"I'm Jewish; I don't have to wear a mask." That's what the maskless woman (shopping with her maskless teenage daughter) in front of me in line yesterday at the Whole Food fish counter said to the employee who politely reminded her that the mask she was holding in her hand was required to be on her face while inside the store.
Monday, March 22, 2021
Coronavirus Update 3-22-2021: Covidiots at Whole Foods
"I'm Jewish; I don't have to wear a mask." That's what the maskless woman (shopping with her maskless teenage daughter) in front of me in line yesterday at the Whole Food fish counter said to the employee who politely reminded her that the mask she was holding in her hand was required to be on her face while inside the store.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 19, 2021
Coronavirus Update 3-19-2021: CDC is now recommending COVID-19 screening tests of asymptomatic employees of certain employers
The CDC is now recommending that certain non-healthcare employers test asymptomatic employees for COVID-19. According to the CDC, this screening "may be useful to detect COVID-19 early and stop transmission quickly" and can be done in done "in addition to symptom and temperature checks, which will miss asymptomatic or presymptomatic contagious workers."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 18, 2021
Coronavirus Update 3-18-2021: Employers facing lawsuits for failing to pay for pre-shift Covid screenings
In the early days of the COVID-19 pandemic, I asked this question: "Are employers legally responsible for paying workers for the time it takes to record their body temperatures before entering the workplace?"
My answer was a legal, "Probably," and a moral, "Definitely."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 17, 2021
Coronavirus Update 3-17-2021: CDC allows large employers to establish vaccination sites
Yesterday, the CDC released guidance permitting large employers to establish temporary sites to vaccinate employees.
The CDC says that employers should consider opting for an on-site vaccination program if they have a large number of employees with predictable schedules and enough space to set up a pop-up clinic while still allowing for COVID-appropriate social distancing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 16, 2021
The 6th nominee for the “Worst Employer of 2021” is … the deportation threatener
Full disclosure — I love Tate's Bake Shop's gluten free cookies. Prior to gluten free Oreos hitting supermarket shelves (I dare you to tell them apart from their full-glutened sibling), I bought Tate's gluten free chocolate chip cookies all of the time. The allegations raised by this story, however, gives me great pause in ever buying their cookies again.
It seems that Tate's is in the middle of a union organizing campaign and the baker is alleged to have threatened with deportation undocumented workers who support the union.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 15, 2021
Ch-ch-ch-ch-changes
Today brings BIG changes for my career and me. It's my first day of work at Wickens Herzer Panza after relocating my practice and joining its Board of Directors, Litigation Department, and Employment & Labor practice team (which I'll help guide).
I am beyond excited for the opportunity and platform my new home offers my practice, my clients, and me. Stay tuned for some exciting ideas about how I can better help your business proactively solve your workforce problems.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 12, 2021
Coronavirus Update 3-12-2021: What does the American Rescue Plan mean for employers?
Yesterday, President Biden signed the American Rescue Plan Act of 2021, aka the $1.9 trillion Covid relief bill. It's the most significant economic relief bill we've seen in decades. Here are four key provisions to which employers should be paying attention.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 11, 2021
Coronavirus Update 3-11-2021: Happy 1st Birthday COVID-19 Pandemic
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 10, 2021
Coronavirus Update 3-10-2021: John Oliver on unemployment
One of the lasting lessons of the COVID-19 pandemic is that our state unemployment systems are old and broken, and desperately need to be modernized and fixed. While the $1.9 trillion Covid relief package that President Biden is expected to imminently sign provides for a $300 federal unemployment bonus for a few months, that is the tiniest of bandaids on this very large problem.
Thankfully, we have John Oliver to offer his commentary on this important issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 9, 2021
Coronavirus Update 3-9-2021: CDC says fully vaccinated people can safely visit fully vaccinated Grandma (but still have to keep wearing masks at work)
Yesterday, the CDC issued its long-awaited guidance on how fully vaccinated people can safely visit others.
- Other fully vaccinated people indoors without wearing masks or staying 6 feet apart; and
- Unvaccinated people from one other household indoors without wearing masks or staying 6 feet apart if everyone in the other household is at low risk for severe disease.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 8, 2021
Coronavirus Update 3-8-2021: Local judge in hot water over “China Virus” comments
Rule number one of this blog has always been, "Don't criticize judges whom you might appear in front of." Rules, however, are made to be broken, and some issues are just too important to ignore.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 4, 2021
Coronavirus Update 3-4-2021: Please pay your employees for time off related to the Covid vaccine
Earlier this week, the House passed an extension of the FFCRA as part of its $1.9 trillion Covid stimulus bill. (I'll cover its details in a future post, but if you're curious now, head over to Jeff Nowak's FMLA Insights.)
One of the new measures in this proposed extension is the inclusion of leave taken by an employee to obtain a COVID-19 vaccine or recover from any injury, disability, illness, or condition related to the vaccine.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 3, 2021
Coronavirus Update 3-3-2021: As states lift mask mandates, remember that the law is always a floor and not a ceiling
I just announced Texas is OPEN 100%.
— Greg Abbott (@GregAbbott_TX) March 2, 2021
EVERYTHING.
I also ended the statewide mask mandate.
With that announcement, Texas joins Mississippi (whose governor made the same announcement yesterday) and many of the other usual suspects with no rules mandating that people wear masks or other facial covering in public or at work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 2, 2021
The 5th nominee for the “Worst Employer of 2021” is … the safety ignorer
Nine days before Christmas, one of my neighbors posted the following on my community's Facebook page.
Any prayer warriors on here, please keep the roofer who just fell off one of the townhouses in your prayers. It doesn't look like he's moving. So so sad 😢.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 1, 2021
Coronavirus Update 3-1-2021: If “doing the right thing” doesn’t motivate you to take COVID-19 safety seriously, then consider the impact on your business if you don’t
The sign on the door of Platform Beer's Columbus, Ohio, taproom reads: "The entire Platform Columbus crew has quit. The taproom is closed until further notice. Thank you!"
— Malibu StⒶsi 🏴 (@MalibuStasi) February 27, 2021
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 26, 2021
Coronavirus Update 2-26-2021: Adaptability
Adaptability to change is itself a hallmark of successful education.
– Peter Hilton
2020 – 2021 has been a different school year for everyone. My kids are fortunate in that their school, Lake Ridge Academy, has been open for full-time, in-person instruction for the entire school year. There have, however, been key changes in the name of safety. For example, the school made the decision not to participate in interscholastic sports this year. My son was able to participate on the Middle School robotics team, with the competition submitted remotely. My daughter had the benefit of participating in the Upper School's fall play, which was staged outside in the warm autumn weather.
The Upper School musical, usually presented on stage in late February, presented a different set of challenges. An outdoor performance is simply not an option in the harsh winter climate of Northeast Ohio. An indoor live performance is also not an option because it simply cannot be executed safely within COVID-19's limitations.
So what did the school do? It adapted. Instead of performing a live, in-person musical, it spent the past several months filming its first-ever movie musical, which it will stream March 5, 6, and 7. And my daughter, Norah, has the lead role.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 25, 2021
The 4th nominee for the “Worst Employer of 2021” is … the socially distant mass discharger
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 24, 2021
Coronavirus Update 2-24-2021: How much does it cost an employer for not following COVID-19 safety rules?
OSHA has cited a Missouri auto parts manufacturer for failing to implement and enforce coronavirus protections, which ultimately lead to an employee's death. The details, from OSHA's news release.
Two machine operators … who jointly operated a press tested positive for the coronavirus just two days apart, in late August 2020. The two workers typically labored for hours at a time less than two feet apart; neither wore a protective facial mask consistently. Ten days later, two more workers operating similar presses together tested positive. On Sept. 19, 2020, one of the press operators fell victim to the virus and died.The total penalty? $15,604. For someone who died during a global pandemic because of his employer's irresponsibility
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 23, 2021
Coronavirus Update 2-23-2021: John Oliver tackles Covid and other safety issues in the meat packing industry
Last year I nominated Tyson Foods for 2020's Worst Employer because some of its managers started a cash buy-in betting pool on which of its employees would fall ill with COVID-19.
This past weekend, John Oliver did a scathing indictment of Tyson Foods and others for their health and safety record during the pandemic and otherwise.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 22, 2021
Coronavirus Update 2-22-2021: Get ready for the glut of Covid whistleblower tag-along claims
The headline reads, "Ex-Manager Sues Ample Hills in Lawsuit Alleging Harassment and Unsafe COVID-19 Protocols" (emphasis mine).
Here's the lede:
Bryce Mottram, a former general manager at one of quirky ice cream purveyor Ample Hills' scoop shops, has filed a lawsuit in New York Eastern District Court alleging that he was fired from the company in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company.
I firmly believe that for the next year-plus, just about every employment-related lawsuit will contain a COVID-19 whistleblower tag-along claim.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 19, 2021
The number one reason not to have a labor union
You would think that an employee who purposely defecates on the workplace floor in an act of revenge against his boss and then brags about it is worthy of termination. And you'd be correct 100 percent of the time … unless that employee is a member of a labor union. An arbitration board cited the employee's lengthy, faithful service record to the company and other mitigating circumstances in reinstating him.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 18, 2021
How do you define success?
This week I had the pleasure of guesting on Pat Perry's Success Wave podcast. During our half-hour-plus conversation, Pat and I discussed a variety of topics, including lawyering in the time of COVID-19 and the key issues I see employers facing in 2021. We also talked about some general business questions, such as this one: How do I define "success." Here's my answer.
You can listen to the full episode on Apple Podcasts or wherever you get your podcasts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 17, 2021
Pop culture as a means to break down inherent biases and prejudiced divides
Think about it. If you want to know where the American public is, look at the money being spent on advertising. Did you ever five years ago think every second or third ad out of five or six you turn on would be biracial couples. [Applause] No, I'm not being facetious. The reason I'm so hopeful is this new generation. They're not like us. They're thinking differently. They're more open. And we have to take advantage of it.
Those were the words of President Biden last night, speaking about race relations during his CNN Town Hall.
He's 100 percent correct.For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 16, 2021
Coronavirus Update 2-16-2021: Are you monitoring your remote employees?
According to this article at Wirecutter.com, employers are using the COVID-19 pandemic as a justification to enhance their monitoring of employees' activities, specifically remote employees.
As COVID-19's spread has prompted an expansion of work-from-home policies across various industries, the use of more-pervasive monitoring software, also known as "tattleware" or "bossware," has increased. The New York Times demonstrated how this software works, but the idea is simple: Once the software is installed, an employer has deeper access and even live monitoring tools for everything you do on your computer, including which applications you open, what websites you visit, and how much time you spend doing different activities. Employers can use this data to track your attendance or periodically snap screenshots of your screen. Some software can even monitor the music you listen to, your facial expressions, your tone of voice, or your writing tone throughout the day. To what purpose depends on the type of work you do—and whom you do it for.
According to Brian Kropp, VP of Research for Gartner, the number of companies that use this "tattleware" has increased from 10 percent pre-COVID to 30 percent currently. It's an epidemic all on its own.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 15, 2021
Coronavirus Update 2-15-2021: CDC updates quarantine guidelines for vaccinated individuals
Must individuals who are fully vaccinated (i.e., have received both vaccine doses) against COVID-19 quarantine if they have been in close contact with someone who has a confirmed case of the virus?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 12, 2021
Coronavirus Update 2-12-2021: Doctor wrongly fired for doing the right thing with expiring COVID vaccine dose
"Ten doses of the Covid-19 vaccine would expire within hours, so a Houston doctor gave it to people with medical conditions, including his wife." So reads the lede in this New York Times story.
What happened next? He was fired.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 11, 2021
Coronavirus Update 2-11-2021: CDC updates its masking guidelines; should you do the same for your business?
The CDC just updated its masking guidelines, now recommending that individuals wear two masks—a well-fitting surgical mask underneath a cloth mask.
Should you be recommending or requiring the same for your business, both for employees and visitors?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 10, 2021
“I’m here live. I am not a cat.”
If you were on the internet yesterday, you likely came across the story of the lawyer who accidentally presented as cat during a Zoom court hearing. The Texas lawyer had accidentally left on a cat filter during a video conference call and was unable to turn it off.
“I’m here live, I’m not a cat,” says lawyer after Zoom filter mishap
— Lawrence Hurley (@lawrencehurley) February 9, 2021
“I can see that,” responds judge pic.twitter.com/HclKlAUwbM
While this story provided everyone a much-needed laugh, it does offer two important points: one about a lawyer's ethical duty of technological competence, and another about the importance of a sense of humor and empathy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 9, 2021
Coronavirus Update 2-9-2021: Time off for the COVID-19 vaccine
At some point over the next few months, some (most?) of your employees will receive the COVID-19 vaccine. Depending on the rules of your state, the nature of your business, and the age or medical issues of your employees, some may already have. I've previous covered the legal issues surrounding the vaccine, here, here, and here. Today I want to cover a practical issue—time-off related to the vaccination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 8, 2021
Have you felt the pain of a wage/hour investigation or lawsuit?
For the past three years, the Department of Labor has been trying to get employees PAID for their unpaid overtime and minimum wages. That's PAID, as in the Payroll Audit Independent Determination program, a creation of the Trump administration that allowed employers to self-report FLSA violations to the Department of Labor without risk of litigation, enforcement proceedings, or liquidated damages.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 5, 2021
Podcast recommendation: The Test Kitchen
I'm always on the lookout for new podcasts to add to my queue. Today's is a doozy. It's called The Test Kitchen, and it comes from the editors of Reply All at Gimlet Media. In four parts, it will tell a sadly familiar tale of racism and toxicity in the workplace. The workplace at issue is Bon Appétit magazine.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 4, 2021
No, you don’t get to keep your paid leave after your position is eliminated
The headline reads, "Trump aides made a late request to Team Biden to extend their parental leave. They said no." Here's the story:
[A] number of ex-Trump political officials … lost their parental leave when Joe Biden was sworn into office. It's a byproduct of the field they're in: Their boss (the president) may have been the one let go, but his departure has meant that they, too, lose their jobs and benefits. Still, they argue that the Biden administration should have honored their leave by keeping them on payroll until the end of it — a request that … the Biden transition did not grant.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 3, 2021
Coronavirus Update 2-3-2021: Have you had to deal with “COVID fraud” in your workplace?
According to Vice, people are using photo editing software to doctor COVID test results.
"I just fired up photoshop and changed the date," wrote one man who had doctored results for an entire group of friends to Motherboard. "Fun fact, the document [test result] was in French whereas they were in Sweden the day it was supposedly made, but they didn't see a problem in that."
The other person took a slightly less sophisticated route and changed the date of an old test with Microsoft Paint for his vacation to Southern Europe.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 2, 2021
Coronavirus Update 2-2-2021: As new COVID-19 variants doubling down on transmissibility, OSHA doubles down on prevenative measures
Not distinguishing between workers who are vaccinated and those who are not: Workers who are vaccinated must continue to follow protective measures, such as wearing a face covering and remaining physically distant, because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person. The CDC explains that experts need to understand more about the protection that COVID-19 vaccines provide before deciding to change recommendations on steps everyone should take to slow the spread of the virus that causes COVID-19.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 1, 2021
How many N-words create a hostile work environment?
Last week, the U.S. Supreme Court was asked to answer these questions:
- Whether an employee's exposure to the N-word in the workplace is severe enough to send his Title VII hostile-work-environment claim to a trier of fact.
- Whether and in what circumstances racial epithets in the workplace are "extremely serious" incidents sufficient to create a hostile work environment under Title VII, rather than nonactionable "mere utterances."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 29, 2021
New Music Friday: “Wish I Was Ur Guitar,” by norah marie
Welcome back to New Music Friday. Today, I'm so happy to share my 14-year-old daughter's first-ever single, "Wish I Was Ur Guitar."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 28, 2021
I applaud any company that takes a stand in support of democracy
Meet Bob Unanue, the (for now) CEO of Goya Foods. Here he is talking to Maria Bartiromo on Fox Business.
Goya Foods CEO Bob Unanue tells Maria Bartiromo how coronavirus was used for “ushering in the dawn of a new world order, this Great Reset, with an unverified election,” falsely claims 80 million people voted for Trump. “There is a war coming.”
— Eric Kleefeld (@EricKleefeld) January 20, 2021
Maybe rename the company “MyBeans”? pic.twitter.com/Kw8WXoTBLg
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 27, 2021
Coronavirus Update 1-27-2021: Tread carefully if offering employees financial incentives to get the COVID-19 vaccine
To a nation waiting for action, let me be clearest on this point: Help is on the way.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 26, 2021
The 3rd nominee for the “Worst Employer of 2021” is … the pregnant pauser
Pregnancy discrimination has been illegal for at least 43 years. You'd think employers would know better. You'd also lose a lot of bets if you bet against the ignorance of some employers.
Meet Awon Phie LLC, which operates a Holiday Inn Express in Corpus Chrisi, Texas, our third nominee for the "Worst Employer of 2021." How did it earn its nomination? According to a lawsuit the EEOC filed against it, three weeks after hiring an employee to work as a housekeeper, the company's operations manager, noticing her stomach, told her she was a "liability" because of her pregnancy, that she couldn't employ a pregnant woman, and fired her.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 25, 2021
Coronavirus Update 1-25-2021: President Biden calls for unemployment benefits to employees who refuse to work because of Covid
Late last week, President Biden signaled that part of his overall plan to provide economic relief for American families and businesses amid the COVID-19 crisis is to broaden the availability of unemployment benefits to employees who quit their jobs related to Covid.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 22, 2021
Civil rights is not a pizza
Among the litany of executive orders President Biden issued in his first two days in office was one on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. It's a beautiful statement adopting as the policy of the federal government the Supreme Court's decision in Bostock that Title VII's definition of sex explicitly includes LGBTQ employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 21, 2021
Instead of reading my thoughts, today I offer you two options to listen to them
One of the great benefits of this blog is the opportunities it has opened for me to network with others. One of the great benefits of that networking is the ability to sometimes have my voice heard on other platforms. Today, I offer for your listening pleasure two podcasts on which I've recently appeared, the HR Social Hour Half Hour Podcast, and the Tech Leader's Toolbox Podcast.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 20, 2021
Inauguration Day
Today is a wonderful day.
28 years ago, January 20, 1993, I was on the National Mall experiencing the inauguration of Bill Clinton. One of my absolute best memories. I treasure the day I spent as part of history.
Democrat or Republican, left or right, liberal or conservative, it’s a day that we should ALL come together to celebrate our nation and our glorious democracy.
So even if you disagree with the person placing his hand on the Bible and swearing the oath of office, please celebrate all that it symbolizes.
At noon, I’ll be pausing my work day and moving to my family-room couch to watch history.
How will you spend Inauguration Day? Drop a comment below and let me know.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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What employers can expect from Biden’s presidency: A temporary emergency OSHA standard for COVID-19
Today marks the one-year anniversary of the identification of the first COVID-19 case in the United States. On January 20, 2020, the State of Washington and the CDC confirmed that someone in Washington State had contracted the virus. Since then, 24,809,840 additional Americans have contracted Covid, and 411,520 have died from it.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 19, 2021
Biden calls for extension and expansion of FFCRA
As you should hopefully be aware, the Families First Coronavirus Response Act (FFCRA), the federal law that provided paid leave to employees for Covid-related absences, expired on December 31, 2020, with an option for employers to voluntarily expand leave through March 31, 2021. The problem, however, is that while this leave has expired or will soon expire, COVID-19 is not expiring any time soon.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 18, 2021
What employers can expect from Biden’s presidency: A $15 minimum wage
This week I'll be examining what employers can expect from Joe Biden's presidency. Today, a $15 minimum wage.
Late last week President-elect Biden released his America Rescue Plan, a comprehensive legislative package to provide relief to those struggling because of COVID-19. Among its proposals was a $15 minimum wage.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 15, 2021
The 2nd nominee for the “Worst Employer of 2021” is … the stillbirthing leave spurner
When I close out this contest at the end of each year I ask myself, "Jon, will you be able to find sufficiently awful nominees for the next year?" Each year answers this question with a resounding yes. 2021 is no exception.
I bring you the District of Columbia Public Schools, which denied maternity leave to a teacher after she suffered the tragedy of delivering a stillborn baby.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 14, 2021
H.B. 352 finally fixes Ohio’s broken employment discrimination statute for employers
For lack of more artful description, Ohio's employment discrimination law was a mess. It exposed employers to claims for up to six years (the longest such statute of limitations in the country), contained no less than three different ways for employees to file age discrimination claims (each with different remedies and filing deadlines), rendered managers and supervisors personally liable for discrimination, and omitted any filing prerequisites with the state civil rights agency.
The start of 2021, however, provides Ohio businesses much-needed reform of this previously broken law. Earlier this week, Governor DeWine signed House Bill 352 [pdf].
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 13, 2021
Github fires employee for using the n-word … Nazi
Software company GitHub is taking a lot of heat for firing a Jewish employee for referring to the people who stormed the Capitol on January 6 as "Nazis." The Verge has the details:
GitHub reportedly fired a Jewish employee after he posted a message in Slack that said "stay safe homies, Nazis are about" the day of the attack on the US Capitol….
The message sparked controversy inside the company, with one colleague criticizing him for using divisive language. GitHub's HR team chastised the employee for using the word "Nazi" in a company Slack channel. Two days later, GitHub allegedly fired him, citing vague patterns of behavior.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 12, 2021
Coronavirus Update 1-12-2021: 8 of the 10 deadliest days in US history are because of Covid
While we've all been mentally overcome by the rebellion that unfolded at the Capitol and the civil war that I fear it started, Covid-19 continues to rage around the country. Hundreds of thousands are falling ill each day, hospitals are stretched to capacity, and thousands are dying daily. The circle of people with Covid is closing in personally, and the number of calls I am receiving from clients with the question, "We've had an employee test positive; what do we do," has increased exponentially. All the while, the rollout of the vaccine, which was supposed to save us from this pandemic, has been too slow and uneven.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 11, 2021
“Beware systemic discrimination,” says EEOC to employers
Systemic discrimination has multiple meanings, according to the EEOC:
- A "pattern or practice, policy, and/or class cases where the discrimination has a broad impact on an industry, profession, company, or geographic location."
- "Bias that is built into systems, originating in the way work is organized," referring to "structures that shape the work environment or employment prospects differently for different types of workers."
- "Patterns of behavior that develop within organizations that disadvantage certain employees and become harmful to productivity."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 8, 2021
When you discover that you employ a seditious rebel #TraitorsGettingFired
Elizabeth wasn’t ready for the revolution to be televised😂 pic.twitter.com/LibeNAuE6h
— xy467chr (@xy467chr) January 6, 2021
Why is Jake Angeli walking free? If he can be named in this article, and he was part of the insurrectionist movement yesterday, he committed a crime by invading the Capitol and he should be arrested. https://t.co/5hUbek57nc
— Dr. HawaiiDelilah™ (@HawaiiDelilah) January 7, 2021
This is Paul Davis. Paul is a lawyer. He’s also associate general counsel & director of human resources at Goosehead Insurance. Today he stormed the capitol building in an attempt to stage a coup against the US government and documented it (!) on Instagram. @followgoosehead pic.twitter.com/eTkoK92ujL
— Roger Sollenberger (@SollenbergerRC) January 7, 2021
NEW: A Maryland company has terminated one of its employees after he was apparently captured in a picture during the mob riot in the Capitol yesterday. @wbaltv11 pic.twitter.com/flxRhdmP3P
— Tre Ward (@TreWardWBAL) January 7, 2021
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 7, 2021
I’m pretty far from okay
I’m not okay with what happened yesterday. I’m angry, I’m sad, and I’m scared for the future of our country and our democracy.
If you don’t reject what happened without reservation or qualification, please unfollow me.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 6, 2021
I’m not in Kansas anymore … or ever (an unemployment fraud story)
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Tuesday, January 5, 2021
The 1st nominee for the “Worst Employer of 2021" is … the bogus bonus payor
We all felt for Clark Griswold when, instead of his expected year-end bonus, he received a one-year membership to the Jelly of the Month Club (the gift that keeps on giving the whole year).
What's the cruelest prank you can make on employees who are struggling during a pandemic when millions of people have lost their jobs or lives? GoDaddy … tried to find out when it sent employees a fake email informing them they'd receive a $650 holiday bonus. …
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 4, 2021
Coronavirus Update 1-4-2021: DOL approves telemedicine visits to establish a serious health condition under the FMLA
With the COVID-19 pandemic closing health-care-provider offices or severely limiting patient access, many have turned to telehealth to remotely obtain healthcare from the safety of their homes. The question arose, however, whether these remote visits would qualify as "treatment" under the FMLA's qualifying definition of a "serious health condition," which under the FMLA's regulations requires an "in-person visit to a health care provider," and does not include "a phone call, letter, email, or text message."
While you were celebrating your December holidays, the Department of Labor issued a Field Assistance Bulletin [pdf] addressing this issue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, December 23, 2020
’Twas the Employment Law Night Before Christmas
In what has become an annual tradition for my final post of the year, I bring you the holiday classic, ’Twas the Employment Law Night Before Christmas.
’Twas the night before Christmas, when all through the office
Not a creature was stirring … well, just one of the bosses;
The bonuses were paid by the company with care,
In hopes that no ungrateful employees would swear.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, December 22, 2020
Coronavirus Update 12-22-2020: Congress approves an FFCRA extension (sort of)
Late yesterday, Congress approved the Consolidated Appropriations Act, 2021, better known as its $900 billion COVID-19 rescue stimulus. President Trump is expected to sign it into law.
Buried within the bill's 5593 pages (on pages 2033 - 2037) is an extension of tax credits for paid sick and family leave under the Families First Coronavirus Response Act, which otherwise would have expired on December 31.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Worst Employer(s) of 2020: The Winners
It brings me tremendous joy to announce the Worst Employer(s) of 2020.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, December 21, 2020
Coronavirus Update 12-21-2020: Ensuring compliance with your Covid safety protocols shouldn’t be a mission impossible
British newspaper The Sun published leaked audio capturing Tom Cruise angrily addressing two crew members who he believed had breached Covid-19 protocols while filming "Mission Impossible 7."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, December 18, 2020
The best way to spread Christmas cheer is singing loud for all to hear
In his semi-eponymous movie, Buddy the Elf famously explained, "The best way to spread Christmas cheer is singing loud for all to hear."
Today, I'm choosing to use my valuable internet space to spread some Christmas cheer of my own. Please don't worry, it's not me singing, which would spread whatever the opposite of cheer is. Instead, it's my resident songstress, Norah Marie, who used her iPhone to self-record and mix this lovely (IMHO) cover of "Jingle Bell Rock."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, December 17, 2020
Coronavirus Update 12-17-2020, part 2: The COVID-19 vaccine and race discrimination
One issue the EEOC omitted from its technical guidance on the COVID-19 vaccine is the issue of race discrimination.
If you are going to adopt a mandatory vaccination policy for your workplace (which the EEOC says you can do, subject to reasonable accommodation exceptions under the ADA for medical issues and Title VII for sincerely held religious beliefs or observances), then you must account for the possibility of that policy having a disparate impact based on race. Otherwise, you might be setting yourself up for a potential race discrimination lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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