On May 9, 2022, the baristas working at the Starbucks store located at 1123 NW 63rd St., Nichols Hills, OK 73116 voted 10-9 to unionize. It was the first unionized Starbucks in the State of Oklahoma.
On the heels of the "victory," Collin Pollitt, the barista that led the unionization movement in that region, said this: "Today, we have become true partners in our organizing for a more just labor structure, where workers have a say in their workplace and earn a baseline living wage. We have reined in corporate power, and we carry on the banner of Martin Luther King Jr. with the idea that all labor has dignity."Monday, October 24, 2022
This is what buyers’ remorse looks like
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 21, 2022
WIRTW #647: the “paying my debts” edition
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 20, 2022
Ageist and ableist statements to 58-year-old disabled employee doom employer’s discrimination defense
"I'm tired of disabilities and I'm tired of medical problems."
"I'm not running a rehabilitation clinic."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 19, 2022
Don’t estop thinking about your leave claim
"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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 18, 2022
Unions: fad or trend?
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 17, 2022
Jousting over union names and trademarks
One of the trends that has come through in the recent wave of unionization is the use by labor unions of corporate names and logos in their branding.
📦 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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 14, 2022
WIRTW #646: the “conceptualized” edition
A "concept album" is an album that tells a story through a single instrumental, compositional, or lyrical narrative or theme. The songs bind together through that theme and hold a larger purpose or meaning collectively than individually.
- David Bowie – The Rise and Fall of Ziggy Stardust and the Spiders from Mars
- Genesis – The Lamb Lies Down on Broadway
- Curtis Mayfield – Super Fly
- The Who — Quadrophenia and Tommy (I couldn't pick just one)
- The Kinks – The Kinks Are the Village Green Preservation Society
- Pink Floyd – The Wall
- Green Day – American Idiot
- Liz Phair – Exile in Guyville
- Marvin Gaye – What's Going On
- The Beatles – Sgt. Pepper's Lonely Hearts Club Band
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 13, 2022
Ex-Starbucks manager throws employer under the bus for its alleged anti-union retaliation
"I didn't want to do illegal stuff. I've worked my entire life to build up a career of integrity, and I was not going to allow Starbucks to take that from me."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 12, 2022
Biden’s Department of Labor proposes significant new independent contractor regulations
Who qualifies as an independent contractor? If the Biden administration's new proposed regulations take effect as drafted, the answer to that question will change significantly.
Under the proposed new rules, the DOL will use a multi-factor "economic realities test" that considers and balances the following non-exclusive list of six factors to determine whether the worker is truly in business for themselves, or is an employee working for someone else.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 11, 2022
Why employees are quitting might also tell you why they are unionizing
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 10, 2022
A court was not having it when lawyers tried to victim-blame a sexual harassment plaintiff
One of our primary roles as attorneys is to protect our clients from their worse instincts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 7, 2022
WIRTW #645: the “coach” edition
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 6, 2022
Is a labor union liable for damages caused by its members during a strike
Suppose your employees walk off the job in protest of stalled negotiations over a new collective bargaining agreement. Further suppose that their union (allegedly) coordinates the strike with the precise time your concrete is being mixed and delivered for the day, causing the destruction of your product.
Can you hold the union liable under state law for their alleged tortious conduct?
According to the State of Washington's Supreme Court, the answer is "no."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 5, 2022
Show this story to your employees who start clamoring for a union
When a labor union is engaged in organizing your employees, you are allowed to present facts to your employees to attempt to convince them to vote union "no." Here's a big ol' fact for you to file away if the need ever arises.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 4, 2022
What are you doing to address Bullying Prevention Month in your workplace?
October is Bullying Prevention Month.
As the Supreme Court has famously said, our workplace discrimination laws are not meant to be a "general civility code." In layman's terms, our laws allow people to be jerks to each other at work as long as it's not because of a protected reason.
The question, however, is not whether the law protects the bullied, but instead what you should be doing about it in your workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 3, 2022
The 12th nominee for the “Worst Employer of 2022” is … the hurricane haranguer
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.'"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 30, 2022
WIRTW #644: the “whitewater” edition
"What's the first film you remember seeing?"
That’s the lead off question on each episode of Films to be Buried With — Brett Goldstein's (aka Ted Lasso's Roy Kent) podcast. Each episode is a long form interview of a celebrity in which they their life story through films. It's a podcast worth celebrating this International Podcast Day and all other 364 days of the year.
The first movie I remember seeing is Race for Your Life, Charlie Brown, a 1977 Peanuts film in which the gang goes to summer camp and takes on a group of bullies in the annual river raft race.
I saw this film at the Woodhaven Mall with Uncle Ron and Aunt Rita … who were most definitely not my uncle and aunt. In fact, I had never met them before that day. I was four years old, and they ran a bus that took groups of kids to the movies during the summer. My parents paid to put their terrified four-year-old on a bus with two strangers to see a movie. I don't remember a thing about that film other than being completely freaked out on that bus and by the entire experience. In fact, it's the scariest movie I've ever seen about a river rafting trip. Thanks, Mom and Dad. 😞
What's the first film you remember seeing? Did it involve two strange adults picking you up at your house on a bus? Or was it an experience as memorable yet less creepy?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 29, 2022
Correlation isn’t necessarily causation … except when it is
According to a recently filed EEOC lawsuit, Dollar General violated Title VII by firing a sales employee because of her pregnancy. More to the point, Dollar General, the EEOC alleges, fired her immediately after she advised her manager of her pregnancy. It listed "health" as the reason for her termination on her separation notice, after advising her of concerns for her safety.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 28, 2022
Never say “nevermind” when child pornography is involved
You may not know who Spencer Elden is, but you almost certainly know what he looked like as a newborn. Spencer, in all of his glory, graces what is perhaps the most famous album cover of all time, or at least of the last 30 years — Nirvana's iconic grunge masterpiece, Nevermind.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 27, 2022
Dispelling six common wage and hour misconceptions
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Monday, September 26, 2022
Workplace romance vs. workplace harassment
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 23, 2022
WIRTW #643: the “til I hear it from you” edition
- Labor Relatedly Ep. 4 — via DriveThruHR
- I Always Feel Like Somebody’s Watching Me: Monitoring Employees' Social Media — via Employment Law Today
- Labor Relations Radio, Ep. 36: Weingarten Rights, What They Are and How They're Likely Coming Back to Non-Union Workplaces — via Labor Relations Radio
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 22, 2022
“Pretextual investigation” dooms employer’s defense to ex-employee’s retaliation claim
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 21, 2022
The 11th nominee for the “Worst Employer of 2022” is … the cable guy
When 83-year-old Betty Jo Thomas missed her family's Christmas dinner in December 2019, they went to her home to check up on her. They found her stabbed to death on her living room floor. Footage from Thomas' Ring doorbell revealed that the last person to enter her home was Roy Holden, a (now former) Charter Spectrum field technician.
Holden had performed a service call in Ms. Thomas' home. The next day Holden returned, allegedly off-duty but in his company-issued and branded van, to again help Thomas. While in her home, Thomas caught Holden stealing credit cards from her purse. In response, Holden brutally stabbed her with his Charter Spectrum utility knife and went on a spending spree with her stolen credit cards.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 20, 2022
Employers, repeat after me: “Tips belong to employees, not employers.”
$1,351,253.34. That's the amount a federal judge has ordered the Empire Diner, its owner, Ihsan Gunaydin, and its manager Engin Gunaydin to pay a group of 107 servers and kitchen workers based on an illegal tip scheme.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 19, 2022
The NLRB is inching towards Weingarten Rights for all employees
In NLRB v. J. Weingarten, Inc., the U.S. Supreme Court held that employees covered by a collective bargaining agreement are entitled to request the presence of a union representative during an investigatory interview that the employee reasonably believes may result in disciplinary action.
Which brings us to last week's Board decision in Troy Grove.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 16, 2022
WIRTW #642: the “get off our backs” edition
Can you please get off our backs? By "our," I mean management-side labor lawyers.
Like any other attorney, management-side labor lawyers have a job to do and an ethical obligation to represent their clients zealously. Union organizing and recognition is a decided in an election, in which a majority of employees need to choose to unionize. What are employers supposed to do, roll over and let the union walk in unimpeded? As their lawyers we are simply playing our roll in this process. That's all. Is it adversarial? Sure. Does it sometimes get heated? Of course. But management is entitled to be represented just as do the employees seeking to unionize.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 15, 2022
Pre-employment pregnancy testing?
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 14, 2022
Lyfting independent contractor status
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 13, 2022
The 10th nominee for the “Worst Employer of 2022” is … the sex offender supervisor
The most disturbing case I ever handled involved a company that hired a registered sex offender as a supervisor, who then raped a female subordinate.
Today’s “Worst Employer” nominee is very much in that tragic and devastating vein.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 12, 2022
Spotting the employment law issues in “She-Hulk"
Donny Blaze was a former student of Kamar-Taj, having dropped out after failing to adhere to their strict teachings. He left, however, with a souvenir, a sling ring, which sorcerers use to open mystic portals. Blaze then uses the sling ring, along with what he learned during his time at Kamar-Taj, to spice up his otherwise very pedestrian cabaret magic act.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 9, 2022
WIRTW #641: the “slim shady” edition
Guess who's back, back again…
After a semi-intentional summer break, The Norah and Dad Show — the podcast I host and produce along with my 16-year-old daughter — is back for Season 2. You find us everywhere podcasts are available, including Apple, Spotify, Google, Overcast, Amazon, Stitcher, and via our website. If you're new to the show, please make sure you go back and check out all of Season 1.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 8, 2022
How broad is potential liability for retaliation? THIS broad.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 7, 2022
Like herpes, the NLRB’s efforts to liberalize its joint employer standard just won’t go away
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 2, 2022
WIRTW #640: the “Wickens Workshop” edition
When you take over a practice group and are tasked with building it, you naturally have to think of ways to market and grow it. Presenting semi-regular seminars for clients, prospective clients, and referral sources was low hanging fruit. I can talk about employment law all day long. Just give me a topic, a microphone, and an audience, wind me up, and let me go to work. Thankfully, my cohorts in our Employment & Labor Practice Group feel the same way.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 1, 2022
Checking the pulse of the American worker on labor unions as we enter Labor Day Weekend
The following stats should be eye-opening for any business owner, CEO, or board of directors.
- 71 percent of Americans "approve" of labor unions, the highest reported approval rating since 1965.
- 70 percent of non-union employees say that they would consider joining a union, up 141% in just three years.
- Unions win approximately 75 percent of all representation elections.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 31, 2022
Pizza shop closure is a teachable lesson on union avoidance
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.
That's what a pizza shop posted to its Instagram last week, announcing its decision to shutter all of its operations, permanently.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 30, 2022
NLRB re-writes law on employees displaying union logos at work
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 29, 2022
The 9th nominee for the “Worst Employer of 2022” is … the active shooter
“This is it. I’m done.”
That’s how one elderly employee described to police her recent experience in an active shooter drill conducted by her employer, Catholic Charities of Omaha, that went as planned but also went very, VERY wrong.
The employer hired John Channels to stage the exercise. It did not tell its employees: (1) that the drill was planned or happening; (2) that Channels would be using a real assault rifle loaded with blanks; (3) or that Channels would stage victims (actors covered in fake blood) around the building for added realism. It also failed to inform the local authorities of the drill, who responded as if it was a real and legitimate active shooter situation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 26, 2022
WIRTW #639: the “Gr8” edition
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 25, 2022
The wage and hour implications of employee electronic surveillance
Every 10 minutes at random points the company took a screenshot of her computer monitor and a photo of her face. The company was using that information to pay Carol (and every other worker) only for the minutes when they appeared be active according to the photos. If, for example, the photo happened to capture Carol during a moment of inactivity (for example, a 30-second interval when she went to get a cup of coffee), it would dock her for the entire 10-minute span. As you can imagine, the digital tracking actually missed a lot of Carol's work, including any work she did offline. She's working, but the company thinks she's not working, and it's going to dock for that any perceived increments of inactivity.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 24, 2022
Pro athletes should never get a pass on harassment
Kenny Lofton is one of the most beloved players in history of the Cleveland Guardians, née Indians. He spent the best years of 17-year career anchoring center field for the Cleveland teams that won six AL Central titles and earned two World Series berths.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 23, 2022
“Gaslighting” in the workplace
“That’s not how I told you to complete that project. Why did you do it that way? It’s all wrong.”
“Why didn’t you show up to the meeting? Of course I invited you.”
“Harassment complaint? You never made any harassment complaint.”
These are all examples of gaslighting in the workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 22, 2022
Lessons from Platform Beer’s mass layoff
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 19, 2022
WIRTW #638: the “DriveThru” edition
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Thursday, August 18, 2022
How do you respond when your employees are threatened?
Boston Children's Hospital has a scary situation on its hand. Its hospital staff has received aggressive phone calls, emails, and death threats. It's all in reaction to inaccurate information posted on conservative websites and shared across social media about its transgender surgery program.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 17, 2022
Walmart wins discrimination claim brought on behalf of pregnant employees unable to work
Consider the following two policies:
- Employees injured on the job will be offered Temporary Alternative Duty ("TAD") — light duty that enables the injured workers to keep working and earning their full wages while complying with any relevant medical restrictions.
- Pregnant employees with lifting or other physical restrictions related to pregnancy are required to go on an unpaid leave of absence, and no TAD is or will be made available.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 16, 2022
The CDC is the tail wagging the public’s dog
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 15, 2022
HR may not be employees’ “friend,” but it’s also not their enemy
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 12, 2022
WIRTW #637: the “down on the farm” edition
I grew up in Philadelphia and attended City of Philadelphia public schools. My high school had 4,500 students and was surrounded by barbed wire fencing. In a lot of ways, it felt more like a prison than a school.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 11, 2022
Consistency matters when applying anti-harassment rules
Can an employer legally fire an employee who writes "whore board" on an overtime sign-up sheet? Let's explore.
Following unsuccessful negotiations for a new union contract, Constellium unilaterally implemented a new overtime policy that required employees to sign up for overtime on a sheet posted on a bulletin board outside the lunchroom.
One employee, Jack Williams, went a step further. He wrote "whore board" on the sign-up sheet. Constellium then fired him for "willfully and deliberately engaging in insulting and harassing conduct."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 10, 2022
Employee too distraught to work over Dobbs decision loses job
I haven't been shy about hiding my disgust over Dobbs, the end of constitutional protections for abortion, and the threat to reproductive, women's and other fundamental rights that our nation currently faces.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 9, 2022
Do you know what to do and not to do when federal agents arrive with a search warrant?
The front door to your business opens, and in walks a column of federal agents with boxes, computer imaging equipment, and a search warrant.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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