The reality is that this guy (who is independently wealthy) did no actual work, claimed as his excuse that he had a disability that prevented him from typing, yet was simultaneously tweeting up a storm.
Wednesday, March 8, 2023
Someone needs to take away Elon Musk’s twitter access
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 7, 2023
The 3rd nominee for the “Worst Employer of 2023” is … the awful accommodator
You'd think a nonprofit that provides programs for people with disabilities to build self-reliance through employment services would know a thing or two about the ADA's requirements for reasonable accommodations.
Then there's Innovative Services NW, which the EEOC just sued for it's failure to accommodate a janitor suffering from a degenerative hip disorder. He had asked for a stand-up vacuum to push instead of a backpack vacuum to wear. Not only did ISNW not accommodate him, but it also fired him for his inability to wear that backpack vacuum.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 3, 2023
WIRTW #663: the “growth” edition
Growth comes in many forms. For my son, it came in the form of a daily injection of growth hormones since the age of seven.
Because of his Noonan Syndrome, he's genetically predisposed to being short statured. That fact that I'm 5' 7" and his mom 4' 11" also didn't help his cause. Donovan was barely on the growth chart, and his doctors projected his full adult height at a mere 5' or 5' 1". Shortly after his 7th birthday he took his first dose of growth hormones, a daily injection. It was his decision after he was deemed not tall enough for a new bike he wanted. His endocrinologist at the time thought my wife and I were out of our minds for letting Donovan decide if and when to start treatment. To us, however, if he's the one taking the needle, he should have some say in the if and the when.
Earlier this week Donovan took his final dose, a decision made by his current endocrinologist that he's received all of the possible medical benefit from the more than 2,700 injections he took over nearly eight years.
He's now close to 5' 7", with another inch or two still to grow. That's what I call growth.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 2, 2023
Class action lawsuit highlights the risk of AI in hiring and other employment decisions
Yesterday, news broke of a class action lawsuit filed against HRIS provider Workday claiming that its artificial intelligence systems and screening tools disproportionately and discriminatorily disqualify Black, older, and disabled job applicants.
The named plaintiff, Derek Mobley, is a Black man over the age of 40 who suffers from anxiety and depression. He alleges that he applied for 80-100 positions since 2018 that use Workday as a screening tool and has been denied every time despite his qualifications.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 1, 2023
Tweets, honest beliefs, and terminations
@realDonaldTrump I am the VP of HR in a comp outside of philly an informal survey of our employees shows 100% AA employees voting Trump!
On July 24, 2016, Kathleen Jungclaus — the 55-year-old then-VP of HR for Waverly Heights Ltd. — tweeted the above. A couple of months later, someone anonymously notified Jungclaus's superiors of the tweet. When confronted, Jungclaus initially provided shifting explanations of the tweet's origins but ultimately admitted posting it. As a result, Waverly fired her for violating its social media policy (which she had drafted). After Waverly replaced her with someone 12 years her junior, Jungclaus sued for sex discrimination, age discrimination, retaliation, and hostile work environment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 28, 2023
Do your business’s philosophy, values, and vision match your mission statement
On this week's episode of The Start A Brewery Podcast, I join hosts Laura Lodge and Candace Moon, along with guests Ren Navarro (the owner/operator of Beer. Diversity., and my co-presenter at the upcoming Craft Brewers Conference) and Jason Gladfelter (of Vombuds, LLC) to discuss how a business's mission statement should align with and reflect its philosophy, values, and vision.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 27, 2023
The 2nd nominee for the “Worst Employer of 2023” is … the child labor abuser
According to the Department of Labor, Packers Sanitation Services, the country's largest food safety sanitation services, employed at least 102 children — ranging in age from 13 to 17 — in hazardous occupations in meat processing facilities across eight states.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 24, 2023
WIRTW #662: the “platform” edition
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 23, 2023
NLRB bans non-disparagement and confidentiality covenants in severance agreements. What now?
Is it time to rip up your stock severance agreement? Consider the following two clauses, which I bet your standard agreement contains in some form.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 22, 2023
Do you know what to do if employees strike?
Labor strikes by employees were up a shocking 52 percent in 2022 as compared to 2021. That's according to Cornell-ILR Labor Action Tracker Annual Report. Employee collective work stoppages are on the rise, and there is no indication of them abating any time soon.
Do you know what to do if your employees walk off the job? Here are 10 dos and don'ts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 21, 2023
The 1st nominee for the “Worst Employer of 2023” is … the foul-mouthed retaliator
"I'm going to fire all the motherf---ers!"
That's the threat Department of Labor accused Tamesha Porter, the sole owner and operator of Safe Haven Assisted Living of Haslett, of making to her employees after the Department of Labor started investigating its wage and hour practices.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 17, 2023
WIRTW #661: the “crafty” edition
Earlier this week I had the pleasure of presenting, Crafting Your Craft Brewery's Employee Handbook, a webinar jointly sponsored by Craft Beer Professionals and Start A Brewery. (Thank you, Andrew Coplon and Laura Lodge, for asking me to present 🍻)
In 60 minutes, I discussed why every business needs an employee handbook and ran through every policy a craft brewery needs in its handbook. While the presentation is craft brewery focused, any business of any size will find most of the information applicable. I guarantee you'll learn something.
You can watch the entire webinar here.
Here's what I read this past week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 16, 2023
Do you know the rules for paying remote workers for “downtime”?
Every 10 minutes at some random point that she couldn't anticipate, the company took photos of her and her work, a screenshot of whatever she was working on, and a photo of her face. And they were doing that to verify whether or not she was working.… The company was using that to pay Carol and the other workers only for the minutes when they appeared active.
If she was clicking away at a spreadsheet, doing demonstrable work, she was fine. She would be paid for that 10-minute increment. But as soon as she got a cup of coffee or answered the doorbell or went to the bathroom, she risked not being paid for that time.…
[E]ven if she had worked for 9 and 1/2 minutes out of 10 minutes, if that screenshot showed her inactive, if she was gone or distracted for that 30 seconds, she wouldn't be paid for that increment.
The Department of Labor just issued a Field Assistance Bulletin reminding employers on the proper payment of remote workers under the Fair Labor Standards Act.
- The FLSA requires employers to pay nonexempt employees for all hours worked.
- "Hours worked" is not limited solely to time spent on active productive labor but also includes time spent waiting or on break.
- Short breaks of 20 minutes or less (e.g., to go to the bathroom, get a cup of coffee, let the dog outside, or stretch one's legs) are generally counted as compensable hours worked.
- Longer breaks "during which an employee is completely relieved from duty, and which are long enough to enable [the employee] to use the time effectively for [their] own purposes are not hours worked."
- These rules apply regardless of whether the work is performed at the employer's worksite, at the employee's home, or at some other location away from the employer's worksite.
In other words, even if you catch your nonexempt employees "not working" during the workday, if a break lasts 20 minutes or less you still must pay them. It's non-negotiable under the FLSA. (Exempt employees are paid a salary which becomes owed in full as soon as he or she works just one minute in a work week.)
If you discover an employee abusing paid breaks or their salary status, your remedy is discipline or termination, not withholding wages.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 15, 2023
No privacy for drug-test pees
Someone on Reddit asks: Is it legal for my new employer to watch my pee for a drug test?
I can’t speak for every state, but in my state the answer is an unequivocal “yes.” It’s perfectly legal to require the direct observation of an employee peeing for a new hire or workplace drug test.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 14, 2023
Employee harassed after coming out at work loses harassment lawsuit
After an employee comes out at work as gay, he alleges that co-workers left him pink nail polish, a nail file, and bath bombs, that someone posted Bible verses on his desk, and that he was moved to an isolated corner of the office.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 10, 2023
WIRTW #660: the “Freckles” edition
Two weeks ago I shared the story of Freckles, the toad that my daughter rescued from our backyard. On our podcast — The Norah and Dad Show — we left you with a cliffhanger. Did Freckles live or die. On this week's episode we share Freckles' fate, along with the fate of Norah's high school mock trial team.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 9, 2023
Seminars and Webinars: Employee Handbooks
When was the last time you reviewed and updated your business's employee handbook?
The reality is that you need a customized and updated handbook that documents the guidelines and expectations between your organization and your employees. If you do not pay careful attention to your handbook's contents, you might violate the law, alienate employees, and invite costly and time consuming lawsuits.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 8, 2023
Post-termination diagnosis is insufficient to support ADA claim
Haley Hrdlicka, a 30-year General Motors employee, began having attendance problems after transferring to its Design Academy. Serious attendance problems. Dozens of absences in the four-month period from May – August 2019. A less-than-glowing performance review followed by an "Attendance Letter" (essentially a final written warning) did nothing to improve her attendance. So GM fired her.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 7, 2023
What does an employer have to do to lose $366 million?!
$366 million dollars. That's how much a jury awarded Jennifer Harris, a Black sales manager targeted and then fired by FedEx after she complained to human resources that her boss discriminatorily demoted her.
That's $1.16 million in compensatory damages and $365 million in punitive damages.
The trial judge recently rejected FedEx's motion to reduce the punitive verdict as excessive and a violation of its due process rights.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 6, 2023
The problem isn’t “fake” managers, it’s the poorly named “administrative” exemption
"Would you rather be a front-desk clerk or 'Director of First Impressions'? A barber or a 'Grooming Manager'?" CBS News posed this question, and concluded that employers use these fancy, inflated titles to avoid paying employees in full for their overtime work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 3, 2023
WIRTW #659: the “99 problems” edition
I got 99 problems, but being a podcast guest ain't one.
This week's episode is all about dating at work. The conversation goes all over the place, including to a mafia bar in Chicago. You'll have to listen to the episode to hear all about the craziest experience of my legal career.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 1, 2023
“Entitlement to FMLA leave” is not a prerequisite to an FMLA retaliation claim
The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-year old child at the start of the Covid-19 pandemic.
In mid-March 2020, Polina Milman, an attorney working at Fieger & Fieger PC, requested permission first for unpaid time off, and then to work remotely, to care for her two-year-old son who was exhibiting Covid symptoms and was already vulnerable because of a previous bout of RSV. The firm initially granted her WFH request. On her second remote workday, however, she received a termination letter, stating that she had refused to work because her "child had a cold" and "it was clear [she] had quit."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 31, 2023
Union avoidance vs. union busting
"A company that opposes a union organizing and presents both sides of this complex issue is 'union busting.'" This is what one commenter wrote in response to my recent post about union organizing at Creature Comforts Brewing Co.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 30, 2023
Lessons from coaching high school mock trial
When you try a case, there’s not much within your control. You can’t control the judge. You can’t control the jury. You can’t control your opposing counsel. Sometimes you can’t even control your own witnesses. But the one thing you can control is how well prepared you are, and you are so well prepared.
For the past four months I’ve been volunteering as one of the legal advisors for the Lake Ridge Academy Mock Trial team. That’s what I told my team the evening before their opening round of competition last Friday.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 27, 2023
WIRTW #658: the “Toad Jesus” edition
On the latest edition of The Norah and Dad Show, we discuss Freckles, Norah's newly rescued-from-the-backyard pet toad, who may be sleeping or may be dead. Welcome to the first cliffhanger in the history of our podcast. Find us on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Overcast, your old-fashioned browser, and everywhere else podcasts are available.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 26, 2023
Update on Creature Comfort Brewing’s union organizing
Last week I reported that the employees of Creature Comforts Brewing Co. formed their own independent labor union, the Brewing Union of Georgia (aka BUG) and announced their intent to unionize their workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 25, 2023
Offensive social media posts doom airline employee’s discrimination claim
"If I were Black in America, I think I'd get down on my knees every day and thank my lucky stars that my ancestors were brought over here as slaves."
"Have you lost your cotton pickin' mind?"
"Too many [blue-eyed people] are reproducing with Brown Eyed People."
Those are three examples of Colleen Koslosky's (a former American Airlines customer service agent) Facebook posts that went viral and caused her employer to fire her.
She claimed the airline fired her because of her disability — nerve damage and edema in her leg — based on its prior denial of a reasonable accommodation. The employer, on the other hand, argued that it properly fired her after Koslosky's posts went viral, customers complained, and employees refused to work with someone they believed was "racist."
The 3rd Circuit Court of Appeals had little difficultly affirming the dismissal of Koslosky's lawsuit.
She … claims that a male American customer service employee who was not disciplined for his social media posts disparaging Trump voters — calling them "ignorant rednecks" and "uneducated racist white people." Koslosky does not argue American management knew about her colleague's inflammatory social media posts. This is dispositive. …
As Koslosky points to no evidence of pretext, we are thus left with one conclusion: American fired her because her racially insensitive social media posts violated its policies and generated an outcry from employees and customers alike. Because this is a legitimate justification for her ouster, we are not persuaded that the company violated any law here.
This employee had no business keeping her job or winning a discrimination lawsuit. Employees are absolutely responsible for what the post on their personal social media, and need to understand that their employer can, should, and will hold them accountable when warranted. In this case, it was warranted.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 23, 2023
The BIG risk of misclassifying employees as independent contractors
A national auto parts distributor has reached a settlement with the Department of Labor to pay a total of $5.6 million in back pay and liquidated damages (plus interest) to 1,398 drivers misclassified as independent contractors. The payments to the individual drivers are as low as $40 and as high as more than $120,000.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 20, 2023
WIRTW #657: the “Let me buy you a beer” edition
From Jan. 30 – Feb. 1, the Ohio Craft Brewers Conference is taking place in Cleveland. My firm and I are playing a prominent role.
- On Jan. 30 we are sponsoring the opening reception at Forest City Brewery, from 5:30 - 7 pm. If you've never been, it's an amazing space, a restored 19th century brewery building. It has the oldest (and, imho, most beautiful) beer garden in Ohio, and one of the oldest in the nation … although it might be a tad cold to fully enjoy it. Forest City also produces some of the best beer in NE Ohio — I recommend the Opening Day IPA and the Hootenanny (a kölsch). Finally, Apostle Jones, a local rock and soul band, is providing the musical entertainment. They are not to be missed. Look for me at the Wickens Herzer Panza table (where we'll have some nice giveaways) or milling about the brewery. Stop and say hi and I'll be sure to buy you a beer. This is an open event and you do not have to be registered for the conference to attend.
- On Feb. 1, at 11 am, I am speaking in the Fundamentals Room on Crafting Your Craft Brewery’s Employee Handbook.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 18, 2023
What does Creature Comfort’s union announcement mean for your craft brewery?
The employees of Creature Comforts Brewing Co. recently held a rally to announce their intent to form a labor union. They also announced the formation of the Brewing Union of Georgia, an independent union created by the brewery's employees with the stated goal of spreading their movement across their state. Despite the union's "independence," it has received assistance and guidance from assistance from the United Campus Workers of Georgia and the Workers Center at the Economic Justice Coalition.
This is HUGE news for the craft beer industry.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 17, 2023
Dress codes and gender biases
Women are prohibited from showing their bare arms.Women are required to cover their dress with a second layer.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 16, 2023
Dr. King’s struggle has not ended
“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 13, 2023
WIRTW #656: the “Dilenogate” edition
Until now, I've avoided writing about Dilenogate, the story that has gripped the Cleveland legal community and the nation.
- When an Employee Returns from FMLA Leave, Don't Be This Employer — via Jeff Nowak's FMLA Insights
- Maternity Leave Is Not "Sitting Around on Your Ass" — via Suzanne Lucas at Inc.com
- Firm Parts Ways with Lawyer Who Called Maternity Leave "Sitting on Your Ass", After Text Calling Maternity Leave "Sitting on Your Ass," Law Firm Looks oo Sit on Its Ass on Response, and "Collecting Salary from the Firm While Sitting on Your Ass" Is Certainly ONE Way for a Senior Lawyer to Describe Maternity Leave — via Above the Law
- Text accusing exiting lawyer of sitting on her keister during maternity leave leads to second departure — via ABA Journal
- Cleveland law firm, attorney criticized after social media post shows insulting text sent to attorney who left firm after maternity leave — via Cleveland.com
1.) Offer strong parental leave programs. The FMLA requires 12 weeks of unpaid leave. Consider offering more, or offering to cover the employee's pay for some/all of the leave. If you're not FMLA covered or the employee isn's FMLA eligible, consider mirroring the statute for your employees anyway.
2.) Ramp up/down policies. Plenty of employees work their full 40 right up until their due date, and jump right back into the deep end of work as soon as their leave ends. But consider a phase out and a phase in with reduced hours on both ends. It helps the new mom's physical health leading up to childbirth and her mental health in returning to work.
3.) Schedule flexibility. Parenting isn't a nine-to-five job. It's a 24/7/365 job that is really good at throwing curveballs to parents. Late nights with little sleep. Unexpected doctor appointments. Visits to the pediatric ER. Do you want a sleep deprived or otherwise distracted employee at work. You certainly won't get their best. So try to be as accommodating and understanding as possible. Flexible hours and remote work help ease the stress caused by the unexpectedness of raising a newborn.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 12, 2023
Employers, for the love of God, please stop banning employees from discussing their wages
I came across the following recent post on the legaladvice subreddit.
Work for a brewery. GM and owner … informed everyone that we needed to sign a contract essentially stating that if ANY employee was found to be discussing wages, they would be terminated immediately.… As of last week, GM let everyone know that any employee who hasn't signed the paper will be looked at as a voluntary resignation. I should probably add that, of course, we have no union.
This is what we labor and employment lawyers call … what's the term … ILLEGAL.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 10, 2023
Settlement highlights wage and hour risks of remote work
The City of Cleveland has agreed to pay $50,000 to settle the wage and hour claim of a City Hall employee who claimed that she wasn't paid overtime while working from home during the Covid-19 pandemic.
Eve Bonvissuto, an assistant administrator in the city's public safety department's medical unit, had claimed $68,709 in overtime pay. She alleged that the city had misclassified her as exempt, and that city had no timecard or time-tracking system in place at the time for remote workers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 9, 2023
A supersized harassment settlement highlights the extra care employers must take when employing minors
How bad must sexual harassment be for an employer to settle a harassment case for $2 million? This bad.
AMTCR—the owner of 18 McDonald's franchises across California, Nevada, and Arizona—will pay $1,997,500 to resolve a sexual harassment lawsuit filed by the EEOC.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, January 6, 2023
WIRTW #655: the “FTC did WHAT?!?!” edition
Yesterday, the FTC broke the employment law internet when it announced a Notice of Proposed Rulemaking that, if it takes effect, would ban all employment-related non-compete agreements on a national level.
- Provide that noncompete clauses are an unfair method of competition, and, as a result, would ban employers from entering noncompete clauses with their workers, including independent contractors; and
- Require employers to rescind existing noncompete clauses with workers and actively inform their employees that the contracts are no longer in effect.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 5, 2023
While I was away, Congress pumped life into workplace rights of pregnant employees and new moms
Two laws — the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act — took effect when President Biden signed the Consolidated Appropriations Act just before Christmas.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, January 4, 2023
Just because the law may not require first aid training in your workplace doesn’t mean it’s not a good idea
There is no law or regulation that requires employers to have a person or persons trained to provide first aid in the workplace. Instead, OSHA's standards (here and here) merely require that an employer ensure prompt first aid treatment for injured employees, either by ensuring that emergency treatment services are within a reasonable proximity of the worksite, or by providing for the availability of a trained first aid provider at the worksite.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 3, 2023
Do you know what to do when an employee suffers a severe accident at work?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, December 22, 2022
’Twas the Employment Law Night Before Christmas (2022 edition)
In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2022.
To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone on January 3, 2022, with fresh content to kick off the new year.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, December 21, 2022
Announcing the WINNER of the Worst Employer of 2022
The votes have been counted … and in the end it wasn't all that close. The WINNER of The Worst Employer of 2022 is
The Murder Enabler
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, December 20, 2022
Avoiding liability missteps with year-end bonuses
As employers plan for year-end bonus payments to employees, you need to learn the difference between nondiscretionary bonuses, discretionary bonuses, and special occasion bonuses (such as holiday or other gifts). Otherwise, you risk finding a Department of Labor lump of coal in your wage and hour stocking.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
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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.
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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.
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Wednesday, December 14, 2022
Today is your LAST chance to vote for 𝗧𝗵𝗲 𝗪𝗼𝗿𝘀𝘁 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿 𝗼𝗳 𝟮𝟬𝟮𝟮
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.
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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.
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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.
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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.
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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.
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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.
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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.
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