The rounding of an employee's clock-ins and clock-out to the nearest of a specific increment of time is perfectly legal. It's also a perfectly terrible idea.
Wednesday, August 23, 2023
This is why I hate timeclock rounding policies
The rounding of an employee's clock-ins and clock-out to the nearest of a specific increment of time is perfectly legal. It's also a perfectly terrible idea.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 22, 2023
5th Circuit rejects the “ultimate employment decision” test for workplace discrimination claims
"Female employees are not given full weekends off and can only receive weekdays or partial weekends off."
Is this policy legal or illegal?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 21, 2023
Getting your termination ducks in a row
Just because someone engages in protected conduct doesn't mean you can't fire them. It just means you better have your ducks in a row when you do so.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 18, 2023
WIRTW #683: the “here comes the flood” edition
Lord, here comes the floodWe'll say goodbye to flesh and bloodIf again the seas are silent in any still aliveIt'll be those who gave their island to survive
– Peter Gabriel, "Here Comes the Flood"
That songs has been playing on a loop in my head for the past few days. That's how long it's been since my house flooded. A supply line to our master shower burst, causing my kitchen ceiling to resemble the Bellagio Fountains (but upside-down).
T he here of our story is my 15-year-old son, Donovan, who was home with no adults. The rest of us were driving home from our daughter's doctor appointment. D-man FaceTimed me to show me the rushing waters. I pulled over into the nearest parking lot and, also via FaceTime, walked him through how to shut off the water from the main.
Without D-man's quick thinking the flood would have been a lot worse. As it stands, we will need a whole new kitchen, along with new carpet both upstairs and in our basement, some new bathroom cabinets, and I'm sure lots of other stuff.
Needless to say, it's been a week.
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, August 17, 2023
There is no such thing as free speech at work
"Having successfully settled my case with ESPN/Disney, I have decided to leave so I can exercise my first amendment rights more freely."
-vs-
"ESPN and Sage Steele have mutually agreed to part ways. We thank her for her many contributions over the years."
Those are two vastly different statements published by (now former) ESPN anchor Sage Steele and her former employer.
ESPN's statement is standard vanilla for a company announcing someone's departure.
Sage Steele's statement, however, is borderline dangerous because it continues to foster a myth that private sector employees enjoy First Amendment rights at work.
Steele's lawsuit against ESPN followed her removal from the air two years ago after a series of controversial public comments about vaccine mandates ("to mandate … is … sick … and … scary"); female sports reporters and sexual harassment (women need to "be responsible" and it "isn't just on players and athletes and coaches to act a certain way"); and former President Barack Obama's racial identity ("I think that's fascinating considering his Black dad was nowhere to be found, but his White mom and grandma raised him").
Let me say this one more time, loudly, for the people in the back:
The First Amendment to which Sage Steele refers prohibits the government from restricting speech, not private employers — "Congress shall make no law … abridging the freedom of speech…."
Yes, there are some limited exceptions to the lack of workplace free speech rights — government workers; complaints about discrimination; protected concerted activity under the National Labor Relations Act; and the few states that grant speech rights to all employees.
But otherwise, no one should operate under the mistaken impression that they can flap their gums about whatever they want without workplace consequences. People like Sage Steele who continue to perpetrate the fallacy of workplace free speech are doing everyone (including themselves) a grave disservice.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 16, 2023
Despite what SCOTUS said about collegiate affirmative action, corporate DEI efforts are still legal
National Center for Public Policy Research, which owns around $6,000 in Starbucks stock, sued, claiming those policies require the company to make race-based decisions in violation of state and federal civil rights laws. Explaining the lawsuit, the NCPPR said that setting "goals for the number of 'diverse'—meaning not-white—employees it hires … is outright racial discrimination."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 15, 2023
Not all reasonable accommodation standards are created equally
Consider this example, and then let's talk.
Lydia works as a cellar person in a brewery. The essential functions of her job include the ability to lift up to 40 lbs. and to move kegs that weigh as much as 160 lbs. She delivers a note from her doctor that says, "No lifting or moving more than 10 pounds."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 14, 2023
Pregnant Workers Fairness Act and pregnancy loss
Missy, a newly hired server in the taproom of a brewery, suffers a miscarriage and asks her manager for ten days of leave to recover. As a new employee, Missy has not yet accrued any paid leave. The employer is too small to be covered by the FMLA and does not have a policy providing any unpaid leave.
Must the brewery grant Missy her requested ten days of post-miscarriage leave?
Historically, the answer could have been no.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 11, 2023
WIRTW #682: the “horse hockey” edition
Lou Grant. Leslie Knope. Dr. Mark Greene. Captain Merrill Stubing. Even Michael Scott. The history of television is littered with great bosses. Earlier this week my friend Suzanne Lucas asked her vast LinkedIn network to name their choice for the “best” tv boss. Her choices were District Attorney Adam Schiff and Lieutenant Anita Van Buren, from Law & Order.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 9, 2023
$2.6 million reasons why it’s illegal to fire a gay employee
Yesterday, a federal jury in Columbus returned a $2.6 million verdict in favor of Stacey Yerkes, a former Ohio State Highway Patrol employee who claimed that she was constructively discharged (forced to quit based on intolerable and unreasonable working conditions) because of her sexual orientation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 8, 2023
Despite what he says, Elon Musk will not pay your legal bills if you’re fired for Xing
"If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill. No limit. Please let us know."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 7, 2023
Work and religion aren’t a Reese’s Peanut Butter Cup
I share the above as prologue to today's discussion, which focuses on a Title VII lawsuit the EEOC recently settled with Aurora Pro Services, a North Carolina residential home service and repair company, alleged to have required employees to participate in religious prayer sessions as a condition of employment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 4, 2023
WIRTW #681: the “excel-lent” edition
To be the man (or woman), you've gotta beat the man (or woman).
And to beat the man (or woman), you've gotta be really, really good at pivot tables and the xlookup function.
Earlier this morning, ESPN2 aired the Microsoft Excel World Championship.
You read that correctly — the world championship of spreadsheeting.
How in the world does one convert Microsoft Excel into a competitive sport? The answer is by tasking competitors to use Excel to solve complex puzzles. The eight contestants are provided "cases" to solve. Past examples include computing all of the possible outcomes and rewards for a slot machine or all of the possible combinations of license plate numbers. Contestants are then provided 30 minutes to answer a series of questions related to each case worth up to 1,000 points; the most points wins.
It's fascinating and compelling to watch, and I made sure to tune in before I left for work this morning. No spoilers on who won. I know you can find a replay and I want you to discover the joy of this event all on your own.
So here's my fun Friday question for everyone — If given the opportunity, what aspect of your job would you turn into a competitive sport? Mine would probably have something to do with Lexis searches … or maybe a race to make a filing deadline?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 3, 2023
NLRB resets the rules on employee handbooks … yet again
Yes, we need to talk about employee handbooks and the NLRB … again.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 2, 2023
The No Robot Bosses Act
"I, for one, welcome our robot overlords." 🙃
Consider this scenario. "You're a delivery driver and your employer's tracking algorithm determines you’re not performing up to its standards — and then sends you an email to let you know you've been fired without any warning or opportunity to speak to a human being." According to Senator Bob Casey, it is this example, along with others, that caused him to draft the the "No Robot Bosses Act."
If enacted, it would add protections for job applicants and employees related to automated decision systems and would require employers to disclose when and how these systems are being used.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 1, 2023
Managing an overly sensitive employee
Floyd Sesson, a Black UPS parts mechanic, saw race discrimination in every turn within his workplace.
When UPS changed its policy to prohibit overtime for all parts mechanics, Sesson claimed that the policy unlawfully targeted him because of his race.
When Sesson complained to management about the overtime cuts, he claimed he further lost overtime in retaliation for his complaints.
When supervisors tried to manage Sesson, he claimed they were harassing him because of his race.
The 6th Circuit had little difficulty in affirming the dismissal of Sesson's discrimination, retaliation, and harassment lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 31, 2023
The time has come to legislate gluten-free food
"I'm gluten free…"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 28, 2023
WIRTW #680: the “walk up song” edition
Above the Law thinks that it's time for lawyers to have walk-up songs.
History says that the walk-up song started at Old Comiskey Park in 1970, with the White Sox organist playing each player's home state song as they walked up to the plate. Over time, the tradition expanded to other ballparks and different music.
What's the most famous walk-up song of all time? I'd argue Ricky "Wild Thing" Vaughn's "Wild Thing" (from the movie "Major League"). In real life? Mariano Rivera's "Enter Sandman"? Chase Utley's "Kashmir"? Trevor Hoffman's "Hells Bells"?
Which brings me back to the question posed by Above the Law: What would our lives be like if our own theme songs accompanied us while we work?
It's a great question. I think mine would be "Career Opportunities" by The Clash. Driving guitar + a workplace theme = gold for this employment lawyer.
How about you? What walk-up song would you choose for your job?
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, July 27, 2023
6th Circuit opinion guts the validity of e-signatures on employment documents
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Wednesday, July 26, 2023
X marks the spot
There's nothing inherently illegal about naming one of your conference rooms "s3xy." If, however, your company has a history of allegations of sexual harassment and other sex discrimination, it's not the wisest choice.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 21, 2023
WIRTW #679: the “Portugal. The Podcast” edition
It's been a hot minute since my daughter and I recorded an episode of our podcast, The Norah and Dad Show. It only took a Portuguese holiday to get us off our duffs to record. It was a trip more than three years in the making (thanks to Covid), and we made the most of it — 12 days spread across Porto, Peniche, and Lisbon. On the episode we share our favorites from each of our three stops, some restaurant recommendations, cool sights and sounds (peacocks!), and our overall impressions of an amazing country.
Here's what I read this week that you should, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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.
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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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