You'd think I'd know better.
- A payroll $182 million higher.
- 7 more regular season wins with run differential 176 points higher.
- An MLB-leading 254 home runs vs. a near worst 127.
- Home field advantage in short five-game series.
- Aaron Judge.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
"Is there money owed to you for claims against third parties, whether or not you have filed a lawsuit or made a demand for payment, such as for accidents, employment disputes, insurance claims, or rights to sue?"
When Stephen Stanley filed his bankruptcy petition with the bankruptcy court, he answered that question, "No."
His problem, however, was that within weeks of filing his bankruptcy, Stanley's employer fired him from job, which he believed was related to their earlier FMLA violations.
Several months later, the bankruptcy court modified Stanley's bankruptcy plan with "no future modifications." Indeed, Stanley never disclosed to the bankruptcy court the FMLA claims (or the FMLA lawsuit he filed against his former employer) until 16 months later, and only after the employer's lawyer questioned him about it at his deposition in his FMLA interference lawsuit.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Last Friday I joined my good friend Eric Meyer via Zoom on his weekly Employer Handbook Zoom Office Happy Hour. Our topic: whether the recent rise in union popularity and success is a fad or a trend.
If you missed it live, you can watch the video replay via The Employer Handbook YouTube Channel.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
📦 Amazon Labor Union
☕ Starbucks Workers United
📱 Apple Retail Union
⚔️ Medieval Times Performers United
It's the latter that has caught the ire of the employer (Medieval Times), which has now filed a trademark infringement lawsuit against the union.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you have a side hustle? I now do, albeit an unpaid one. I just started my gig as a volunteer legal advisor for my daughter's high school mock trial team.
This year's case is fascinating. It's a suppression hearing over the issue of whether a student should have been Mirandized prior to being questioned by a school administration and a school resource officer. For the record, the Ohio Center for Law-Related Education's production values are off the chain.
I'm not a criminal attorney, and I've handled exactly one criminal case in my career (which I won at trial). In fact, nearly everything I know about criminal procedure I learned from a law school class I took 27 years ago plus my Law & Order addiction. That said, trial skills are trial skills, and I'm looking forward to using mine to help Lake Ridge Academy's team return to states for the 2nd consecutive year (and the 17th time overall).
While I'm on the topic of my daughter, please do she and I a solid and check out the latest episode of The Norah and Dad Show, now streaming everywhere, including Apple Podcasts, Spotify, Google Podcasts, Amazon, Overcast, Stitcher, and on the web.
Here's what I read this past week that I think you should read, too.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
You might know Joy Gendusa, the CEO of PostcardMania, from her April 2020 video in which she called out employees who had reported her company to the local authorities for not following Covid-19 safety protocols. But that's so 2020 Worst Employer.
Gendusa is back in the news, this time for asking her employees to bring their families and pets into the office so that they could continue working during Hurricane Ian.
In her words, communicated to employees during a Zoom call: "I honestly want to continue to deliver and I want to have a good end of quarter. And when [the hurricane] turns into nothing, I don't want it to be like, 'Great, we all stopped producing because of the media and the maybe that it was going to be terrible.'"
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
The Boston Celtics have suspended their head coach, Ime Udoka, for the entire 2022-23 season.
His offense — it was initially reported that he had violated the team’s policies by engaging in a consensual intimate relationship with a female staff member.
This punishment seemed … harsh. A year for a consensual relationship? If you don’t want your head coach dating staff, why not just direct him to end the affair with a stern warning not to let it happen again, instead of a year-long suspension? In fact, it seemed so harsh that I knew that there had to be more to this story.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
An employee, Joseph Canada, uses his cell phone to solicit sex from prostitutes during work hours. His employer, Samuel Grossi & Sons, discovers the text messages and terminates the employee for violating its policies against "[u]nlawful conduct which adversely affects the employee's relationship on his/her job, fellow employees, supervisor and/or damages the Company's property, reputation or goodwill in the community" and "[i]mmoral or indecent conduct."
The employee then sues for retaliation, claiming that the termination was in retaliation for filing another lawsuit the month prior claiming discrimination and FMLA violations.
The district court dismissed the retaliation claim, stating that "[n]o reasonable jury could conclude that defendant's proffered nondiscriminatory and nonretaliatory reason for terminating plaintiff's employment was pretextual."
On appeal, however, the 3rd Circuit concluded that the reason for the termination is irrelevant if the investigation that leads to the discovery of the evidence that causes the termination was pretexual in and of itself.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
I was tagged on Twitter to address this situation.
My friend did a drug test for a part time job for the local school district. When she got her results, she found out that the district also did a pregnancy test. Besides ethical issues, this seems like a legal red flag given she wasn't told this would be done.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
If I asked you to identify Lyft's business, how would you answer?
"They're a transportation company," you'd say. There's no other correct answer … unless you ask Lyft.
Lyft will tell you that it's a tech company, not a provider of transportation.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
In 2016, Tom Pettay sued his former employer, DeVry University, for age discrimination. The trial court dismissed Pettay's lawsuit on summary judgment. Following that dismissal, the employer filed a motion asking the trial court to award them $4,004.39 for the cost of deposition transcripts used in support of the summary judgment motion. While Pettay's appeal of the court's award of costs was pending, the Ohio Supreme Court held that a prevailing party cannot recover the costs of deposition transcripts.
As a result, Pettay again sued DeVry (or, more accurately, its successor in interest, Cogswell Education), claiming that it retaliated against him by pursuing a frivolous motion for the costs of the deposition transcripts.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
We are truly heartbroken to announce that we've made the difficult decision to permanently close both Knead Slice Shop and Knead Market effective immediately (August 23, 2022), regardless of the outcome or the occurrence of the requested union election.
We respect the right of workers to organize under the National Labor Relations Act or other appropriate laws. We hope our workers will recognize our related right as an employer, especially a small employer, during these extremely difficult operational times, to close our entire business operation.
We continue to wish our employees well.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tesla's General Assembly plant maintained the following dress code: "It is mandatory that all Production Associates and Leads wear the assigned team wear." For production associates, "team wear" consists of a black cotton shirt with the Tesla's logo and black cotton pants with no buttons, rivets, or exposed zippers, all which Tesla provides.
In the Spring of 2017, however, certain production associates started wearing black t-shirts with the phrase, "Driving a Fair Future at Tesla," along with the logo for the United Auto Workers.
Tesla banned the UAW shirts under its "Team Wear" policy, claiming that the ban limited the risk of alternative clothing damaging vehicles on the production line and made it easier to keep track of employees on the shop floor.
In a split 3-2 decision, the NLRB held that Tesla unlawfully prohibited its employees from wearing shirts with the UAW's logo.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
How does your organization help build collegiality among employees?
At my kids' school they do it in the Lower and Middle School with Family Groups, and in the Upper School with Houses (just like in Harry Potter, complete with a year-long House Cup competition).
Each Family Group or House is comprised of a cross-grade mix of students. The goal is to build school spirit, classmate and faculty camaraderie, and student leadership skills.
One of the Middle School's best traditions is Community Building Days, two days of non-academic activities shortly after the start of the school year to help everyone get to know one another better. It always takes place on the Thursday and Friday of the second week of school (yesterday and today), and the entire Middle School sleeps over at school on Thursday night.One additional rite of passage for the middle schoolers is what's known as "Gr8 Night." They sleep over at school for one additional night, the Wednesday night leading into Community Building Days, to further build their leadership skills and to decorate the Middle School in preparation for the arrival of the 6th and 7th graders the next day.
Yesterday morning, the 8th graders welcomed everyone driving onto campus (that's Donovan, in yellow on the left). He looked excited and happy, (relatively) well rested, and ready to tackle what the faculty has to throw at him over the next two days. I can't wait to hear all about it.
Employers, what are you doing to help build camaraderie and collegiality among your employees? The past two and a half pandemic years have been rough on workplace morale and teamwork. I'm curious to learn what you're doing to help bring back some of the sense of "team" that the pandemic and remote work stole from us? Drop a note in the comments below and I'll share some the best or more interesting ideas in a future post.
Here's what I read and listened to this past week that I think you should be reading and hearing, too.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
According to Scene Magazine, late last week Platform Beer Co. notified between 25 and 30 of its local brewery employees that their employment was no longer needed. They were laid off.
That facility brews, tests, cans, packages, and warehouses most of Platform's offerings. The impacted employees were offered severance packages in accordance with their age and tenure.
When I hear "mass layoff," I immediately think of the WARN Act. WARN stands for Worker Adjustment and Retraining Notification. It's the federal statute that requires 60 days' advance notice of mass layoff or plant closure (or 60 days' pay in lieu of the notice). But it does not apply to every mass layoff or plant closure, only those of a large enough employer that impacts a large enough number of employees.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Consider the following two policies:
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Last week the CDC updated its Covid isolation guidelines. The agency says it's "to help the public better protect themselves and understand their risk."
Most importantly, there is no longer any distinction between those who are fully vaccinated and those who are unvaccinated against the virus. Instead, the CDC says anyone can end isolation after five days if asymptomatic or if fever-free for 24 hours and other symptoms are improving. Thereafter, one should mask around others either through day 10 or sooner after two sequential negative tests 48 hours apart.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
As the former Microsoft VP of HR I can assure you that HR is not your friend.
That headline from a BusinessInsider article written by Chris Williams, Microsoft's former head of HR from 1997 thru 2000, caught my eye.
He writes: "Do not see your team's HR representative as a friend. … HR is not your friend. … [T]hey are not paid to be the employee's ally."
On the one hand, Williams is correct. HR is not an employee's friend. But by framing the issue as such, he is suggesting that HR is an employee's enemy. That distinction is damaging. HR is neither friend nor foe of employees. It's their partner. If this is not how HR is working within your company, you need to reexamine why you have HR in the first place.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Another week, another podcast appearance. This week you can catch me on What the Heck is Happening in HR, discussing all things employee handbooks.
Here's what I read this past week that I think you should be reading, too.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.