Tuesday, August 3, 2021
Coronavirus Update 8–3–2021: What the CDC’s new mask guidance actually says and means
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, August 2, 2021
Coronavirus Update 8–2–2021: Employers, now is the time to mandate Covid vaccines
As short as a few weeks ago, I'd have told you that the choice to get vaccinated is a personal one, and that employers that mandated the Covid vaccine for their employees were over-stepping into their employees' medical privacy.
That was before last week's news that the Delta variant has taken hold and taken off. As we now know that Delta is more transmissible than the chickenpox or the common flu, impacting younger people, and likely more dangerous than prior variants, our country is in a dark place with this virus, and it's rapidly getting darker.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, July 23, 2021
Coronavirus Update 7–23–2021: We talkin’ bout masks! We ain’t talkin’ bout the vaccine, we talkin’ bout masks.
I'm not proud of this but i just made a scene in public for the first time in my life… I walked into a Starbucks and they asked me to put a mask on! I yelled this is ridiculous, so I turned around and walked out. I know what you're thinking… My first mistake was walking into a Starbucks:)
I came across the post written by the former Hercules actor a couple of nights ago while perusing my LinkedIn feed. Three things came to mind.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, July 22, 2021
Coronavirus Update 7–22–2021: How the ADA and FMLA apply to Covid long haulers
The risks associated with Covid-19 aren't limited to the 625,000 Americans this virus has killed or the 2.3 million hospitalizations. One of the greatest risks comes from the fact that nearly one-third of Covid-19 patients will develop long-haul symptoms that long outlast the actual infection, and further that nearly one-third of all Covid long haulers had asymptomatic Covid cases. These long-haul symptoms can include fatigue, respiratory problems, "brain fog," body aches and muscle pain, abdominal issues, and loss of smell and taste. They can be quite debilitating and last for months or longer.
If you have an employee experiencing one or more of these long-haul symptoms, what are your legal obligations to that employee under ADA and FMLA?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, July 21, 2021
Coronavirus Update 7–21–2021: Employers, now is the time to ready your back-to-school plans
Children nationwide are getting ready to go back to the school for the 2021 – 22 school year, the third school year students and their parents will be living and dealing with, Covid-19.
Here's what we know about what this school year will look like.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, July 20, 2021
When protected concerted activity isn’t protected
Netflix has fired three marketing executives for criticizing their co-workers over Slack. According to The Hollywood Reporter, "the executives in question thought the messages were private. An insider says an employee stumbled across several months’ worth of these messages and reported it."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, July 19, 2021
An adverse jury verdict is just a number on a piece of paper
Late last week, a federal jury tagged Walmart with a verdict totaling more than $125 million in a disability discrimination lawsuit the EEOC brought on behalf of an employee with Down syndrome.
The facts were not great for Walmart.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, July 16, 2021
Coronavirus Update 7–16–2021: Ohio prohibits schools from mandating the Covid vaccine
Ohio currently requires that students receive each of the following vaccines (subject to medical or religious exceptions) as a condition of attending school: diphtheria, tetanus, pertussis, polio, measles, mumps, rubella, hepatitis B, chickenpox, and meningococcal.
The one vaccine that Ohio schools can no longer mandate as a condition of attendance or participation in activities? The Covid-19 vaccine.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, July 15, 2021
There’s nothing illegal about paying employees a “day rate,” as long as you also pay an overtime premium for overtime hours
Here's how the president of Fusion Japanese Steakhouse describes the manner in which his company (unlawfully) pays its kitchen staff:
I pay a teriyaki chef $120 per day. He worked ten hours—ten hours a day. So here’s how to calculate it. He works ten hours a day at $120 a day. I divide it by hours, and it’s $10.97 per hour. If he works overtime, it will be $16.20 overtime pay. So $120 a day, I have it covered because it was way past—way beyond $7.25 minimum wage rate. So I take consideration of the industry standard, you know. So either it is for teriyaki chef, it is $120 or $120 per day.In other words, as the court correctly surmised in Walsh v. Fusion Japanese Steakhouse, the employer "works backward to calculate the hourly rate of the employees based on the day rate." That backward calculation, however, to jerry-rig an hourly rate plus and overtime rate to arrive at the agreed-upon day rate, is not legal.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, July 14, 2021
The 10th nominee for the “Worst Employer of 2021” is … the transphobic terminator
Kimberly Grinage was born male but identifies as a transgender woman. That fact presented a huge problem for her during her employment at an Extended Stay America property, as she alleges in her lawsuit. She claims that her Christian manager fired her specifically because he did not want a transgender woman working for him.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, July 13, 2021
Coronavirus Update 7–13–2021: The 3 reasons why it matters that you get vaccinated (even if I’m vaccinated)
"If you're vaccinated, and the vaccines work, why do you care if I get vaccinated? Let me live my life. My body, my choice." This sentiment echoes a popular refrain of those who are anti-vax or otherwise not getting the Covid vaccine.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, July 12, 2021
You don’t need to wait for President Biden to fix what’s wrong with non-compete agreements
On Friday, President Biden signed an Executive Order on Promoting Competition in the American Economy. According to the Order, its goal is to promote a "fair, open, and competitive marketplace" and "the welfare of workers, farmers, small businesses, startups, and consumers" through the elimination or limitation of "excessive market concentration," which "threatens basic economic liberties, democratic accountability." One of the President's targets is "companies [that] require workers to sign non-compete agreements that restrict their ability to change jobs." Indeed, according to the President, half of private-sector businesses require at least some employees to enter non-compete agreements, affecting some 36 to 60 million workers.
Thus, President Biden ordered "the Chair of the FTC … to consider working with the rest of the Commission to exercise the FTC's statutory rulemaking authority … to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, July 9, 2021
WorldatWork’s Work in Progress podcast—Episode 118: A Conversation with Employment/Labor Attorney Jon Hyman
This week marks my record-setting third appearance on WorkatWork's Work in Progress podcast. Tune in to listen to me talk about employer vaccination policies, transgender bathroom rights, workplace drug testing, and an assortment of other controversial issues in between. We also started our conversation with a bonus chat on the latest RRHOF inductees. Which one am I most excited about? You'll have to listen to find out.
A huge thank you to Charles Epstein and Tom Alexander for inviting me back on. Tom, I'm anxiously awaiting receipt of a Popeye's chicken sandwich as my "three-timer" award. I'm just hoping it's delivered in the form of a value-appropriate gift card and not an actual sandwich.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, July 8, 2021
Religious accommodations shouldn’t flummox employers, yet they still do
I've shared this story before, but it's worth re-sharing because (a) it's been a few years and I have many new readers, (b) it's really good, and (c) because it's super relevant to today's lesson.
I spent a high-school summer working on a warehouse loading dock. One of my co-workers was named Harland Jester. (I provide his name because he named his son "Court," and this context provides the necessary color for the rest of the story.)Four days into my summer job, a co-worker pulled me aside and asked, "Did Harland get a hold of you yet?"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, July 7, 2021
ABA President fixes the victim-blaming problem the ABA Journal created for working moms
Yesterday, I was highly critical of the ABA Journal for publishing a column that victim-blamed working moms for their lack of advancement in the legal profession. Then, ABA President Patricia Lee Refo did what she could to fix the injustice created by the journal of the organization she runs.
In her own column—Women's success in legal careers: Lack of advancement is not a 'woman' problem, it’s a 'profession' problem—Refo took apart the notion that female attorneys are to blame for their lack of upward mobility. They have not failed, Refo correct argues, their employers have failed them.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, July 6, 2021
The American Bar Association must never again victim-blame working-parent attorneys for the discrimination they suffer
The ABA Journal recently published a column by
Susan Smith Blakely, a career counselor and former law-firm partner, that does a gross injustice to every law-firm working parent.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 30, 2021
Coronavirus Update 6–30–2021: Because of your vaccine hesitancy, COVID-19 is here to stay
Last week I asked you, my readers, for your creative ideas to incentivize more people to get vaccinated.
Your thoughts—
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, June 29, 2021
Transgender bathroom access remains a solution in search of a problem
Yesterday, the Supreme Court declined to hear the appeal of a school district challenging the right of a transgender student to use the bathroom that corresponded to his gender identity, leaving in place the landmark 4th Circuit opinion holding that transgender bathroom restrictions constitute illegal sex discrimination.
This decision falls in line with the EEOC's recent statement on this issue for employers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, June 28, 2021
Coronavirus Update 6-28-2021: Television meteorologist April Moss correctly fired for on-air rant against employer’s Covid policies
WWJ CBS Detroit fired meteorologist April Moss after objecting on-air against her employer's COVID-19 policies. Moss paused her Father's Day weather forecast to say, "And speaking of a brand new week, I will be sitting down this week with Project Veritas to discuss the discrimination that CBS is enforcing on its employees. Tune in to Project Veritas for my full story." (Project Veritas is a controversial far-right activist group that uses hidden camera footage to attack its targets.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, June 25, 2021
Coronavirus Update 6-25-2021: Post-Covid pet-friendly workplaces?
"Does returning to the office mean bringing pets to work?" is a question that recently caught my eye as I was scrolling through my feed on LinkedIn (thanks David Miklas).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, June 24, 2021
Coronavirus Update 6-24-2021: Crowdsourcing new ideas on how to get more people vaccinated
- State-sponsored vaccine lotteries.
- Relaxed or eliminated mitigation rules for the fully vaccinated.
- Paid time off for vaccines and side effects.
- Gift cards and other monetary incentives.
Governments and employers seemingly have tried everything to get as many people vaccinated as quickly as possible.
Yet, we are failing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 23, 2021
Coronavirus Update 6-23-2021: We now live a Covid-bifurcated society — the vaccinated and the will-get-sick
I spent last weekend visiting my parents in Philadelphia. Because of the pandemic we had not seen them in 20(!) months. It was a glorious five-day visit.
During our trip to Philly we mixed in a visit to Donovan's cardiologist (whom he had also not seen in 20 months). We learned two things from that appointment.
First, Donovan's (formerly) narrow pulmonary valve responded amazingly to his October 2019 procedure.
Secondly, Covid is still spreading like wildfire among the unvaccinated, even kids. We learned that pediatric ICUs are full of unvaccinated children with serious and dangerous COVID-19 infections. According to Donovan's cardiologist, "It is now painfully clear that you will either get vaccinated or you will get COVID."
Further proof of our Covid-bifurcated society? Consider the Manatee County, Florida, IT Department, which was just ravaged by a COVID-19 outbreak. According to CNN, of the six people infected, five were hospitalized and two died. They were all unvaccinated. The only exposed employee who did not get infected happened to be the only vaccinated employee.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, June 22, 2021
Coronavirus Update 6-22-2021: Workplace things Covid has not changed—you can still fire dishonest employees
Suppose an employee leaves work claiming Covid-like symptoms. He then calls off work for the next two weeks, claiming he is quarantining at home at his doctor's recommendation. Can you fire the employee during that quarantine period? Does your opinion change if you learn during the quarantine that the employee's doctor never recommended the quarantine and the employee lied about receiving that recommendation?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 16, 2021
Explaining the EEOC’s brand-new LGBTQ+ resources in three words
Yesterday, Bostock v. Clayton County—the Supreme Court decision which held that Title VII expressly covers and protects gay and transgender employees—celebrated its one-year anniversary.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, June 15, 2021
HR horror stories
For example, consider the following, which I found on the local police blotter—
Ex-employee in deep doo-doo after prank: A cashier reported an employee who had given his two weeks’ notice was seen running from the restaurant restroom to his car and driving away. A check of the restroom revealed the suspect had scattered dog feces on the floor. He was arrested and charged with criminal mischief.Based on my experience, this story is quite tame. Just the floor? What about the walls? And only dog feces? Or was it really just dog feces?
I posted that story on LinkedIn and asked if anyone could top it. My followers did not disappoint.
I'm omitting names and employers to protect the guilty. Happy Tuesday!
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, June 14, 2021
Coronavirus Update 6-14-2021: It took all of 12 days for 117 employees to learn what it feels like to lose a lawsuit in spectacular fashion
Twelve days ago I predicted that the 117 hospital workers suing their employer over its mandatory COVID-19 vaccine would lose their lawsuit in spectacular fashion.
I love it when I'm very, very correct.
Over the weekend, Judge Lynn Hughes of the United States District Court for the Southern District of Texas issued a pointed five-page opinion that eviscerated the plaintiffs' arguments and dismissed their lawsuit. The losers vow to appeal and fight on. To quote one of my law school professors, I say, "Too bad, so sad, hard cheese."
Here's what I predicted about this case and the plaintiffs' arguments, and here's what Judge Hughes had to say.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, June 11, 2021
Coronavirus Update 6-11-2021: OSHA’s long-awaited COVID-19 safety rule is a big bowl of … meh
Today is the 15-month anniversary of the COVID-19 pandemic. All that employers have asked of OSHA during the past year and a quarter is some clear guidance on the rules and expectations to keep employees healthy and safe. Yesterday, OSHA finally complied … sort of.
For all other employers, OSHA updated its voluntary guidelines to focus primarily on protections for unvaccinated and otherwise at-risk workers. These updates largely track the CDC's updated guidelines for the fully vaccinated.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, June 10, 2021
Coronavirus Update 6-10-2021: The patients have taken over the asylum
- Prohibit anyone from mandating, incentivizing, or otherwise requesting their employees, customers, or students get vaccinated;
- Make it illegal for anyone to require a vaccination for someone who refuses based on medical contraindication, natural immunity, religious convictions, or other reasons of conscience; and
- Prohibit anti-vax discrimination.
Testimony going off the rails now.
— Tyler Buchanan (@Tylerjoelb) June 8, 2021
Tenpenny is claiming there is metal in the vaccine that causes forks to stick to your forehead. She saw videos of it on the internet, you see
Also promoting the 5G cell phone network vaccine theory. This is the anti-vaccine "expert witness" pic.twitter.com/sPpuAqmHba
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 9, 2021
Coronavirus Update 6-9-2021: No, the COVID-19 vaccine has not killed more people than mass shootings, and it’s not even close
In Miller v. Bonata, a federal district court held that California's 30-plus-year ban on assault weapons violates the Second Amendment. In support of his holding, Judge Roger Benitez made the following analogy, in arguing in support of the lack of harm assault weapons pose: "More people have died from the Covid-19 vaccine than mass shootings in California."
Judge Benitez is wrong, and it's not even a close case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, June 8, 2021
Coronavirus Update 6-8-2021: OSHA updates employers of N95 use
OSHA recently provided employers an update on the proper use of N95 masks, including a new video, poster (in English and Spanish), and FAQ (which makes is clear that "an N95 respirator is effective in protecting workers from the virus that causes COVID-19).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, June 4, 2021
Celebrating the important stuff
Donovan was diagnosed with Noonan Syndrome when he was just five months old. His gastroenterologist heard a heart murmur, which caused her to refer us to a cardiologist. She diagnosed his pulmonary valve stenosis. Since 60 percent of people with this heart defect also have Noonan Syndrome, the cardiologist referred us to a geneticist, who made the ultimate genetic diagnosis.
Donovan's diagnosis was a gut punch for my wife and me; we had no idea what life would hold for him.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, June 3, 2021
Now is as good a time as ever for a cybersecurity refresher
In light of the recent crippling Russian cyber-attacks on Colonial Pipeline and JBS, now is a perfect time for a refresher course on cybersecurity.
Here are some A+ resources I've previously provided:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 2, 2021
Coronavirus Update 6-2-2021: 117 employees are about to learn what it feels like to lose a lawsuit in spectacular fashion
117 employees have sued their employer, Houston Methodist Hospital, over its requirement that all employees receive the COVID-19 vaccine.
In a statement, hospital CEO Dr. Marc Boom said, "It is unfortunate that the few remaining employees who refuse to get vaccinated and put our patients first are responding in this way. It is legal for health care institutions to mandate vaccines, as we have done with the flu vaccine since 2009. The COVID-19 vaccines have proven through rigorous trials to be very safe and very effective and are not experimental."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, June 1, 2021
Coronavirus Update 6-1-2021: EEOC says that employers legally can offer incentives to employees to get vaccinated in almost all instances
Employers have been anxiously waiting for the EEOC to publish its guidance for employers on incentives offered to employees in exchange for receiving the COVID-19 vaccine. Late last week, the EEOC finally released that guidance. The issue is whether the incentive renders the vaccine coerced and therefore non-voluntary, which would be unlawful under the ADA and GINA.
What did the EEOC say:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, May 28, 2021
Yes, Karen, your boss really can fire you for being a Karen
Do you remember Amy Cooper? She was the woman who called police on a Black man (Christian Cooper, no relation) who crossed her path while she was walking her dog in Central Park. One day later, her employer, Franklin Templeton, fired her, explaining, "We do not tolerate racism of any kind at Franklin Templeton." One year late, she has filed suit against her former employer, claiming that she was wrongfully terminated based on the company's failure to investigate what actually happened in the park.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, May 27, 2021
Happy 15th Birthday, Norah!
Today, my rock-star daughter turns 15.
There's lots I can say about Norah, but I've shared so much over the years that I feel like it'd just be repetitive. So instead of writing about what a sweet, smart, compassionate, talented human she is and has always been, today I'm turning this space over to her.
Norah's "final exam" for her 9th grade English class was a creative writing assignment. They were given very little direction. Just, "You have a week; write something creative." With her permission, today I'm publishing what she wrote. I found it so moving and so outstanding that I think it needs to be shared with as wide of an audience as possible. Enjoy.
And please take a moment to wish Norah a happy birthday. You'll find her on Twitter @normlmao_ or @norahmariemusic.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, May 26, 2021
Coronavirus Update 5-26-2021: Vaccination-status harassment
"I can't believe you got vaccinated. It's an experimental drug that I'm not injecting into my body. Besides, I heard that Bill Gates and the global elites implanted 5G trackers in the vaccine. All the government wants to do is control us, and you're letting them by submitting to these shots. Sheeple!"
"I can't believe you're not getting vaccinated. Don't you care about protecting yourself and others? This vaccine has been tested, vetted, and is safe and effective. We need to reach herd immunity if we want this pandemic to end, and you're not doing your part. Selfish!"
Some version of this drama is likely playing out in your workplace. And it has to stop, ASAP.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, May 25, 2021
Coronavirus Update 5-25-2021: How to enforce masks rules at work without breaching ADA confidentiality rules
If an employer is supposed to keep an employee's vaccination status as a confidential medical record, how is an employer supposed to enforce the CDC's most recent guidance that permits fully vaccinated individuals to unmask?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, May 21, 2021
Coronavirus Update 5-21-2021: We need a digital vaccine passport
Yesterday's post about COVID-19 vaccine-card fraud got me thinking about what we need to do to combat it (other than trying to spot fakes when we can and diligently enforcing the criminal laws that already prohibit this fraud). My answer:
A national digital vaccine passport.
But it's complicated.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, May 20, 2021
Coronavirus Update 5-20-2021: Fake Covid vaccine cards are a growing problem, and also a federal crime
Fraudulent COVID-19 vaccine cards are readily available online, and their prevalence will only grow with the CDC's loosening of its mitigation guidelines for the fully vaccinated.
The problem has gotten so bad that the FBI is now warning people that making or buying a fake COVID-19 vaccination record card is a federal crime.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, May 19, 2021
Coronavirus Update 5-19-2021: OSHA sends employers a strong signal that it intends to follow the CDC on masks
One open issue stemming from the CDC's about-face on masking for the fully vaccinated is how OSHA would address these new guidelines. When OSHA published its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace in late January, it made it clear that one's vaccination status had zero impact on an employer's obligation to require masks in all cases.
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.
In the world of Covid, three and half months is an eternity, so here we are just three and a half months later living in a country without facial coverings for the fully vaccinated. So what says OSHA?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, May 18, 2021
The 9th nominee for the “Worst Employer of 2021” is … the enslaving employer
Today, a break from talking about the CDC and masks (but more tomorrow) to bring you a truly awful nominee for the Worst Employer of 2021.
For the past two years, a human trafficker or enslaver hoisted the "Worst Employer" trophy at year's end. Will 2021 bring us a threepeat?
NBC News reports on a strong contender:
The FBI was at a massive Hindu temple in New Jersey on Tuesday that has been accused in a lawsuit of luring Indian men from marginalized communities to the U.S. and forcing them to work nearly 90 hours a week for around $1 an hour.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, May 17, 2021
Coronavirus Update 5-17-2021: It’s spelled HIPAA, not HIPPA … fixing some common misconceptions about the Health Insurance Portability and Accountability Act
Ever since the CDC amended its COVID-19 guidance to say that the fully vaccinated no longer need to wear masks indoors, I've read myriad variations of this tweet:
Friendly reminder that under HIPPA, your vaccination status is private.
Or this tweet:
The rule is simple, HIPAA protects EVERY American from disclosing ANY of their health records to ANYONE.Their point? That medical privacy laws protect their vaccination status, and it's illegal for any business to ask as a condition of anything.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, May 14, 2021
Coronavirus Update 5-14-2021: CDC ends masking and social distancing for the fully vaccinated, but what does it mean?
Yesterday, the CDC updated its Covid guidance to remove all masking and social distancing guidance for those of us who are fully vaccinated. According to the CDC—
- If you are fully vaccinated, you can resume activities that you did prior to the pandemic, without wearing a mask or physically distancing.
- If you are not fully vaccinated, you must keep wearing masks when around others indoors.
But what does this really mean? And, more to the point, how you know who's vaccinated and who's not so that you can permit them to remove their masks inside your business?
But what does it really mean? And, more to the point, how do you know who's vaccinated and who's not so as to allow anyone to be unmasked?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, May 13, 2021
Coronavirus Update 5-13-2021: Governor DeWine ends all Covid public health orders, and goes game show host to get more people vaccinated
Last evening, Governor DeWine held a statewide address to announce the availability of the Pfizer vaccine for Ohioans ages 12 - 15. That news was not shocking. The rest of what he had to say, however, was.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, May 12, 2021
Coronavirus Update 5-12-2021: We are in the midst of a public mental-health crisis; how employers can help
Consider these statistics, courtesy of the National Institute of Mental Health, which recently examined mental health issues one year into the COVID-19 pandemic:
- 31% of people report symptoms of anxiety or depression
- 13% report having started or increased substance use
- 26% report stress-related symptoms
- 11% report having serious thoughts of suicide in the past 30 days
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, May 11, 2021
Coronavirus Update 5-11-2021: I ❤ science
Late yesterday, the FDA announced that it has authorized Pfizer's COVID-19 vaccine for 12-15-year-olds. It's the best news I've heard in 14 months. We've literally been living on pins and needles, feeling like we are daily dodging viral bullets as we wait for our high-risk 12-year-old and his 14-year-old sister to be able to get vaccinated.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, May 10, 2021
Coronavirus Update 5-10-2021: EEOC Commissioner wants industry-specific Covid guidelines
Last week, the EEOC held a public meeting on the impact of the COVID-19 pandemic on civil rights in the workplace. Following up on the remarks at that meeting, EEOC Commissioner Keith Sonderling, speaking at a virtual summit held by the Institute for Workplace Equality, said that employers need guidance on whether their Covid-related decisions are legal, and that the EEOC should issue industry-specific guidance to clear up these ambiguities.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, May 7, 2021
Happy birthday to me!
This weekend, the Ohio Employer Law Blog turns 14!
May 9, 2007 — my first post ever here at the blog. 3,628 posts and three law firms later, happy birthday to me!
May 9 offers another reason to celebrate, Mothers' Day. I haven't seen my mom in 19 months, but with vaccines hopefully on the immediate horizon for my kids, I should be able to give my mom a sorely missed and needed hug really soon. This long-distance message will have to do until then.
Today also happens to be my mom's birthday, so everyone please wish her a happy one!
Next week, more legal stuff, starting with some good, and not-so-good, news from the EEOC.
* Photo by Marty Southwell on Unsplash
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, May 6, 2021
Coronavirus Update 5-6-2021: Do your employees have “Covid anxiety syndrome”?
The Telegraph recently tweeted about what is being called "Covid anxiety syndrome." The whole thread is a fascinating read, but its bottom line is that some people are reacting irrationally by continuing extreme Covid mitigation measures when they are no longer needed.
The Guardian quotes professor Marcantonio Spada London South Bank University, who first theorized this syndrome after noticing people were developing a particular set of traits in response to Covid.Fear is normal. You and I are supposed to fear the virus because it's dangerous. The difference, however, in terms of developing a psychopathological response is whether you end up behaving in … overly safe ways that lock you into the fear. My expectation is we're going to have … chunks of the population that are avoiding re-engagement and constantly worrying about the virus for months to come, whether they are vaccinated or not.
So here's my question for you — do you have employees experiencing such behavior? Continuing to insist on remote work even after being fully vaccinated? Wearing a mask all of the time, even when alone in an office? Insisting on constantly wiping down surfaces as if they are disinfecting a crime scene?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, May 5, 2021
Coronavirus Update 5-5-2021: NFIB’s survey of small employers reveals some disturbing Covid vaccination trends
The National Federation of Independent Business just released the results of its most recent Covid-19 Small Business Survey. 546 businesses, all with fewer than 200 employees, provided their experiences on a variety of Covid related topics. The results that jumped off the page, however, were the two questions about the Covid vaccine.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, May 4, 2021
An update on the Worst Employer of 2019
What did Bobby Edwards do to earn the title of the Worst Employer of 2019?
Bobby Edwards, the manager of J&J Cafeteria in Conway, South Carolina, effectively enslaved JCS (to whom we refer with the fictitious name "Jack"), forcing him to work at the restaurant over 100 hours per week without pay. …In 1990, when Jack was 12 years old, he started working part-time at J&J Cafeteria as a dishwasher. He has an intellectual disability and an IQ of 70. After a few years of part-time work, Jack dropped out of high school and started working full-time at the restaurant. For the first 19 years of his employment, when the restaurant was owned and managed by different members of the Edwards family, Jack was always paid for his labor.
That, however, changed in September 2009, after Bobby Edwards took over the management of the restaurant. Edwards moved Jack into an apartment attached to the restaurant and forced him to work more than 100 hours per week without pay — usually 6:00 a.m. to 11:00 p.m. for 6 days and 6:00 a.m. to 2:00 p.m. on Sundays. Not only did Jack work long hours without pay, he was never given a day off. Edwards effected this forced labor by taking advantage of Jack's intellectual disability and keeping Jack isolated from his family, threatening to have him arrested, and verbally abusing him. His control over Jack also involved physical abuse. Once, when Jack failed to deliver fried chicken to the buffet as quickly as Edwards had demanded, Edwards dipped metal tongs into hot grease and pressed them to Jack's neck, resulting in a burn that fellow employees had to immediately treat. Other times, when Jack made supposed mistakes, Edwards whipped him with his belt, beat him with kitchen pans, and punched him with his fists. This treatment left Jack physically and psychologically scarred. Jack later said, "I felt like I was in prison. Most of the time I felt unsafe, like Bobby could kill me if he wanted. … I wanted to get out of that place so bad but couldn't think about how I could without being hurt."
At the time of sentencing, the judge ordered Edwards to pay Jack $272,952.96 in restitution, in addition to sentencing him to 10 years in prison.
Last month, the court of appeals ruled that Edwards should pay liquidated damages to Jack under the FLSA in addition to the $272,952.96 of back wages. Under the FLSA, an aggrieved employee is entitled to an award of liquidated damages in an amount equal to the total amount of unpaid wages (i.e., double damages) unless the employer can show (1) that it acted in good faith; and (2) that it had reasonable grounds to believe it had complied with the FLSA. I see no way possible that Edwards could have ever hoped to have met that standard.
Thus, at the end of the day, Jack should receive a total award of $545,905.92 in restitution. Of course, how Edwards intends to make good on his substantial obligation to Jack is another story.
Finally, my offer to Bobby Paul Edwards still stands. If the Federal Correctional Complex in Butner, North Carolina, will not allow him to collect his trophy, I’ll have it waiting for him to claim when he's released in 2029.For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, May 3, 2021
Does President Biden have the political juice to make paid family and medical leave a reality?
For the past couple of administrations, it's a presidential rite of passage—unveiling a plan to provide paid family and medical leave to American workers. Last Wednesday night, President Biden released his proposal as part of his $1.8 trillion American Families Plan.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.