Friday, October 20, 2023
WIRTW #692: the “hot diggity dog” edition
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, October 19, 2023
Failure to advise employer of a disability dooms employee’s ADA claim
True or false — An employer must always reasonably accommodate an employee’s disability if necessary to permit the employee to perform the essential functions of the job unless it causes an undue hardship on the employer?
Answer — False. An employer does not have an obligation to grant a reasonable accommodation that an employee never requests.
Case in point: Mueck v. La Grange Acquisitions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, October 17, 2023
Employers need to be more vigilant than ever with anti-Jewish and anti-Muslim bias
Not all Jews are Zionists colonizers, and not all Muslims are Hamas terrorists. In fact, most aren't. Moreover, you can oppose the policies or actions of the Israeli government without being antisemitic and oppose Hamas without being anti-Muslim.
Yet, the ongoing conflict between Israel and Hamas has brought the Israeli-Palestinian conflict front and center into our lives, and as a result also into our workplaces. You can't stop employees from talking about current events, especially when those events are so horrific and so impactful on so many of us. Your employees will be talking about what's happening in Israel and Gaza. The key for employers is to make sure those discussions remain calm and respectful.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, October 16, 2023
Join me tomorrow: Tips on Tips webinar (free)
I spent my Saturday night at 8th Day Brewing Company watching my 17-year-old daughter, Norah, play a killer 3-hour set of music. When we sat down at our table, I was giddy to find the latest issue of The New Brewer, the bi-monthly trade magazine of the Brewers Assocation. That issue features my article on how to legally pay tipped employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, October 13, 2023
WIRTW #691: the “football” edition
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, October 12, 2023
Would you fire this employee?
International law firm Winston & Strawn has withdrawn its job offer to an NYU law student who published and distributed inflammatory comments regarding Hamas' recent terrorist attack on Israel.
I want to express, first and foremost, my unwavering and absolute solidarity with Palestinians in their resistance against oppression towards liberation and self-determination. Israel bears full responsibility for this tremendous loss of life. This regime of state-sanctioned violence created the conditions that made resistance necessary. I will not condemn Palestinian resistance.
The firm was swift in its decision:
These comments profoundly conflict with Winston & Strawn's values as a firm. Accordingly, the Firm has rescinded the law student's offer of employment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, October 11, 2023
“Misgendering” is NOT a thought-crime
The EEOC is NOT trying to make "misgendering" a thought-crime.
In response, Andrea Picciotti-Bayer, Director of the Conscience Project, wrote an op-ed on thehill.com taking the EEOC to task for its alleged "thought-policing."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, October 10, 2023
Office lottery pools
More money, more problems. After 36 consecutive drawings without a winner, the next Powerball drawing has a prize of approximately $1.75 billion. Many workplaces will be organizing pools to buy as many chances as possible. With that much money on the line, however, if you’re office pool is lucky enough to win you’ll also probably be unlucky enough to be sued.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, October 6, 2023
WIRTW #690: the “Lou-Lou-Lou-Lou-Loula” edition
On the latest episode of The Norah and Dad Show, Norah and I remember Loula, our beloved vizsla who died last week. Different people deal with grief and loss in different ways; for me, talking about her helped me deal with my grief, a lot.
You can listen on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Overcast, Castro (my podcast player of choice), on the web, or wherever you get your podcasts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, October 5, 2023
Rest periods v. Meal periods
Do you know the difference between a break period and a meal period during an employee's work day? It's an important distinction because one does not count as working time, while the other does.
Federal law does not require an employer to grant employees rest or meal periods during the work day. (Some states do require them depending on the total number of hours worked; mine, however, does not.)
Federal law does, however, provide for whether meal and rest breaks are counted as "hours worked." This distinction is important. If time is counted as "hours worked," it goes into the calculation of time worked during the work week for consideration of whether the employee has crossed the 40-hour threshold for overtime pay.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, October 3, 2023
The one thing your business can do right now to cut your potential FLSA liability in half
Q: What is the one thing that your business can do RIGHT NOW to cut your potential FLSA liability in half?
A: Hire an employment lawyer to conduct a wage and hour audit.
Case in point: Hendricks v. Total Quality Logistics.
After 13(!) years of litigation, a federal judge recently ruled that TQL violated the Fair Labor Standards Act and must pay unpaid overtime to thousands of misclassified employees.
The judge also ruled that TQL must pay statutory liquidated damages under the FLSA in an amount to the unpaid overtime because TQL did not establish that it acted in good faith in (mis)classifying its employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, October 2, 2023
How bad do wage and violations have to be for a federal judge to order you to sell your business? This bad.
A federal district court judge has ordered the owners and operators of 14 Subway restaurants to pay employees nearly $1 million in back wages and damages and further ordered them to sell or shut down their businesses within 60 days.
The wage and hour violations included:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Saturday, September 30, 2023
Loula.
Thursday night, we made the very difficult decision to let our beloved family member, Loula Mae, go.
It was one of the hardest decisions we've ever had to make as a family.
She had too many not good things happening inside of her. After two days of testing the vet had no idea why her red blood cell levels kept dropping and not regenerating. There were also suspected cancer cell from a substantial mass that had suddenly formed under her armpit, which had quickly spread across her chest and down to her belly. The preliminary diagnosis was either cancer bleeding to her body causing the anemia, or the cancer triggering an autoimmune amenia.
Either way, all of the potentials were various degrees of awful. Thus, we made the painful decision to let her go instead of putting her through months of suffering with an uncertain outcome and only a small chance of her having any quality of life in the future.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, September 29, 2023
WIRTW #689: the “134” edition
134. That's how many different available positions Costco offered to Monica Barnett over a nearly nine-month period in an effort to accommodate her knee and wrist injuries.
0. That's how many of the offered positions Monica Barnett applied for or requested placement.
1. That's the number of paragraphs it took the 9th Circuit Court of Appeals to affirm the dismissal of Barnett's failure to reasonably accommodate claim. In the Court's words:
Barnett claims Costco refused to engage in good faith, "forced" her to remain on medical leave, and required her to be "100% healed" before returning to work. These assertions are unsupported by the record. The undisputed record demonstrates that Costco held three job assessment meetings, sent Barnett 134 available positions over more than eight months, and placed Barnett in an optical-assistant position that accommodated her limitations.
Sometimes, no matter how hard you try as an employer to do right by an employee, the employee is going to sue. In those cases, all you hope is that you have your i's dotted and t's crossed, all of your contemporaneously made documentation is in order, and a judge or jury will see the case for what it is and find in your favor.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, September 28, 2023
Employees shouldn’t have to choose between their religion and their job
Is there any legitimate reason a concierge must be clean shaven as a condition of employment? That question is at the center of a new lawsuit the EEOC filed against Blackwell Security Services.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, September 25, 2023
The two main reasons why employers shouldn’t retaliate
Social media giant TikTok is in some legal hot water for its alleged mistreatment of its employees. According to NPR, two Black employees allege that TikTok fired them after they complained to HR about racial discrimination within the company.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, September 22, 2023
WIRTW #688: the “(not) Progressives” edition
According to the plaintiff, the first four years of his employment at Progressive were without incident, until he informed his supervisor of his intent to transition from female to male. That's when he alleges the mistreatment began, and continued for the final four years of his employment until he quit.
Transgender people are under attack. This lawsuit is a symptom of a much larger problem in workplaces across our country. Trans employees often experience discrimination, harassment, and a lack of understanding, including from their work colleagues and bosses. As an employer, it is important to create a safe and inclusive environment for all employees, including those who identify as transgender or gender nonconforming. Otherwise, you just might find yourself at a receiving end of a well-deserved and difficult-to-defend lawsuit. Just ask Progressive Insurance.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, September 20, 2023
Facebook Messenger and other alternative communication channels for attendance call-outs
An employee uses Facebook Messenger to notify his supervisor of a medical absence, ignoring the company's policy that requires employees to use a specific call-in line to notify their supervisor of a tardy or absence at least 30 minutes before their shift begins.
Are these absences FMLA-protected excused absences, or unexcused absences subject to termination?
In 2019, Kasey Roberts took six weeks of leave to undergo and recover from an emergency appendectomy, after notifying his supervisor via Facebook Messenger. A few days after returning, Roberts was hospitalized for a post-surgical infection. He again sent his supervisor several Facebook messages notifying of his absences.
After Roberts missed three more weeks of work, his employer fired him for job abandonment, claiming that all of his absences were unexcused since the call-in line, and not Facebook Messenger, was its "usual and customary" system for medical leave notice.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, September 19, 2023
Let’s play FLSA error-spotting
Empire Diner pays its servers a tipped minimum wage of $2.83, the permissible tipped minimum wage in the state in which it's located, Pennsylvania. According to the company's payroll records, each employee earns more than the statutory minimum wage, $7.25 per hour.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, September 18, 2023
The 10th nominee for the “Worst Employer of 2023” is … the jack(a$$) in the box
The EEOC recently filed a lawsuit against a Jack in the Box restaurant owned and operated by Eastbox LLC, alleging sexual harassment against teen and young adult female employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, September 15, 2023
WIRTW #687: the “red rain” edition
We deeply regret the incident that occurred this morning involving the bursting of 2 suitable-to-consumption DOC wine storage units stemming from the extraordinary government support measure to producers and wineries of the Distillation Crisis 2023 motivated by the excess of wine in the country.
Although the incident did not cause any injuries, we want to express our sincere concern for the damage caused in general in Levira and in particular to his home.
The causes of the incident are being investigated by the competent authorities.
We take full responsibility for the costs associated with damage cleanup and repair, with crews available to do it immediately. We're committed to resolving this situation as soon as possible.
Please keep photographic records of damages and damages and contact us to discuss the details and coordinate the necessary procedures. We are available at any time to help you resolve this issue.
Once again we apologize for the inconvenience caused and we're committed to doing whatever is necessary to remedy the situation.
Thank you very much and once again, we are very sorry.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, September 14, 2023
Repeat after me: Never, ever, ever ignore court orders
Have you ever heard of a "writ of body attachment?" Me neither, until yesterday. That's when the 7th Circuit Court of Appeals issued one against Timothy and Carley Dillett, two corporate officials of Haven Salon + Spa, and ordered federal marshals to take them into custody.
What did the Dilletts do to earn the ire of a federal appeals court and wind up in custody?
They repeatedly and willfully ignored the NLRB's and the Court's orders.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, September 13, 2023
If you bet on which of your employees will get Covid, you probably shouldn’t qualify for a bonus
In late 2020, Tyson Foods fired seven of its pork processing plant managers after they were caught betting on which of their employees would next get sick with Covid. At that time, more than 1,000 Tyson employees had fallen ill, and six had died. In announcing the firings, the company's President and CEO said, "The behaviors exhibited by these individuals do not represent the Tyson core values, which is why we took immediate and appropriate action to get to the truth. Now that the investigation has concluded, we are taking action based on the findings."
Not content with leaving well enough alone, five of the seven fired managers sued Tyson Foods claiming that the company owed them a bonus payment pursuant to the company's Annual Incentive Plan.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, September 12, 2023
The 9th nominee for the “Worst Employer of 2023” is … the cake boss
Telling an employee to "Eat a Dick" won't earn you a nomination for the Worst Employer of 2023.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, September 8, 2023
WIRTW #686: the “non-union label” edition
(With a huge tip of the hat to my friend Mike VanDervort for the idea), and inspired by the impending union election at Creature Comforts, I asked Bard, Google's AI assistant, the following question: "What are some good names for a union-free craft beer?"
- Free Range Ale
- Independent IPA
- Maverick Pale Ale
- Unshackled Wheat
- Renegade Stout
- Free Spirit Saison
- Unbowed Brown Ale
- Unbound Amber Ale
- Defiant Pilsner
- Untamed IPA
- Wild Card Porter
These names all convey the idea of being free from union control, while also being creative and catchy. They would be a good fit for a craft beer that is brewed by a small, independent brewery that values its employees and gives them a fair wage.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, September 7, 2023
Can you hear me now?! Jury awards deaf truck driver $36M in disability discrimination lawsuit
$36 million is a number large enough to get anyone's attention. It certainly got the attention of Drivers Management, LLC and Werner Enterprises, Inc., after a federal jury awarded the EEOC that amount in a disability discrimination lawsuit it filed on behalf of Victor Robinson, a deaf truck driver, denied employment because of his disability.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, September 6, 2023
OSHA wants to let union reps into your non-union facility
If OSHA gets its way, you might have to start opening the doors of your business to union reps during the agency's safety inspections.
Pursuant to a new rule proposed by OSHA, in the event of an OSHA inspection an employee can designate another employee or a non-employee third-party to accompany the OSHA agent during the physical workplace inspection.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, September 1, 2023
WIRTW #685: the “good bosses” edition
I write about a lot of horrible, terrible bosses … the worst employers.
Today, however, I want to use this space to shine a light on five really, really great bosses … specifically late-night hosts Stephen Colbert, Jimmy Fallon, Jimmy Kimmel, Seth Meyers, and John Oliver. This week, they launched a new podcast — Strike Force Five — to raise money for their employees that have been out of work since the WGA went on strike 122 days ago.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, August 31, 2023
DOL announced proposed rule to increase salary threshold for white-collar exempt employees
$1,059 per week. If the Department of Labor gets its wish, that amount will become the new salary threshold for its various white-collar overtime exemptions. Yesterday, the DOL published a notice of proposed rulemaking seeking to increase the FLSA's salary test from the current threshold of $684 per week ($35,568 annually) to $1,059 per week ($55,068 annually).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, August 30, 2023
NLRB opens the tap for a union election at Creature Comforts Brewing Company … but will it matter?
It took more than seven months, but the NLRB has finally directed a union representation election at Creature Comforts Brewing Company. The NLRB will soon hold a secret ballot election over whether employees wish to be represented for purposes of collective bargaining by the Brewing Union of Georgia.
The bigger issue for Creature Comforts, however, is that even if it wins the election, the union will almost certainly use its four pending unfair labor practice charges against the employer to seek a bargaining order under the Board's recent Cemex decision (which the Board will apply retroactively).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, August 29, 2023
EEOC busts a quartet of hospitality employers for pervasive sexual harassment
In a press release, the EEOC announced the filing of a series of sexual harassment lawsuits against Las Vegas hospitality employers.
[The l]awsuits … allege sexual harassment towards employees by owners, supervisors and management, co-workers, and/or customers. The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking, and other inappropriate behaviors.
These lawsuits are consistent with agency's enforcement priorities as outlined in its just-released Strategic Plan, which includes targeting education and enforcement effots to protect vulnerable communities.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Saturday, August 26, 2023
BREAKING NEWS: NLRB issues in the era of card-check union recognition and bargaining order remedies
In Cemex Construction Materials Pacific, the NLRB significantly altered the process for how a labor union becomes certified as the exclusive bargaining representative of a group of employees.
Cemex eliminates (1) secret-ballot representation elections upon the presentation of signed authorization cards; and (2) re-run elections in the face of election-campaign unfair labor practices.
In their place, Cemex: (1) requires an employer to recognize and bargain with a union upon its presentation of a majority of signed authorization cards unless the employer promptly (within two weeks absent unforeseen circumstances) files an RM petition seeking an election; and (2) authorizes the Board to issue a bargaining order instead of directing a second, re-run election if an employer seeking an RM election commits any unfair labor practice prior to election that would require the Board to set the election aside.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Friday, August 25, 2023
WIRTW #684: the “chocolate city” edition
This is Dante, our four-year-old vizsla. Last week, he thought it was a good idea to eat some cocoa powder. As a result, he spent an overnight in the emergency vet hospital; he seems no worse for wear.
Chocolate is toxic to dogs because it contains both theobromine and caffeine, which dogs cannot metabolize and which causes significant and dangerous digestive, neurologic, and cardiac effects. In fact, cocoa powder contains the highest concentration of these chemicals and is the most toxic to dogs. According to vet, the Dante likely ate 2.5 times the lethal limit.
In other words, it's a really good thing we took him in.
He did suffer a cardiac episode while admitted. The vet told us Dante had tachycardia (an abnormally increased heart rate), which they controlled via medicine. He's had no other issues since we brought him home.
We all learned a lesson. Dante (hopefully) learned not to eat cocoa powder. We learned that when you're cleaning out your cabinets as water pours out of your kitchen ceiling from a burst pipe, take the time to make sure the dangerous stuff remains out of reach.
This is me, exhaling a huge sigh of relief. 😮💨 😌
Here's what I read and heard this past week that you should read and hear, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Thursday, August 24, 2023
Determining the exempt status of a dual-purpose employee
Tony works at a local brewery as its assistant general manager. In that capacity, he interviews, hires, trains, coaches, disciplines, and fires lower-level employees; recommends employees for promotions; meets with lower-level managers to ensure they are meeting expectations; and reviews sales, hours, labor, and overtime reports. To meet the operational needs, however, Tony also picks up regular shifts in the taproom performing hourly, nonexempt work such as waiting tables and bartending. Despite his $75,000 annual salary, Tony estimates that he only spends approximately 20% of his working time performing his managerial duties, while he spends the balance of his time on non-exempt tasks.
Is Tony FLSA exempt or FLSA non-exempt?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, 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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.