Pronouns confuse me. It's not that I want to misgender anyone. In fact, quite to the contrary, I try really hard to get people's pronouns correct when addressing them or speaking about them. To me, it's a simple matter of common decency. My efforts to get them correct, however, doesn't mean that they still don't confuse me. When I grew up, I learned that "they" refers to a group of people. Thus, when someone refers to someone else as "they," my brains says, "more than one." It's just difficult, but I still try to get it right.
Monday, December 19, 2022
Your religion isn’t a license to discriminate (but we may need to accommodate you anyway)
Pronouns confuse me. It's not that I want to misgender anyone. In fact, quite to the contrary, I try really hard to get people's pronouns correct when addressing them or speaking about them. To me, it's a simple matter of common decency. My efforts to get them correct, however, doesn't mean that they still don't confuse me. When I grew up, I learned that "they" refers to a group of people. Thus, when someone refers to someone else as "they," my brains says, "more than one." It's just difficult, but I still try to get it right.
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, December 16, 2022
WIRTW #654: the “gifts” edition
What's the best holiday gift you've ever given or received? With the holidays quickly approaching, this is the question Norah and I tackled on this week's episode of The Norah and Dad Show.
Find us on Apple Podcasts, Spotify, Google Podcasts, Overcast, Amazon Music, Stitcher, internet, and everywhere else you listen to podcasts. And while you're in your podcast player of choice, hit the subscribe button to ensure that you never miss a future episode.
Before I sign off for 2022, I'll be back next week with two gifts for you — the winner of The Worst Employer of 2022 (Wed.) and this year's telling of The Employment Law Night Before Christmas (Thurs.).
Here's what I read this past week that you should be reading, too.
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, December 15, 2022
Reasonable accommodations are for actual disabilities, not unhinged conspiracies
If I've learned one thing from my 25+ years of practicing law it's that when a court describes your arguments as a "rambling and hyperbolic tirade," your goose is cooked.
This is the story of Meltzer v. The Trial Court of the Commonwealth, by John Bello, Administrator.
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, December 14, 2022
Today is your LAST chance to vote for ๐ง๐ต๐ฒ ๐ช๐ผ๐ฟ๐๐ ๐๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฟ ๐ผ๐ณ ๐ฎ๐ฌ๐ฎ๐ฎ
If you haven't yet cast your ballot for The Worst Employer of 2022, time is quickly running out. Polls close at the end of today.
In case you need a refresher on the seven finalists, here they are (in alphabetical order):
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, December 13, 2022
B-i-t-c-h spells dismissal
We're a team, we need to work together. Maybe we need to have a department meeting where we workshop with each other and really get to know each other. There's going to be days where you're going to be a B-I-T-C-H and there's going to be days where [the female servers] [are] going to be anxious and flip out and you need to be able to calm them down and get them what they need and not taking things personally so that they don't reflect of an image of you that may not be fully accurate.
That's what Tina Braunstein, a bartender working at The Plaza Hotel, claims one of her supervisors, Martin Mariano, told her during her 60-day review. When the hotel terminated her employment shortly thereafter and during her probationary period, she pointed to Mariano's spelling of "b-i-t-c-h" as evidence of his sexually discriminatory motive.
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, December 12, 2022
A tale of two employee nondisclosure agreements
"It was the best of times, it was the worst of times…." This is perhaps the most famous opening line in the history of literature, A Tale of Two Cities, by Charles Dickens. It's also an apt description of how two tech giants—Apple and Twitter—recently handled the issue of employee nondisclosure agreements.
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, December 9, 2022
WIRTW #653: the “playlist” edition
Last Friday, after sharing the Old 97's new holiday classic from the Guardians of the Galaxy Holiday Special, I asked LinkedIn for their favorite holiday songs. My LinkedIn community delivered in a major way. So today, I am thrilled to be able to share with you Jon Hyman's LinkedIn Crowdsourced Holiday Music Playlist Extravaganza.
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, December 8, 2022
Musings on dead dogs and terminated managers
We are no longer taking ANY EXCUSE for calling off. If you're sick, you need to come prove it to us. If your dog died, you need to bring him in and prove it to us. If it's a "family emergency," too bad. Go work somewhere else.
That was part of a written message an Olive Garden manager in Kansas recently delivered to his staff. The message that Olive Garden corporate delivered to that manager — "You're fired."
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, December 7, 2022
What should you do when the DOL shows up at your door?
"I'm an investigator with the Wage and Hour Division of the Department of Labor. I'm here to conduct an investigation into how your pay your employees." He then shows you his badge, and asks to see the following:
Records showing the business's annual dollar volume of transactions in in interstate commerce to establish that the DOL has jurisdiction; and
Payroll and time records for the past three years.
With that, you're off the races in a DOL wage and hour investigation. The investigator will seek to determine if you've properly classified your employees as exempt or non-exempt, and if you've met your minimum wage and overtime obligations.
What do you do now?
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, December 6, 2022
Pay attention to the industries the Department of Labor is targeting
Take a look at the following headlines, each taken from a Department of Labor news release from just the past month.
- US Department of Labor obtains court judgment ordering Pennsylvania restaurant, owner to pay 68 employees $193K in back wages, damages
- US Department of Labor finds overtime, tip violations; recovers $80K in back wages for 52 workers at 5 Carolina restaurants
- Dollars to doughnuts: Krispy Kreme to pay more than $1.1M to 516 workers after US Department of Labor finds systemic overtime violations
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, December 5, 2022
Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds
In 2017, a series of personal adversities, including probation for an incident with a gun and an ex-girlfriend, cocaine use, and a DUI arrest, ultimately culminated in a stroke for Mark Snyder, a financial director for U.S. Bank. When he returned in 2018 for his FMLA leave following his stroke, he suffered from residual physical and behavioral conditions, such as depression, agitation, and anxiety. Employees began to complain to management about his combative and confrontational behavior. After an investigation, the Bank told Snyder that further issues could result in other disciplinary actions, including termination of employment.
On June 4, 2018, Snyder had yet another confrontation with his supervisor, Johnnie Carrol, and his assistant Marcia Kleinhenz. As a result, Carroll emailed HR, explaining that Snyder's behavior "is consistent with his issues of attempting to intimidate people" and "I no longer think [Snyder's] situation is redeemable and feel I need to act." Carroll made the decision to terminate Snyder's employment that evening.
That same night, Snyder suffered a nervous breakdown and was hospitalized. The following day, he requested FMLA leave, which the Bank granted. A couple weeks later, however, Carroll and HR contacted Snyder to inform him that Bank was terminating his employment effective at the end of his FMLA leave.- On his FMLA interference claim, the Court concluded that the June 4 confrontation was the "point of no return" for Carroll, and that he made the decision to terminated Snyder before learning of his nervous breakdown and hospitalization later that night.
- On his FMLA retaliation claim, the Court disagreed that evidence that Snyder had been a good employee before he took FMLA leave for his stroke supported a theory that the Bank schemed to push him out of the company after he took his that initial FMLA leave. To the contrary, the Court held, "Snyder cites no evidence supporting his theory that it was the FMLA leave, not the numerous complaints into his behavior, that was the reason for his termination, and "the only evidence he has supporting his theory is timing, which by itself is insufficient."
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, December 2, 2022
WIRTW #652: the “caroling” edition
I love a good Christmas song. The problem is that too many of them are just not very good. Today, I'm adding one to your holiday music playlist that is sure to stick with you like the best kind of earworm.
The coolest part was at the end, when the props designer led us into his office and showed us Captain America's shield, Thor's hammer, Doctor Strange's necklace, and Black Widow's batons. I asked if I could hold them and he said, "Absolutely." So I picked up—dare I say wielded—the shield and hammer, which together weighed about 80 pounds. For one shining moment, I could feel the envy of a billion Marvel fans.
These guys are the greatest guys in the world, but they had to be in hell because people complain so much about that makeup when they're in it. But they never once complained. They were singing and playing their instruments for eight hours, and they just kept going and going and going, cut after cut. So they were amazing. They're just the greatest guys, not to mention the greatest music. So I hope this turns a lot more people on to the Old 97's.
I couldn't agree with James Gunn more.
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, December 1, 2022
VOTE for the Worst Employer of 2022
It's the most wonderful time of the year. I've made my list. I've checked it twice. Now it's time to find out who's naughtiest and not very nice. It's voting time for The Worst Employer of 2022.
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, November 30, 2022
Paper plant settles case of egregious racial harassment with EEOC for $385,000
Packaging Corporation of America has agreed to pay the EEOC $385,000 to settle the racial harassment claims of two African American employees.
The allegations are egregious (per the EEOC's news release).
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, November 29, 2022
Is God anti-union?
Thomas Ross, a security officer employed by Allied Universal in San Francisco, has filed a discrimination charge with the EEOC against Service Employees International Union officials and his employer for forcing him to join and financially support the union after he told both that his religious beliefs forbid union support.
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.
Sunday, November 27, 2022
There’s nothing wrong about wanting not to have fun at work
A French employee, fired for refusing to participate in after-work drinks and other "team building" activities, has won the legal right "not to be fun" at work.
The man, named in his lawsuit only as "Mr. T," was fired for "professional incompetence" — specifically his refusal to adhere to the company's "fun" values. According to the Court of Cassation (France's highest court), the company's "fun" values included regular obligatory social events that included "excessive alcoholism encouraged by colleagues who made very large quantities of alcohol available," plus "practices pushed by colleagues involving promiscuity, bullying, and incitement to various excesses."
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, November 18, 2022
WIRTW #651: the “thankful” edition
As we head into the Thanksgiving holiday, I thought I'd take a moment to say a few thank-yous, as I have a lot for which to be thankful.
๐ Thank you to all of my readers, followers, and commenters, here and on LinkedIn and Twitter (for as long as Twitter remains a thing). We might not always agree, but if we did it would be crazy boring.
๐ Thank you to all of the bad employers, who continue to act before they think (or don't think at all) and provide me content for all of my posts.
๐ Thank you to my law firm, which supports my online fancies. They hired me to run our labor and employment practice, and didn't bat an eye when I expressed an intent to spread my wings into craft beer law.
๐ Thank you to all of the organizations that invited me to speak in 2022, and a special shoutout to Business Management Daily, which hosts my monthly column and for which I'll be speaking monthly next year. Also, if you want to toast a beer with me, look for me at the Ohio Craft Brewers Conference in Cleveland from 1/30 – 2/1, and at the national Craft Brewers Conference in Nashville from 5/7 – 5/10.
๐ Thank you to my family, who continue to support my career.
๐ Thank you to my daughter, Norah, who still wants to create a podcast with her dad. As for our podcast, our newest episode addresses all things Thanksgiving, or at least all things Thanksgiving that matter, including food, food, food, parades, football, family, and food. You can listen on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Overcast, Stitcher, our website, or anywhere else you get your podcasts.
Here's what I read this past week that you should be reading, too.
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, November 17, 2022
I have zero sympathy for insubordinate employees who are fired
This is how it started.
This is how it's ended (for now).
In the intervening 48 hours, Elon Musk reportedly fired dozens of Twitter employees who criticized him publicly on Twitter and privately in the company's Slack channel. The first to go was Eric Frohnhoefer, a Twitter engineer who publicly challenged Musk's knowledge of how the app's backend actually works. Other employees, like this one, took to Mastodon to challenge Musk's termination of Frohnhoefer in obscenity laced rants.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, November 16, 2022
The 14th (and final) nominee for the “Worst Employer of 2022” is … the slumlord supervisor
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
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, November 15, 2022
EEOC Commissioner targets companies offering employees abortion travel benefits
In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization that ended federal constitutional protections for abortions as a fundamental right, many employers in states in which abortions suddenly became illegal started offering employees out of state travel benefits for abortion access.
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, November 14, 2022
Corporate lawyers represent the company, not its employees
News broke last week of Elon Musk's lawyer reassuring Twitter's remaining employees that they should not worry about potential criminal liability for FTC violations the company may have committed in failing to abide by a 2021 consent order with the agency.
In and of itself, that sentence may seem innocuous enough … until you stop, think, and break down the parties involved. The CEO's lawyer was talking to Twitter's employees … who are not his clients.
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, November 11, 2022
WIRTW #650: the “Mastodon” edition
Call me a Twitter Armageddon Prepper. I'm not ready to abandon Twitter … yet. Even with Elon Musk in charge, I have 14 years and way too much human capital invested to jump ship even I think the Chief Twitterer is a twit.
- Mastodon has toots (compared to Twitter's tweets).
- Toots are limited to 500 characters (compared to Twitter's 280).
- You can favorite and boost other user's posts (as compared to liking and retweeting), but you can't quote.
- Hashtags are still hashtags.
- Mastodon's layout, look, and feel will appear very familiar on the web and on its mobile app to anyone who's ever used Twitter. Updates, however, are sorted chronologically instead of algorithmically
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, November 10, 2022
Muckenfuss makes a mask fuss
Michael Muckenfuss worked in maintenance at a Tyson Fresh Meats facility. When the Covid-19 pandemic began, the town's mayor instituted an executive order mandating the wearing of masks, which Tyson enforced inside the workplace. Muckenfuss presented Tyson with a note from his health care provider requesting that he wear a cloth mask with a filter instead of a surgical mask as a reasonable accommodation for his asthma. Tyson agreed to the accommodation. Muckenfuss later sued, however, claiming that Tyson kept the mask mandate in place, along with his filtered mask, after the Covid executive order expired.
This statute was aimed to prohibit the introduction of a device "into" the body. Wearing a mask on one's face isn't that.… Mr. Muckenfuss invites an interpretation that would render this statute absurd.… [H]is interpretation would suddenly prohibit all sorts of sensible mandates by employers. No longer could a company require a bleeding employee from wearing a bandage or band-aid "against" his wound. No longer could a company require an employee to wear a protective glove, or work boots, or goggles, or many types of personal protective equipment because they were likewise designed to be used "against" the body.
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, November 9, 2022
How to conduct a layoff
Elon Musk did everything wrong with his employees upon his acquisition of Twitter, including laying off half of them via email. With the economy turning sour, more businesses will be facing the stark reality of having to shed headcount. If you need to layoff some of your employees, do you know what to do? Here are four tips (excluding bonus tip number 5 — call your employment lawyer).
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, November 8, 2022
VOTE!
Growing up, I loved Election Day. My elementary school was a polling place, which meant that I got the day off from school. My parents would take me with them into the school auditorium where all of the voting machines were lined up down front.
As much as I loved Election Day, I also loved the old school voting machines used. Each came with a giant red lever that you'd slide to the right to close the curtain behind you and slide again to the left to record your ballot when finished and open the curtain. I can still hear the sound of that lever clanking into place echoing through the Loesche Elementary School auditorium, a sound that I will forever equate with democracy at work.
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, November 7, 2022
Would you fire this employee?
Over the weekend, I asked a simple question on LinkedIn: "Would you fire this 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.
Friday, November 4, 2022
WIRTW #649: the “Ye” edition
We need to talk about Kanye.
Here's what I read/listened to this past week that you should also read/listen to:
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, November 3, 2022
The 13th nominee for the “Worst Employer of 2022” is … the slaughtering supervisor
There's retaliation … and then there's murder.
A federal court jury recently returned a unanimous guilty verdict against Juan Rangel-Rubio for murdering a whistleblower who exposed a multi-million-dollar scheme to fraudulently employ undocumented workers. His two co-defendants—Rangel-Rubio's brother, Pablo, and Higinio Perez-Bravo—await sentencing after pleading guilty for their role in the murder conspiracy.
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, November 2, 2022
If your surveilling employees, the NLRB is watching you
Wearable trackers. Security cameras. GPS trackers. Keyloggers. Live webcam monitoring. Technology has made it easier for employers to monitor and manage their employees' productivity and discipline employees who fall short of expectations. Moreover, technology makes it possible for employers to continue tracking employees after the workday ends via employer-issued cellphone or wearable devices, and apps installed in employees' own devices.
Employers are monitoring employees, and the NLRB is monitoring employers' use of these monitoring technologies.
NLRB General Counsel Jennifer Abruzzo just issued a memo on Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights.
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, November 1, 2022
Pretext for termination ≠ cause for termination
Shortly after Elon Musk closed his $44 billion acquisition of Twitter, he cleaned out its C-suite. He fired CEO Parag Agrawal, CFO Ned Segal, CLO Vijaya Gadde, and general counsel Sean Edgett.
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, October 31, 2022
Are unions cool (again)?
Are unions cool again? Were they ever cool?
- The main factors causing a renewed focus on unionization.
- How Gen-Z has been energized to pursue safe and fair workplace environments.
- The signs that employees are ready to unionize.
- The best way that employers can avoid unionization.
- Actions employers should take when faced with an organization effort.
- The limits of employers and organizers during a union campaign.
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, October 28, 2022
WIRTW #648: the “Red October” edition
All of my earliest sports memories involve the 1980 Phillies.
Mike Schmidt's towering home runs.
Steve Carlton's unhittable sliders.
Bake McBride's hair. Pete Rose taking out Bruce Bochy at home plate.
Tug McGraw leaping off the mound after striking out Willie Wilson and sealing the Game 6 victory against the Royals. (It was the first World Series win for one of baseball's oldest franchises, ending its 97-year title drought, and is the defining sports moment of my childhood).
I'll be the first to admit that I've fallen off the Phillies train since their last playoff run ended in 2011. It's a combination of living in Cleveland for nearly 30 years combined with a decade of mediocrity.
Well, I'm back, baby! I've had an eye on the Phillies all season long, but with this month's dominant playoff run, capped off by Bryce's Bedlam at the Bank, I am all in for the Fightin' Phils!!!
If you're still on the fence of who to root for in the World Series, here are 8 reasons the Phillies should (must) be your pick over the Astros (one for each of the Phillies' 8 NL pennants).
- Philly is the underdog. 87 wins and the last team in vs. 106 wins and the best team in the American League. We're Rocky against Houston's Apollo Creed. Who roots for Creed to win?!
- No Philly = no baseball. Philadelphia is the cradle of our nation. Without Philly, there's no America. And if there's no America there's no need for America's pastime.
- The Philly Phanatic is the best mascot in all of sports. No debate. Case closed. (Sorry, Gritty.)
- The Astros win too much. This is their 4th World Series in the past 6 years. It's time for someone (anyone) new. Why not us?
- The Astros are a bunch of stinkin' cheaters. They cheated their way into winning the 2017 World Series and suffered no real consequences. Their bill is way past due, and the Phillies have come to collect.
- This Phillies team is what sports is all about. No prima donnas, just blue-collar attitudes and hard work until the last out. This team never quits and is crazy fun to watch.
- Cheesesteaks > tamales.
- Ted Cruz is an Astros fan. 'Nuff said.
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, October 26, 2022
Must an employer pay employees for time spent waiting for computers to boot up?
It's a tale as old as time … or at least as old as employees have been working on computers. You start your work day by turning on your computer, and you wait. Wait for the computer to boot up so that you can then start actually working. That process (which repeats at the end of the work day when you shut the computer down) can take 30 seconds or it can take a few minutes or longer, depending on the age and speed of the machine, the operating system it runs, and the number of apps that need to load during the process.
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, October 25, 2022
The Surgeon General correctly wants you to focus on employee mental health
According to two recent surveys:
- 76% of U.S. workers report at least one symptom of a mental health condition.
- 84% of those reporting mental health symptoms believe their workplace is a contributing factor.
- 81% of employees will be looking for workplaces that support mental health in the future.
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, October 24, 2022
This is what buyers’ remorse looks like
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."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, 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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
๐ฆ Amazon Labor Union
☕ Starbucks Workers United
๐ฑ 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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.