I was told to round down or round up my time. So if I start work at 7:55 I need to put 8. If I work 37 minutes, I should round down to 30, instead of 45 because this is a common business practice. Is this normal? I have entered exact times on the card and into ADP so idk why it's a problem now.
The IWW is looking into this and the other plethora of issues we face as workers in this industry. Reach out to brewing@iww.org if you're interested in creating a better work environment near you.
Vaccine mandates are a crime against humanity.
If you are not speaking out against them, you are a conspirator.
Nearly two years ago, I re-branded the Ohio Employer Law Blog as the Coronavirus Law Blog. It was a bit of marketing combined with the realization that Covid would be all that mattered to employers, at least in the short term.
That "short term" will turn two years old in nine days.
Today, however, I am officially re-re-branding the blog back to the Ohio Employer Law Blog.
To cases recently settled by the EEOC illustrate the point that stereotypes of protected-class employees are a quick path an expensive lesson.
The CDC has issued new mask guidance based on the level of Covid-19 in a specific county.
I thought I had my next Worst Employer nominee. News broke yesterday of the mass exodus of employees from real estate company CoStar after allegations came to light of the company spying on work-from-home employees through the cameras on the company-issued laptops. I even had the post written.
But in further researching the issue I came across this story that ran yesterday on the Today Show: 'Tattleware': How your boss might be tracking your remote activity.
Its use skyrocketed as most companies switched to a work-from-home model during the Covid-19 pandemic.
No employment law is more misunderstood and misapplied by employers than the Fair Labor Standards Act, our federal wage and hour law. There are more than 8,000 federal FLSA lawsuits filed per year, with nearly one-quarter filed against employers in the accommodation and food service industry … including craft breweries.
These employers get themselves in legal trouble because of the special manner in which service industry employees are compensated. If you employ workers who customarily and regularly receive more than $30 a month in tips (and every craft brewery does), there are two key FLSA phrases you must understand to avoid FLSA landmines — tip credit and tip pool.
I checked my phone voicemail and the unknown number was him saying he "hoped there was a damn good excuse for why I was off the grid" if I wanted to keep my job. He even started out the voicemail with "I'm so sorry you’re in the hospital because that's the only reason I should be needing to hunt you down like this." In slack I had a few dms from coworkers I feel I get along with saying I need to reply ASAP because my absence was impacting them with how mad our boss was.
It's been a little over three months since a federal district court in Forth Worth, Texas, denied a preliminary injunction to a group of unvaccinated employees of United Airlines challenging its vaccine mandate. The court so ruled because the employees, whom United had placed on an unpaid leave of absence, had a viable claim for money damages and with that adequate legal remedy couldn't simultaneously seek an equitable remedy.
It's been a little over two months since a three-judge panel of the 5th Circuit Court of Appeals declined to issue an injunction pending the appeal of that district court decision.
Late last week, however, a different three-judge panel of that same appellate court concluded that the employees had established irreparable harm to support their claim for injunctive relief and sent the case back to the district court to reconsider its prior ruling in light of that holding.
When is the last time you recall Congress agreeing on anything? Well, it happened last week, when the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (full text here.)
Simply, once signed by President Biden (which should happen imminently), any agreement that requires an employee to submit a sexual harassment claim to private arbitration, or waive their right to participate in a class or collective action, would be invalid and unenforceable.
I can't do these truly awful allegations of systemic racism, racist harassment, and retaliation any more justice than the actual allegations from the lawsuit that the California Department of Fair Employment and Housing just filed against Tesla.
They are the worst allegations of workplace racism I've ever encountered. They start with claims of a segregated workplace with the Black section referred to as the "porch monkey station," the "slaveship," and the "plantation," and go downhill from there to include daily utterances of every kind of racist slur (including the n-word, "porch monkey," and "coon") 50 - 100 times per day.
Facing the consequences of some poor business decisions and an uncertain future, Peloton made the difficult decision to lay off approximately 20 percent of its workforce, totaling 2,800 employees.
Perhaps worried about the public relations storm this news would create (and further damage to its already diminished stock price), John Foley, Peloton's now-former President and CEO, and the company's co-founder, took to the company's website to explain the decision. Part of that explanation was an outline of the severance packages being offered to those impacted by the layoff.
Yesterday, the White House Task Force on Worker Organization and Empowerment released its 45-page report on the use of executive branch policies, practices, and programs to promote the Biden Administration's support for worker power, worker organizing, and collective bargaining.
The key takeaway for employers? The Task Force has recommended that the federal government use its "authority to support worker empowerment by providing information, improving transparency, and making sure existing pro-worker services are delivered in a timely and helpful manner."
Yikes! 😱
How will the federal government accomplish this?
Staci Russell, a dean at Cornerstone Health High School, sued her employer for sex discrimination after she was passed over for the open principal position. Her problem? She never applied for the position.
Based on that fact alone, the 6th Circuit had little difficulty affirming the dismissal of her lawsuit.
Russell concedes she did not apply for the vacant principal position. … Russell never applied or interviewed for the position, nor did she indicate interest. While Cornerstone named Price principal of the combined high school on January 24, 2020, after Russell filed her EEOC charge, Russell does not provide evidence showing that Cornerstone’s decision to combine two high schools and name Price principal of the combined school occurred as a result of her filing an EEOC charge. Russell thus did not establish a prima facie case of discriminatory failure to promote.
A big thank you to Allessandria Polizzi for having me as a guest on her Be Verdant Podcast. We took a 40-minute tour through the state of employment law and employee relations in early 2022. She called in a "pub crawl" since we quickly hit a bunch of issues instead of spending our time together taking a deep dive into just one. It was fun to record and a fun listen.
Find it embedded below or wherever you get your podcasts.
I return to the office today after a one-week Covid-inducted work-from-home hiatus. I'm fortunate that as a professional I have the ability and flexibility to work from home when needed. Many too many employees, however, do not have that luxury.
Consider, for example, this report from Business Insider, that 63 percent of Red Lobster employees came to work while sick with Covid-19, either because they lacked paid sick leave or because they couldn't find anyone to cover their shifts.
You have every right to believe that masks are a form of government control or a satanic tool. You're very wrong, but you are free to believe what you want to believe.
What you aren't free to do, however, is to act on those beliefs when they run counter to the rules of the employer for which you work or the business you want to enter.
Case in point: Manning v. Whole Foods Market Group.
Suppose you have a group of unhappy employees. They don't like their working conditions. They don't like their pay. They generally want to work somewhere else. When they give you their notice, do you:
(a) Let them walk.
(b) Engage them to see what will entice them to say.
(c) Sue them for an injunction to stop them from leaving.
On behalf of myself and my daughter, I'd like to thank everyone for all of the kind words of encouragement and support I received for our most recent podcast episode. Whenever you go through any sort of trauma, you feel like you're in it alone. What I learned through the many of you who took the time out of your busy lives to email, comment, or message is that we are not alone and that so many have gone through similar experiences. That community of shared experiences offers a tremendous amount of comfort.
If you've yet to listen, please do so (Apple, Spotify, or wherever you get your podcasts). If you have listened, please share. And if you've shared, please re-share somewhere else. Norah wants to make something positive out of her experience to help people by talking about and de-stigmatizing mental health issues. It's a conversation that is long overdue and very needed.
I do want to take a moment to address one critique we've received from one very small corner of the internet, which has been bothering me and that I don't want to leave unanswered — that because we chose to attack this issue with some humor, we are devaluing the seriousness of the situation and are not taking mental health issues seriously. Nothing could be further from the truth. No one (and I mean no one) has the right to tell someone else how to process trauma. Some do so with anger or sadness. Some with quiet reflection. And some with serious discussion. Consistent with our personalities, we process with humor and sarcasm. It doesn't mean we're not taking the situation seriously or making light of it. Quite the opposite. It just means we're coping the best we can. I can assure you that no one takes what Norah went through and is going through more seriously than she and our family.
Here's what I read this week that I think you should be reading, too.
Today I'm sharing the rest of the story. Except it's not my story to tell. It's my daughter's.
Sometimes you need to step out of your comfort zone to move forward, including in one's career.
For the past 25 years, I've been a management-side labor and employment lawyer. I've represented employers in just about every type of employee dispute you can imagine and counseled too many to count on a countless number of issues.
Still, I yearn for growth. One of the industries I've had the pleasure of representing over the years is the craft beer industry. Thus, I've helped spearhead the launch of Wickens Herzer Panza's brand new Craft Beer Practice Group. I'm excited to be one of the two leaders of this group, along with one of my partners, Grant Steyer. You'll find our new practice at ohiobeerlawyers.com.
I'm still a practicing labor and employment lawyer (don't worry). I'm just adding "craft beer lawyer" to my arsenal.
The Supreme Court has issued its opinion in the appeal of the 6th Circuit's decision that vacated the 5th Circuit's stay of OSHA's vaccine-or-test emergency temporary standard for employers with 100 or more employees.
In a 6-3 decision, strictly down ideological lines, the Court reinstituted the stay, blocking the ETS from taking effect.
The CDC is not considering updating its current mask guidelines to recommend that everyone wear highly protective N95 or KN95 masks, contrary to earlier reports by the Washington Post.
In a White House briefing yesterday, Rochelle Walensky, the head of the CDC, said that any mask is better than no mask, and that the CDC would not be changing any guidance regarding the type of maks that people should be wearing. Walensky did concede that the CDC's website needs to be refreshed to include information on the "different levels of protection different masks provide."
Everyone do me a favor and hug your kids a little stronger and a little longer tonight. They all need it.
— Jon Hyman 💉😷 (@jonhyman) January 5, 2022
Another year, another batch of awful employers for your consideration and your year-end voting. Might as well start off big.
