Thursday, July 20, 2023
Never send an accused harasser on a business trip with his alleged victim
"If he wants to sleep with someone, you have to say yes. It's normal that the coach sleeps with the players in our team."
That's what an anonymous player told The Guardian about Bruce Mwape, head coach of the Zambia women's national team.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 19, 2023
Are we really still talking about masks?
In-N-Out burgers are mid. Its employment practices are even worse.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 18, 2023
The 8th nominee for the “Worst Employer of 2023” is … the head hunter
If you work for the Anatomical Gift Association of Illinois (a non-profit organization dedicated to the procurement, preparation, and preservation of donations for medical and scientific study), body parts are an unfortunate occupational hazard. If, however, you lodge complaints with your supervisors about the "mishandling and poor conditions" of donated bodies, and then find three dismembered heads waiting for you at your desk … that occupational hazard becomes retaliation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 17, 2023
Why all employers should care about the SAG-AFTRA and WGA strikes
At midnight on July 14, SAG-AFTRA, the labor union representing 160,000 film and television actors, went on striking, joining their fellow members of the WGA on the Hollywood picket lines.
One of the key issues in both negotiations in the future of AI in the entertainment industry. SAG-AFTRA claims that the studios want the ability to pay background actors for one day's work use that likeness in perpetuity for any project without consent or compensation, including through the use of generative AI to fully replace the live actor. Similarly, a key sticking point for the WGA is the use of generative AI to write scripts in their entirety, which can then be edited by lower-priced non-union members.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 14, 2023
WIRTW #678: the “Happy Birthday” edition
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 13, 2023
A disabled employee is entitled to a “reasonable” accommodation, not a “preferred” accommodation
Jay Hannah worked as a package delivery driver for UPS. He developed hip bursitis, which caused pain in his lower back, hip, and buttocks. As a result, he requested two alternative reasonable accommodations: either that UPS allow him to drive his route with a smaller truck with softer suspension or that UPS reassign him to a non-driving inside job.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 12, 2023
Color me unsurprised that businesses are already using 303 Creative to discriminate
If a human identifies as anything other than a man/woman, please seek services at a local pet groomer. You are not welcome at this salon. Period.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 11, 2023
“Geographical discrimination” is NOT a thing
"If you don’t relocate and return to in-person work, we’re going to have to let you go." Many employers are having this very conversation with their remote employees. Some employees who want to continue working remotely are starting to push back.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 10, 2023
If you can’t beat ’em, sue ’em.
“Competition is fine, cheating is not.” That’s what Elon Musk tweeted after Twitter’s lawyer’s cease and desist letter to Mark Zuckerberg went public.
Twitter accuses Meta of engaging “in systematic, willful, and unlawful misappropriation of Twitter’s trade secrets and other intellectual property.”
The problem, however, is that according to Meta, “No one on the Threads engineering team is a former Twitter employee — that’s just not a thing.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 30, 2023
WIRTW #677: the “de minimus” edition
Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 29, 2023
“Loud quitting”
Quiet quitting is so 2022. According to CNBC (citing Gallup’s 2023 State of the Global Workplace Report) loud quitting is all the rage.
What is loud quitting? Employees who "take actions that directly harm the organization, undercutting its goals and opposing its leaders." Such actions include, for example, bad-mouthing their boss on LinkedIn on their way out the door or riling up co-workers before they leave.
The Gallup survey blames management for this crisis. "At some point along the way, the trust between employee and employer was severely broken," Gallup wrote. "Or the employee has been woefully mismatched to a role, causing constant crises."
I say, "Hogwash!"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 28, 2023
Employer correctly fires employee for posting racist meme, court says
Rita Hall worked as a line supervisor at Kosei St. Mary's Corporation when she decided to post a meme of two juxtaposed photos on her personal Facebook page — one photo of a group of monkeys on and around a car, and a second photo of a group of Black people on and around a car. At least three of Hall's subordinates and coworkers filed complaints with KSM's human resources department about the racist meme, and the company subsequently terminated Hall because of it.
In her wrongful discharge lawsuit, the court of appeals had a lot to say about Hall's free speech rights at work, none of it good for the former employee or her lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 27, 2023
Can an employer disable online commenting to quell pro-union messaging?
There's a lot going on with the union organizing campaign at Creature Comforts Brewing Company. While the union (known as "BUG") continues to wait for the NLRB to schedule a representation election, BUG continues to accuse the brewery of illegal union busting.
I'd like to tell you that because the Instagram comment policy applies equally to everyone (non-employees and employees), there's nothing unlawful about it under the National Labor Relations Act. But with the current composition of the most pro-union NLRB in history and its equally pro-union general counsel, all bets are off. I'd have real concerns permitting a client to take this step under these or similar circumstances.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 26, 2023
Yes, you can still fire employees for lying, even when they are seeking FMLA leave
67 employees of CSX Transportation submitted a required internal form requesting medical leave. Those requests had four key problems: 1.) each was submitted shortly after CSXT informed the employees that they would be furloughed; 2.) each was submitted by one of two chiropractors; 3.) each contained the same or substantially similar language referencing general minor musculoskeletal conditions such as sprains or muscle spasms with no individualized assessments and requiring at least eight weeks of leave; and 4.) they were all submitted within a very tight time period.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 23, 2023
WIRTW #676: the “Portugal. The Vaction” edition
I've never wanted to be "that guy" who returns from vacation and says, "Let me show you my vacation photos."
Well … Let me show you my vacation photos.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 22, 2023
How much does it cost a company never to hire any women?
USF Holland is recognized as one of the top 100 trucking companies in the country. It has also never hired a women in the 37-year history of its Olive Branch, Mississippi, terminal.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 21, 2023
We need to talk about “wokeness”
"When I grow up, I want to be hired based on what I look like rather than my skills.… I want to get promoted based on my chromosomes.… I want to be offended by my coworkers and walk around of the office on eggshells."
Those are just a few of the quotes from some child actors in a viral YouTube ad for a company called RedBalloon.
RedBalloon is a job board to match anti-woke employees with like-minded employers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 20, 2023
Is your business prepared for the Pregnant Workers Fairness Act?
Consider the following scenarios:
- A pregnant employee has already used her annual allotment of FMLA leave and has no FMLA leave available to use for any reason.
- A pregnant employee has worked for you less than one year and therefore does not qualify for FMLA leave.
- You have fewer than 50 employees and therefore none of your employees, including your pregnant employees, qualify for FMLA leave.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 19, 2023
The 7th nominee for the “Worst Employer of 2023” is … the pretend priest
"Forgive me Father, for I have sinned. Twice I asked a co-worker to punch my time card to cover my tardiness; once I called off sick when I was really playing golf; and I spoke to a Department of Labor investigator about my belief that I haven't be paid correctly."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 2, 2023
WIRTW #675: the “all I ever wanted” edition
Vacation, all I ever wanted
Vacation, had to get away
The Go-Go's had a point.
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, June 1, 2023
10 ways to support your LGBTQ employees #pride
Today is the first day of Pride Month. June might be Pride Month, but your business should commit to and support its LGBTQ employees 24/7/365. Here are 10 ideas that incorporate this inclusion and demonstrate your support of your LGBTQ workers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 31, 2023
NLRB General Counsel Jennifer Abruzzo just obliterated non-compete agreements (maybe)
In my view, the proffer, maintenance, and enforcement of a non-compete provision that reasonably tends to chill employees from engaging in Section 7 activity … violate Section 8(a)(1) unless the provision is narrowly tailored to special circumstances justifying the infringement on employee rights.
With that sentence from NLRB General Counsel Jennifer Abruzzo's just-published memo — entitled, Non-Compete Agreements that Violate the National Labor Relations Act — Ms. Abruzzo sent employment lawyers (including this employment lawyer) scrambling to understand exactly what she said and what she means.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 30, 2023
Here are 11.25 million reasons to settle a lawsuit
Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — race, sex, age, known disability, etc. Did they complain about something at work and when? If I go through your personnel records, will I find someone outside of the to-be-terminated employee's protected class whom you've treated better?"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 26, 2023
WIRTW #674: the “dogs” edition
Meet Loula and Dante, our dogs.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 24, 2023
Pro tip: don’t monkey with an employee’s “regular” hourly rate to avoid overtime obligations
Let's say you have an employee who works 40 hours per week at the rate of $13.00 per hour. Now let's say that same employee needs to start working 20 hours of overtime per week to meet your needs. You still, however, want that employee to earn to same effective rate of $13.00 per week, so you reduce the employee's straight-time hourly rate of $11.15. When the need to work overtime ends, you then return the employee to the original $13.00 rate. Is the reduction of the employee's base hourly rate legal under the Fair Labor Standards Act?
According to the 11th Circuit in Thompson v. Regions Security Services, the answer is "not unless you want a jury to decide the legality of your pay practices under the FLSA."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 23, 2023
Uber suspends DEI exec over “Don’t Call Me Karen” events
Uber has suspended its longtime head of diversity, equity, and inclusion, Bo Young Lee, after Black and Hispanic employees complained that an event she ran — titled "Don't Call Me Karen" — was insensitive to people of color.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 22, 2023
6th Circuit adopts one-step verification for FLSA collective actions
We hold that, for a district court to facilitate notice of an FLSA suit to other employees, the plaintiffs must show a "strong likelihood" that those employees are similarly situated to the plaintiffs themselves. That standard requires a showing greater than the one necessary to create a genuine issue of fact, but less than the one necessary to show a preponderance. The strong-likelihood standard is familiar to the district courts; it would confine the issuance of court-approved notice, to the extent practicable, to employees who are in fact similarly situated; and it would strike the same balance that courts have long struck in analogous circumstances.
With those words, the 6th Circuit ended decades of uncertainty in Fair Labor Standards Act wage and hour collective action lawsuits in my Circuit on the issue of when in such a lawsuit a district court should determine which employees properly belong in the the class.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 19, 2023
WIRTW #673: the “syck” edition
It's always great to connect with old friends. It's even better when your old friend works in a similar field as you. And it's even better when that same old friend hosts his own podcast and invites you on as guest.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 18, 2023
A few wage and hour thoughts for beer festival season
As the weather warms up around the country and spring quickly transitions to summer, festival season will begin … including my personal favorite, the beer festival.
Beer festivals, however, raise a few specific wage and hour traps for participating breweries. Here's the 411.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 17, 2023
Can an employer require that employees be of a specific faith? Believe it or not, it depends.
"Mature orthodox Christian faith as defined by the Apostles' Creed."
That is one of the qualifications listed in a job posting for a filmmaker position. The employer — the International Justice Mission — is a 501(c)(3) non-profit organization, the mission of which is to combat human trafficking and slavery, violence against women and children, and police abuse of power worldwide.
Can IJM make a certain religious faith a job qualification or otherwise ask about religion as part of the hiring process?
It depends on whether "religion" is a bona fide occupational qualification (BFOQ) for that employer.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 16, 2023
EEOC issues its final updates to its Covid-19 guidance
With the Covid-19 National and Public Health Emergencies now concluded, the EEOC just published what should be its final updates to its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 15, 2023
What are the risks with the use of AI at work?
AI is shiny. AI is new. AI is sexy. And AI is problematic and not entirely understood. It is for those last reasons that, according to HR Brew, corporate America is either restricting employees' use of generative AI tools such as ChatGPT or banning them outright.
I don't have the answer for which of allowing, limiting, or banning generative AI is the correct answer for your business. You should, however, consider these three risks in evaluating whether, when, and how your employees use generative AI at work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 12, 2023
WIRTW #672: the “it’s over, Johnny” edition
I spent five days this week with 12,000 other people at the Craft Brewers Conference. You read that number correctly, 12,000. It's something I never could have imagined doing this time last year, or even a few short months ago.
This week not-so-coincidentally also marked the official end of the Covid-19 national and public health emergencies. This end doesn't mean Covid isn't a thing anymore. It still exists and it still can still make you sick. It just means that it's now endemic instead of a pandemic.
What's now going to change as a result? Frankly, not much. It's been months since most of us have moved on from Covid. We've stopped masking. We've stopped social distancing. Heck, as much as many of lauded "work from home" and "remote meetings" as the future of work, many of us have returned to our workplaces and to in-person meetings.
As cautious as I was personally during the pandemic, I'm happy to be back to "normal." Humans are social creatures, and our brains need social interaction. The end of pandemic, however, doesn't mean I'll throw caution to the wind in every situation. For example, I don't think I'll ever not mask up on an airplane. With four shots and one bout of Covid in my system, and less Covid circulating in the community, I'm just willing to take and accept more risk with the virus than I was a few months ago, and certain more than a year ago.
Three cheers to the end of the Covid-19 national and public health emergencies. It's been a long three years and two months. But we made it across the finish line. Let's just hope that we apply public health lessons we learned and do a better job managing the next public health crisis that confronts us.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 11, 2023
A eulogy for Heather Armstrong
Heather Armstrong, the "queen of the mommy bloggers" and the author of Dooce.com, is dead from an apparent suicide after a relapse in her sobriety. She was only 47 years old. She leaves behind two children and a legacy as one of the most important social media influencers ever.
In February 2002, Heather became the first person of which I'm aware to be fired for something she wrote online. One of her co-workers discovered that Heather was the author of an anonymous blog that, in part, discussed her workplace and her co-workers. Most of what she wrote was unflattering. That person anonymously reported Heather to their HR department. She was then fired because of some of the things she had written.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 9, 2023
My privilege is NOT a superpower
I am currently in Nashville, at the Craft Brewers Conference. I'm spending my time split between networking at the Start A Brewery lounge that my firm is co-sponsoring, and attending educational sessions. One such session, which I attended yesterday, was titled, Privilege as Your Superpower.
In these turbulent times, so many know they want to do something about inequity, but don't know where to start. Unfortunately, concerns about saying the wrong thing or not having the power to create change lead many to do nothing. It is essential for leaders to understand the concepts of both systemic and individual privilege, because when they do, they will find that their privileges are actually their superpowers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 8, 2023
The 6th nominee for the “Worst Employer of 2023” is … the defecation denier
“Joshua Amin alleges that he was denied a bathroom break by his supervisor at UPS warehouse until he was forced to defecate on himself at his workstation.”
This really happened … or at least Amin claims in his lawsuit that it did.
According to Amin, he was ill and needed to use the restroom ASAP, which a supervisor approved. On the way, he ran into division manager Sergio Castro, who told him that he had already used his break and that he needed to get back to work. After Amin explained his situation, Castro threatened to “walk him out right now” if Amin didn’t return to his workstation.
After Amin complied, Castro followed and taunted him, saying, “I guess if you got to go … you can use [the restroom] right here, where you are.” That is exactly what Amin did. Castro then yelled out that if Amin’s coworkers needed to use the restroom outside of their ten-minute break, they could relieve themselves at their station, “just like Josh.” Castro also forced Amin to work in soiled pants for another twenty minutes.
Can we please stop treating employees like children. If someone has to go the bathroom you let them go to the bathroom. You don’t bully them into soiling their pants and further bully them about it after the fact. This behavior is inexcusable, and it’s why this is my 6th nominee for the Worst Employer of 2023.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 5, 2023
WIRTW #671: the “CBC” edition
Next week I'll be at the Craft Brewers Conference in Nashville — a four-day gathering presented by the Brewers Association of all things craft brewers and craft beer. There are loads of speakers spread across eight educational tracks, a massive trade show, and too many networking opportunities to count.
On the educational front, I'm speaking twice: once on Sunday (at 2:55p in Davidson Ballroom A) as part of the THRIVE pre-conference workshop discussing, along with my co-presenter Ren Navarro, ADA accessibility and inclusivity for employees and patrons; and again on Tuesday (at 1p in Davidson Ballroom B) discussing how to legally pay tipped employees.
On the networking front, instead of opting for a trade show booth, my firm is sponsoring the Start A Brewery lounge. Start A Brewery is a community of craft beer industry veterans who share our knowledge and experience in support of the craft beer community by helping new breweries and breweries in planning.
Please let me know if you plan on stopping in so that I can make sure I'm present and available. And please say hello if you're at either of my speaking sessions or just happen to run into me at the Conference or at any of the events around Nashville. I will happily share a beer with you and cheers our industry.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 4, 2023
When you offer a reason for something, you better be really, really sure it’s correct
It is with great sadness that we announce that the Founders Detroit Taproom will be permanently closing its doors today.
Unfortunately, our Detroit location has not been immune to the struggle to regain foot traffic after temporary Covid closures that have impacted restaurants and bars across the nation.
That was the message that Founders Brewing Company posted across its social media channels earlier this week.
There is no doubt that the bar and restaurant industry has struggled throughout the pandemic and, in pockets, continues to struggle. Consider, however, that less than three hours before Founders announced its Detroit taproom closure, it was sued by a Black employee claiming that the brewery promoted her "purely for optic reasons" and subjected her to "egregious racial harassment" that was "so objectively racially hostile that she had no choice but to resign" last week.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 3, 2023
An employee may not have a right to receive a reasonable accommodation, but they at least have a right to conversation about it
The EEOC has sued Mercy Health St. Mary's for religious discrimination, claiming that it violated Title VII by rescinding a job offer to an applicant who, for religious reasons, refused to obtain a flu vaccine pursuant to hospital policy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 2, 2023
N-word + noose = jury trial
In the nine months that Tyrone Rembert worked as a temporary employee at Swagelok Company, he claims he was subjected to the following:
- The routine use of the N-word, including his two white supervisors directing it towards him at least 50 times.
- A coworker holding up a noose fashioned out of hose pipe and saying, "This is what we do around here."
- A supervisor telling him, "I see you have your black face on today."
- Repeated threats of violence, including a group of white employees telling him, "There are enough of us to take you down," and "You better pray."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 28, 2023
WIRTW #670: the “dope” edition
"Write a rap about employment lawyer Jon Hyman."
That was the prompt I gave to ChatGPT. I think what it came up with is pretty, pretty good.
Listen up, y'all, let me tell you a story'Bout a lawyer named Jon Hyman, he's got all the gloryHe's an employment law expert, with knowledge so vastIf you need legal advice, he's the one to ask
Jon Hyman, Jon Hyman, he's the manHe'll fight for your rights, he's got a solid planEmployment law is his game, he's got the skillsHe'll win your case, just pay your bills
He's got a blog called "Ohio Employer Law"Where he shares his wisdom, and he never withdrawsHe's got the answers to all of your questionsHis legal advice is a legal injection
Jon Hyman, Jon Hyman, he's the manHe'll fight for your rights, he's got a solid planEmployment law is his game, he's got the skillsHe'll win your case, just pay your bills
He's got the passion, he's got the driveHe'll never give up, he'll always striveTo protect your rights, and make things rightHe's the legal eagle, he's got the might
Jon Hyman, Jon Hyman, he's the manHe'll fight for your rights, he's got a solid planEmployment law is his game, he's got the skillsHe'll win your case, just pay your bills
So if you need a lawyer, don't hesitateJon Hyman's the man, he's got what it takesHe'll fight for your rights, he'll make things rightJon Hyman, he's the legal eagle in sight.
(That 💩 is dope!)
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, April 27, 2023
Intentional misgendering IS sexual harassment
Jane works as a cashier at a donut shop. She is a transgender female who identifies by a female name and female pronouns. Her supervisor, Lisa, however, refuses to use Jane's preferred gender. She uses Jane's male legal name, male pronouns, and "dude" when referring to her, despite Jane's frequent requests for her to use female pronouns and the preferred female name. Lisa would similarly encourage customers not to use Jane's preferred name or pronouns.
Did Lisa create a hostile work environment based on Jane's sex?
You bet she did.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 26, 2023
Your anti-harassment obligations are 24/7/365
"I did not know that a workplace policy could be enforced when you're not at work."
Those are the words of former Tennessee Representative Scotty Campbell, spoken to a reporter a mere six hours before he resigned his seat in State General Assembly after a bipartisan ethics subcommittee concluded that he had sexually harassed two female interns.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 25, 2023
Tip credits, tip pools, and slutty vegans
Bar Vegan in an affiliate of Slutty Vegan, a plant-based restaurant chain that finds itself in the crosshairs of a wage-and-hour collective action lawsuit challenging how it pays its tipped employees. The issue focuses on the bar claiming a tip credit and paying its tipped bartenders less than the statutory minimum wage. That practice, in and of itself, is legal. What makes it allegedly illegal in this case, however, is how Bar Vegan distributes tips among its staff, and more specifically that it permits non-tipped employees to participate in a tip pool with its tipped bartenders.
That's an FLSA no-no.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 24, 2023
The 5th nominee for the “Worst Employer of 2023” is … the dog dumper
"You can only keep one, your current job or your family pet; which do you choose?" Most would choose the family pet. Which is why it’s so appalling that Clearlink CEO James Clarke used the example of an employee who sold his family dog to enable his return to the working from the office as a sterling example of the type of work ethic expected of all of his employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 21, 2023
WIRTW #669: the “Lamborghini” edition
Either I cashed in some sweet crypto and bought a Lamborghini … or someone hacked my Instagram account.
The most frustrating part is that I can't recover the account. 2FA isn’t working correctly so I can't reset my password. As a backup to confirm I'm me, Instagram asks for a video selfie to compare against photos in my account. But no matter how many selfies I submit, Instagram won't confirm me.
So I'm in Instagram hell, with an account I can't access, but someone else can. Meanwhile, they're using the account to spam my followers with nefarious requests about a new bakery "I" am opening that I can only assume will get them hacked, too.
Help!
If you work at Instagram or Meta and can help me get my account back (or can direct me to someone who can) I'll be eternally grateful.
For now, don’t click any links in any of "my" Insta Stories or Insta DMs from "my" account.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 20, 2023
Please don’t use “fit” to justify an employment decision, no matter what the 4th Circuit just said
"You're not white."
"You're not male."
"You're not Christian enough."
"You're too Brown.
"You're too old."
"You're too disabled."
With this background, consider Lashley v. Spartanburg Methodist College, which involved a teacher suing her former employer after it did not renew her contact because they "were not a good fit for each other." The teacher claimed "good fit" was pretext for retaliation based on her prior request for a disability reasonable accommodation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 19, 2023
Most lawsuits settle. Here’s why.
$787.5 million. That's how much Fox News agreed to pay Dominion Voting Systems to settle its claims of defamation related to bogus claims of fraud in the 2020 presidential election.
Some people aren't happy that this case settled. For one reason or another they wanted these parties to have their weeks in court. But you know what? The only opinions that matter are those of Fox and Dominion.
When you litigate, you lose. This is an odd statement for a litigator to make. But it's true. When you litigate, the only people that "win" are the lawyers. It's for this reason that I believe that every claim or potential claim should settle. The two key considerations are when and for how much.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 18, 2023
Your business should have an employee conflict of interest policy
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 14, 2023
WIRTW #668: the “obrigado” edition
Three years ago — March of 2020 to be precise — my family and I were supposed to spend our kids' spring break in Portugal. Then a little thing called Covid happened, we canceled our trip out of an abundance of caution, and the world went to hell for a long, long time.
Three years later we are finally set to take our Portuguese holiday. We'll spend 12 glorious and much needed June days in continental Europe's westernmost nation, split across Porto (4 days), Peniche (3 days), and Lisbon (5 days). The Airbnb's are booked, the rental car is reserved, and I've marked my tour books with all of the must-see sites both in and around our three home bases and during our journeys in between.
Here's my question for anyone who's been to Portugal — what are your best tips?
- Off-the-beaten-path sites?
- Restaurant and bar recommendation?
- Tours, wine and otherwise?
- Anything else?
Thanks in advance for playing tour guide for me. I'll reward you with pictures and stories upon my return.
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, April 13, 2023
Do you know how to spot an employee at risk for mass violence?
Before Connor Sturgeon left his home with gun to travel to his place of employment, Old National Bank, to open fire in an assault that that killed five and injured eight others, he wrote a note to loved ones. He had also apparently told others that he was suicidal. This was just the most recent in a string of never-ending workplace tragedies.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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