Chief Justice John Roberts joining the Court's four liberal justices.
I'll have my full analysis on this case tomorrow. Suffice it to say that June 15 is a historic day for civil rights.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 6–15–2020: COVID-19 is not an excuse for age discrimination
- Older Workers Grapple With Risk of Getting Covid-19 on the Job
- Older Workers Returning to Office Fear Both Virus and Job Loss
- Age, Pregnancy Discrimination Concerns Raised Ahead of Returns to Worksites
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 12, 2020
Coronavirus Update 6–12–2020: sanctimony (and masks) #MaskingForAFriend
Yesterday, I asked a simple question: Do you voluntarily wear a mask or other facial covering when out in public? Thank you to the hundreds upon hundreds who responded. Here are the results:
- Yes, always: 23.6%
- Yes, except when I’m socially distant from others outdoors: 48.8%
- Yes, but only when indoors: 18.6%
- No, never: 8.9%
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 11, 2020
Coronavirus Update 6–11–2020: OSHA issues guidance on cloth face coverings at work
I continue to struggle with comprehending how masks and facial coverings became one of the key coronavirus issues that's divided our nation. Click here for the latest actual science on the issue of whether masks help stop the spread of COVID-19. (TL;DR: they most certainly do.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 10, 2020
Coronavirus Update 6–10–2020: President Trump signs Paycheck Protection Program Flexibility Act of 2020, extending PPP loan forgiveness
The Paycheck Protection Program Flexibility Act of 2020, which President Trump signed into law on June 5, makes several key business-friendly changes to the small business loans made under the CARES Act's Paycheck Protection Program.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 9, 2020
Coronavirus Update 6–9–2020: Northeast Ohio restaurants sue to block reopening guidelines
What is a state's ability to regulate businesses during a pandemic? This question is one that will be answered in a lawsuit filed yesterday by eight local restaurants against Ohio Director of Health Dr. Amy Acton. The lawsuit claims that Ohio's reopening rules and guidelines for restaurants are unconstitutional, vague, and could subject them to liability from patrons if not strictly followed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 8, 2020
Coronavirus Update 6–8–2020: “I was terminated for refusing to wear a ‘Trump 2020’ face mask."
Ohio requires that all employees wear face masks or other face coverings as a condition to any business reopening that (subject to a few limited exceptions). The only rules are that the mask cover the employee's nose, mouth, and chin. There are no other requirements about the nature of the mask or face covering, including its design or style.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 5, 2020
Coronavirus Update 6–5–2020: Cleveland is not the “butthole of the world"
Earlier this week, Frank Jackson, Cleveland's four-term mayor, said that "Cleveland's perceived to be the butthole of the world." (You can watch here.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 4, 2020
Coronavirus Update 6–4–2020: Can you force employees who participate in George Floyd protests to quarantine without pay?
Yesterday I discussed the legalities of placing on an unpaid leave of absence employees who engaging in leisure mass gatherings outside of work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 3, 2020
Coronavirus Update 6–3–2020: Do “Lake of the Ozarks” employees sent home from work qualify for paid sick leave under the FFCRA?
Last week I discussed how to handle employees who are not social distancing outside of work. My thoughts were spurred by videos of employees partying over the Memorial Day weekend at Lake of the Ozarks and elsewhere around the country.
I said the following:
I would also place any employee who violated social distancing rules outside of work (whether the information is volunteered on a self-assessment or discovered through a viral video) on a mandatory two-week unpaid leave of absence and require a quarantine as a condition of continued employment.
May I take paid sick leave or expanded family and medical leave under the FFCRA if I am on an employer-approved leave of absence?
It depends on whether your leave of absence is voluntary or mandatory. If your leave of absence is voluntary, you may end your leave of absence and begin taking paid sick leave or expanded family and medical leave under the FFCRA if a qualifying reason prevents you from being able to work (or telework). However, you may not take paid sick leave or expanded family and medical leave under the FFCRA if your leave of absence is mandatory. This is because it is the mandatory leave of absence—and not a qualifying reason for leave—that prevents you from being able to work (or telework).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 2, 2020
Coronavirus Update 6–2–2020: Justice Department indicts employee for COVID-19 workplace fraud
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 1, 2020
I am at a loss for words…
I cannot ignore the appalling tragedies we experienced over the past week, first through the murder of George Floyd, and then through the riots and destruction left in its wake.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 29, 2020
Coronavirus Update 5-29-2020: Friday olio — an A+ set of reopening guidelines, a webinar, and a playlist
A few shares for your Friday.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 28, 2020
Coronavirus Update 5-28-2020: Is your business ready for the COVID-19 golden age of union organizing?
Among the many lessons we will learn from the COVID-19 pandemic is its demonstration of the importance of union membership for essential workers.
Of all the injustices exposed by the pandemic, the risks faced by non-union workers have become the most apparent. Non-union workers are being asked to risk their safety with little or no protections of their own.
Gary Perinar (executive secretary-treasurer of the Chicago Regional Council of Carpenters), The importance of unions is more obvious than ever during the COVID-19 pandemic, Chicago Sun-Times, Apr. 30, 2020
One of the unexpected byproducts of the COVID-19 pandemic is a corresponding rise in union organizing. This crisis has magnified attention on key labor union agenda items and talking points such as worker safety and higher pay. Unions have not been shy about pressing these issues not only for current members but also more importantly for potential members.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 27, 2020
Coronavirus Update 5-27-2020: Is McDonald’s really a public nuisance?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 26, 2020
Coronavirus Update 5-26-2020: When an employee isn’t social distancing outside of work
How did you spend your Memorial Day weekend? Mine was way more mundane than years past. I watched my nephew receive his high school diploma and pre-record his valedictory address in an individual, family-only ceremony. We walked the dogs a bunch. We went to Lowes, masks on faces (the first store in which I've been inside other than a grocery store in over two months). I BBQed for my wife and kids.
This video is on Snapchat in the Lake of the Ozarks? Unreal. What are we doing? pic.twitter.com/m0qsEQ4KLp
— Max Baker (@maxbaker_15) May 24, 2020
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Friday, May 22, 2020
Coronavirus Update 5-22-2020: We really don’t want our employees being “Tisons"
Social media is congratulating Tison, a Costco employee who turned away an angry customer who refused to wear a mask, a condition required by Costco to shop in its stores.
Kevin and Karen get shopping cart taken away at #Costco || ✌🏼 #wearethepeople #COVID19 #coronavirusuk #COVIDIDIOTS pic.twitter.com/LDeB1hDz9L
— ONLY iN LVNV ➐ (@OnlyInLVNV) May 18, 2020
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 21, 2020
Coronavirus Update 5-21-2020: Ohio judge grants Pyrrhic victory to gyms closed by Stay at Home Order
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Wednesday, May 20, 2020
Coronavirus Update 5-20-2020: Governor DeWine’s “Ohioans Protecting Ohioans” advisory is a colossal miscalculation
This past weekend offered a perfect coronavirus storm in Ohio. The weather on Saturday was postcard-perfect, and restaurant and bar patios were open for business. This combination caused scenes like this one on the banks of the Cuyahoga River:
Some serious social distancing goin on in the flats #secondwavecomin pic.twitter.com/JNsx7mVBQo
— Pete Marek (@PeteMarek) May 16, 2020
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Tuesday, May 19, 2020
Coronavirus Update 5-19-2020: Lawsuit highlights risk of businesses not reopening safely and correctly
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Monday, May 18, 2020
Coronavirus Update 5-18-2020: House proposes significant expansions to FFCRA paid leave
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Friday, May 15, 2020
Coronavirus Update 5-15-2020: One that got away … and one that didn’t
There's no such thing as bad publicity. Or at least that's how the saying goes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 14, 2020
Coronavirus Update 5-14-2020: Workers’ Comp waivers aren’t just a bad idea, they are also almost certainly illegal
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 13, 2020
Coronavirus Update 5-13-2020: Workplace virus screening tools aren’t perfect, but they are at least part of a solution
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 12, 2020
Coronavirus Update 5-12-2020: You have every right to be a 𝘤𝘰𝘷𝘪𝘥𝘪𝘰𝘵, and we have every right to fire you for it
"No more masks. Any business that tells me to put on a mask (Whole Foods on Lomo Alto) in Dallas will get told to kiss my Corona ass and will lose my business forever. It's time to stop this BULLSHIT. Do I have to show the lame security guard outside of a ghetto store my CV19 test results? I will show him my Glock 21 shooting range results. With Hornady hollow points. Pricey ammo, but worth it in this situation. They have reached the limit. I have more power than they do.....they just don't know it yet."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 11, 2020
Coronavirus Update 5-11-2020: The 6th(!) set of FAQs from the DOL on the FFCRA
An employee has been working from home productively and without issue since the state Shelter in Place order took effect. Now, however, he is requesting paid sick leave and expanded FMLA under the FFCRA to care for his children because their school is closed because of COVID-19. You want to: (a) ask the employee why he is unable to continue working from home or if he has pursued alternative child care arrangements; and (b) deny the leave request without a reasonable explanation.
If you carry through with your plan, will you violate the FFCRA?
According to the most recent FAQs published by the Department of Labor, the answer is yes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 8, 2020
Coronavirus Update 5-8-2020: Can you legally refuse to return to work to someone at “high risk” for COVID-19 complications?
As you start recalling employees to your physical workplace from remote work-from-home arrangements or furlough, you are concerned about an employee who has an underlying medical issue that the CDC says places him at a higher risk for complications from coronavirus.
Can you refuse to return this employee to work?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 7, 2020
Coronavirus Update 5-7-2020: Things I miss 😢
These are the top 10 things I miss (in no particular order):
1/ Seeing family and friends in person. (happy birthday Mom!)
2/ Hugs and handshakes.
3/ Dining out.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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