A former UCLA employee has sued the university, claiming that if fired him in retaliation for requesting to continue to work from home after its "work from home" order ended.
According to his complaint, the 23-year employee, who last worked as a mechanic in the physical sciences machine shop, suffers from disabilities that affect his arms and hands. The lawsuit alleges that his supervisor denied his request to continue working from home after Covid work from home orders ended, despite most other employees continuing to work remotely. After the university later laid him off, he sued.
Courts are generally in agreement on two things related to remote work as a reasonable accommodation: 1) regular, in-person work is an essential function of most jobs; and 2) remote work as a reasonable accommodation is a highly fact-specific inquiry.
During the recent Super Bowl halftime show, Usher took off his shirt and everyone oohed and aahed over his performance. Twenty years ago, Janet Jackson's breast was accidentally exposed during her halftime performance and the world stopped to nearly ruin her career over a wardrobe malfunction.
We need to have a serious conversation about sex-based stereotypes, double standards, and workplace dress code.
Here are 7 tips to draft a non-discriminatory, gender-neutral dress code for your workplace:
"Ageism is really one of the last acceptable 'isms' that society tolerates," says AARP senior advisor Heather Tinsley-Fix.
The numbers back her up. According to a recent AARP report, two-thirds of adults over 50 believe older workers face age discrimination in the workplace, and 90% of that group believe ageism is commonplace.
How do we best combat ageism and age discrimination in our workplaces? Here are 6 suggestions.
I believe that it's important to celebrate our victories, not just in our careers, but also in our personal lives.
Tomorrow night, my daughter will stand on stage at the Rock & Roll Hall of Fame in front of 1,000-plus people and play a 15-minute of set of original music and covers. It will be just Norah, her voice, and her guitar. This will be her sixth (and final) time playing the High School Rock Off. She participated for several years as a School of Rock exhibition. Then, in 2020, she entered in two separate bands and took one to the finals.
In total, Norah has played the Rock Hall's stage more than every other artist who is inducted in the Rock Hall combined. At the age of 17, she's a seasoned veteran of the local music scene.
Which is why I was surprised when, in the car on the way to school this morning, Norah told me that she's a little nervous about tomorrow night. "I've never played in front of that many people solo," she said.
No matter what happens tomorrow night, I'm so proud of her. It takes guts anytime you get on stage and perform. It takes a ton of guts to do it solo, without the support of loud rock band backing you, and even more so when you're sharing your inner-most thoughts through your own songs.
It doesn't matter what the judges say tomorrow night, Norah has already won.
(From The Chronicle-Telegram's Rock-Off preview)
If you're planning on attending the Rock Off and don't yet have your ticket, they are on sale here (code: norah). It's the best deal in town for a Saturday night — $20 ($15 for students) for performances by 10 bands plus a full admission to the Rock Hall.
If you can't make the event but want a taste of what you'll miss, last weekend Norah recorded a "tiny-desk style" session. Thanks to Jeff Koteles of Banzai Sound for offering his space and providing the audio mix, and to Digital FX Media for recording the video and supplying the finished product, which you can watch here.
Here's what I read this week that you should read, too.
A McDonald's franchisee has agreed to pay $4.35 million to settle claims brought by a 14-year-old worker raped by a manager.
According to the now settled lawsuit, the franchisee, Rice Enterprises, knew that its manager, Walter Garner, was sexually harassing child employees before Garner raped the plaintiff. Garner, already a registered sex offender during his employment, later pleaded guilty to criminal charges stemming from the rape and is now in prison.
It's a DEI heavyweight battle of epic proportions that played out of X over the past week.
In the blue corner, hailing from Big D, the owner of the Dallas Mavericks and serial entrepreneur Mark Cuban:
I've never hired anyone based exclusively on race, gender, religion. I only ever hire the person that will put my business in the best position to succeed. And yes, race and gender can be part of the equation. I view diversity as a competitive advantage.
And in the red corner, hailing from our nation's capital, EEOC Commissioner Andrea Lucas:
Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can't even be a "motivating factor" — nor a plus factor, tie-breaker, or tipping point.… This isn't an opinion; reasonable minds can't disagree on this point. It's the plain text of Title VII.
Live Nation and the Rock & Roll Hall of Fame announced that this year's Rock Off will be the final Rock Off, at least sponsored by Live Nation and held at the Rock Hall. Barry Gabel, the senior vice president of marketing and sponsorship sales at Live Nation and the Rock Off's creator and biggest champion, is pulling the plug after this year's event because of staffing issues. He told Cleveland Magazine, however, that there's hope that the Rock Off will continue in some form in 2025 and beyond.
We're getting tons of calls from so many different venues and people that don't want to see this end, and while I'm not really available to discuss if there can be something that will follow after this year — it most probably will not be with Live Nation — but who knows. There are just too many great venues around town and too many great local clubs and passionate music people that don't want to see the Rock Off end. So we'll see what happens.
“You’re not a real man.” “If I just say ‘she’, that’s what she is.”
Those are among the allegations that the EEOC made against T.C. Wheelers Bar & Pizzeria on behalf of Quinn Gambino, a transgender man the restaurant employed as a cook. Mr. Gambino complained to management about the harassment, but it continued unabated.
I've never before had a repeat Worst Employer nominee. But never before has there been an employer like Vince McMahon.
Two years ago, I nominated the former Chairman of the WWE for allegations that he paid $3 million in hush money to a terminated, down on her luck paralegal, Janel Grant, with whom he then had an affair. Now, however, the full nature of the paralegal's allegations has come to light, and their sheer depravity require that we re-nominate Vince to this year's list.
Grant claims that she was subjected to "acts of extreme cruelty and degradation" that caused her to "become numb to reality in order to survive the horrific encounters."
Did you know that in addition to being an employment lawyer and a craft-beer lawyer, I’m also a podcaster?
A couple of years ago my daughter and I started a podcast together. While episodes have become more sporadic lately, The Norah and Dad Show is still very much a thing.
We just dropped a brand-new episode — "Rock 'n' Roll High School" — in which we discuss Norah's upcoming gig on Feb. 10 at the 27th annual (and final) Tri-C High School Rock Off at the Rock and Roll Hall of Fame. (Tickets here; use code NORAH.)
We reminisce about Norah's past appearances at the event and lament the end of the Rock Off as an annual event. Norah also shares a story about buying a new guitar, which she'll be showcasing from the Rock Off stage.
“This is very basic, elementary communication. This has nothing to do with training or understanding, this is daily required functioning.”
That’s just part of an email that a law firm partner sent to a Black associate. In her recently-filed lawsuit, she alleges that the firm terminated her in retaliation for complaining to HR that she believed that email was racially motivated.
In response to her internal complaint, HR told her that its investigation revealed that while the email was “inappropriate,” it was not racist because the partner treated everyone the same way. Thus, he was not singling her out because of her race.
A teenage, female restaurant employee bends over to pick something up and a male co-worker snaps a photo of her buttocks and then shares it with his coworkers. She reports the misconduct conduct to her manager and noted “that it made her feel uncomfortable.” The company investigates, and even though it does not find the photo on the co-workers, it still fires him six days later for myriad issues with his employment.
The complaining employee then sues for sexual harassment, alleging that the taking and sharing of the photo constituted a hostile work environment. The court disagreed: “Johnson alleges two isolated incidents—Shawn took a picture of her buttocks and showed it to her coworkers. Although Shawn’s conduct was rude and boorish, his actions fall well short of conduct so severe as to alter or change the terms of her working conditions.”
I don't just go to beer conferences to drink beer. I promise. I also go to speak and share my knowledge about the legal issues that impact craft breweries.
This week, I've been at the Ohio Craft Brewers Conference in Toledo. Yes, I drank some beer. But I also spoke, not once, but twice.
Yesterday, I spoke on avoiding the top 10 legal mistakes made by craft breweries, and on current industry and legal trends impacting DEI.
It was a great conference with wonderful people and networking, a lot of learning and knowledge … and, yes, some beer. 🍻
A huge thank you to Mary MacDonald and the entire Ohio Craft Brewers Association team for a fantastic event. Let's do it again in Columbus next year!
Here's what I read this week that you should read, too.
"I have a co-worker who doesn't speak English at all so I've always communicated with her through google translate. A week ago, she asked me if I had gotten paid yet and told me that she hasn't seen a penny of her check despite working 50 hours a week since late November. I talked to my manager about it and my manager told me that she would send the check to her later. My co-worker texted me a few days ago and told me that she was fired for being an illegal immigrant and that she won't be paid because of it."
My daughter, Norah, has been chosen as one of 30 acts to compete in the 2024 Tri-C High School Rock Off at the Rock & Roll Hall of Fame.
Norah (who performs as norah marie) takes the Rock Hall stage on Feb. 10 as part of the second of three semifinal rounds. Four acts from each round will advance to the Final Exam on Mar. 2, where a panel of industry judges will crown the "Best Band in the Land."
This year's winner will be the last "Best Band in the Land," as Live Nation has announced that this year's High School Rock Off will be the final High School Rock Off. This news saddens me, as it's such a unique event for Cleveland and a great opportunity for the youngest members of our music community. Having attended the Rock Off for years, it's always a great time showcasing a ton of talent and great music.
The Tri-C High School Rock Off is one of biggest competitions in the country for high school rock musicians. We're so lucky to have held it for so many years. This year's prizes for the winning act include the opportunity to perform at the 2024 Rock and Roll Hall of Fame Induction Ceremony. It's a big deal.
Norah performs on Feb. 10. Tickets are digital-only and available for purchase via the Rock Hall website, here. At checkout, use the code NORAH. Each ticket includes a full Rock Hall admission during the event.
We'd love to see you there.
Here's what I read this week that you should read, too.
I've seen a lot of strange stuff in my 26-plus-year career as an attorney for employers. But this story takes the cake … and it might just run away with the title of the Worst Employer of 2024 when the votes are counted at year's end.
I present to you … the "Slave Contract."
An employee fired by software company Tradeshift recently filed a lawsuit alleging that the company's former CEO required her to sign a "Slave Contract" as a condition of her employment and then subjected her to years of sexual abuse, subjugation, and violence.
Between Sept. 2021 and Oct. 2022, Lyle Bigelow, the now-former COO of 1487 Brewery, embezzled approximately $200,000 from his employer. How? He created fake employees in the brewery's payroll system and directed their illegitimate paychecks to his personal bank accounts.
Bigelow was recently sentenced to 30 months in prison and ordered to pay more than $100,000 in restitution to the brewery (the amount not covered by its insurance).
Do you know how to spot an employee who is potentially stealing from your business? Here are 8 possible warning signs that suggest possible internal theft and/or an attempt to cover it up.
For the past 26 years, Live Nation Entertained has crowned "The Best Band in the Land" at the Tri-C High School Rock Off. This year is no exception. My daughter, Norah, will be competing on Feb. 10 at the Rock & Roll Hall of Fame in one of three semi-final rounds to determine who advances to the Final Exam on Mar. 2.
We've attended the event for years, first when Norah performed in an exhibition as part of the School of Rock Jr. Headliners, and then four years ago when her former band advanced to the Final Exam. This year, Norah will be performing as a solo artist.
It's always an amazing night of live music. Additionally, your ticket (which I think will only cost $10) comes with a full Rock Hall admission for the night at a significant discount from its normal $35 price tag. That's what I call a win-win.
Tickets are not yet available, but I'll be sharing the link when they go on sale.
Here's what I read this week that you should read, too.
Competitive salary. Excellent benefits. Great support from management. Collaborative environment. Those are a few of the glowing terms reviewers use to describe Costco on Glassdoor. They are also what help the warehouse club earn a regular spot on Glassdoor's "Top 100 Places to Work" annual report.
Why, then, did a group of Costco workers at one of its stores "overwhelmingly" vote to unionize, making it the Teamsters' first organizing victory at the big-box wholesale retailer in more than 20 years?
Consider the following two policies, which restaurants and bars have implemented to save a few nickels against their tight margins:
“Effective Jan. 1, we will begin implementing a tip refund for credit card processing fees for all gratuities left on a customer’s credit card; 2.5% will be deducted from your final check-out for each such gratuity paid.”
-and-
“The full value of the check from which a patron flees the facility (‘dines and dashes’) will be deducted from the server’s paycheck.”
Each of these policies is 100% legal under federal wage and hour laws. (Check your state laws, however, which may differ.)
In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2023.
To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone on January 2, 2024, with new content, including a fresh batch of Worst Employer nominees, to kick off the new year.
Last week, Corky & Lenny's, a deli that has been a local institution for the past 67 years, closed its doors. The owners cited staffing shortages and burnout as the primary causes.
Just three days later, one of its former employees filed a collective action lawsuit under the Fair Labor Standards Act for unpaid wages against the business and its owners. The named plaintiff, who worked as a server at the restaurant, claims that the business automatically deducted 30 minutes per shift for lunch for all non-exempt employees regardless of whether they took their lunch breaks or worked through them. She further claims that the business no longer had any method for employees to report days on which they did not take a lunch break, and otherwise ignored complaints of unpaid wages.
Morgan Mesi, a transgender man, has just sued his former employer, Tenzing Wine & Spirits, along with his labor union and group health plan, claiming that they discriminated against him because of his sex by denying medical insurance coverage for gender-affirming care.
To me, Bostock v. Clayton Cty. clearly resolves this issue. In Bostock, SCOTUS held that Title VII's prohibition of sex discrimination also prohibits discrimination because of an employee's sexual orientation or gender identity. Indeed, Bostock could not have been clearer regarding the treatment of transgender employees: "[a]n individual's … transgender status is not relevant to employment decisions."
One of my primary business development goals for 2023 was for Wickens Herzer Panza to join a law firm network.
Mission accomplished!
WHP is the new Ohio member firm for Mackrell International. MI is a strongly connected, vetted, and trusted network of more than 4,500 lawyers across 90+ independent law firms and 170+ offices worldwide. Instantly, WHP transforms from a stalwart mid-size local firm to an international conglomerate with access to thousands of trusted lawyers across the country and around the globe.
We at WHP couldn't be more excited for what this new relationship means to us and our clients. Becoming part of the MI family and expanding our platform outside of our state to a national and international scale significantly adds to our capabilities and our ability to service our clients.
Here's what I read this week that you should read, too.
An employer terminates a group of 14 employees within six weeks after learning that they were discussing unionizing.
Despite the timing of the mass termination of these employees, the 8th Circuit — in Strategic Technology Institute v. NLRB — reversed and concluded that anti-union animus did not motivate the terminations.
It's not every day that John Oliver happens to feature one of your Worst Employer nominees the very same week that you open the polls to vote for said Worst Employer.
Congresswoman Elise Stefanik: Ms. Magill at Penn, does calling for the genocide of Jews violate Penn's rules or code of conduct? Yes or no?
UPenn President Liz Magill: If the speech turns into conduct, it can be harassment. Yes.
Stefanik: I am asking, specifically calling for the genocide of Jews, does that constitute bullying or harassment?
Magill: If it is directed, and severe, pervasive, it is harassment.
Stefanik: So the answer is yes.
Magill: It is a context dependent decision, Congresswoman.
Stefanik: It's a context dependent decision. That's your testimony today, calling for the genocide of Jews is depending upon the context, that is not bullying or harassment. This is the easiest question to answer. Yes, Ms. Magill. So is your testimony that you will not answer yes? Yes or no?
Magill: If the speech becomes conduct. It can be harassment, yes.
Stefanik: Conduct meaning committing the act of genocide. The speech is not harassment. This is unacceptable. Ms. Magill, I'm gonna give you one more opportunity for the world to see your answer. Does calling for the genocide of Jews violate Penn's Code of Conduct when it comes to bullying and harassment? Yes or no?
There is no such thing as "reverse" discrimination. Discrimination is discrimination, whether the victim is, for example, Black or white, female or male, gay or straight. When the employee claiming discrimination is in the majority, however, in the 6th Circuit they must not only show disparate treatment, but also must show "background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority."
Which brings us to the story of Marlean Ames, a straight woman who sued the Ohio Department of Youth Services for sex discrimination under Title VII claiming that her lesbian supervisor discriminated against her because of her sexual orientation. Ames claimed that OHYS passed her over for a promotion, demoted her, and promoted a gay man to her former position.
It's the most wonderful time of the year. I've made my list. I've checked it twice. Now it's time to find out who's naughtiest and not very nice. It's voting time for The Worst Employer of 2023.
I've culled my list of 10 nominees down to the worst 7 as finalists.
According to Above the Law, however, one Biglaw firm recently reminded its employees that they need to check their daily emails while out on leave.
There is ample time in the day for everyone on leave to monitor their emails daily and to forward any emails requiring attention to the appropriate members of the litigation team. If you are someone who has not been monitoring your emails daily, please do so as soon as possible. If, for any reason, you are unable to perform this minimal task on a regular basis, please advise.
This is not just a terrible employee relations practice, it's also potentially illegal.
Younger Jon would have never believed that Older Jon has two children in private school. I'm a proud survivor of the School District of Philadelphia, which provided me a high-quality education that positioned me well for college and career.
And yet, here I am with two children attending a K-12 independent private school. It's the best possible choice I could have made for either of them. Here's one example as to why.
My daughter, Norah, plans to major in early childhood education in college in preparation for a career as an elementary school teacher. Last year, she mentored in the Lower School by helping out in the 2nd and 3rd grade classrooms during her free periods. This year, however, a modernization of the school's daily schedule eliminated that opportunity.
Instead of giving up something she loves (working with the younger children), she pitched to the Upper School administration the idea of an independent study for the first semester of her senior year. The school wholeheartedly agreed.
For the past three-plus months, Norah independently researched early childhood education and development (specifically, the impact of tone of voice in the classroom), compiled that research into a paper, and designed and taught a lesson plan for the third grade.
Earlier this week, Norah presented her independent study to the Lower School faculty. Watching her professionally and confidently present her research and classroom experience was one of my best parental moments. It's a testament to her and the education she has received for the past 13 years at Lake Ridge Academy.
Norah is going to make a wonderful elementary school teacher, and I couldn't be prouder.
Here's what I read this week that you should read, too.
An employee works as a speech-language pathologist in a large, metropolitan school district, traveling between two elementary schools and a high school. After giving birth, she requests a private space for lactation within each assigned school. The school district agrees, but the private space it provides to her in the high school was on a different floor than her work area.
Is this legal? Did this employer meet is legal obligations regarding the provision of a "private lactation space?"
Elimelech Shmi Hebrew is a devout follower of the Hebrew Nation, a religion that requires its followers to keep their hair and beard long — a vow he has kept for over two decades.
The Department of Criminal Justice has a grooming policy that prohibits male officers without medical skin conditions from having beards and in any case from having long hair.
Hebrew applies for a job as a corrections officer with DCJ. What wins out — Hebrew's religion or DCJ's grooming policy?
The tragic breaking point for major brewery closures is no longer "coming soon." It's a macabre event that has been framed as something perpetually on the horizon for years, but there's no use in denying it anymore–the great die-off is here. It's now. The culling of the herd is underway in 2023, and simply making great beer is no guarantee of survival.
I wholeheartedly disagree. I do not believe that craft beer is facing an "apocalypse."
I do believe, however, that a combination of the lingering impact of Covid (staffing shortages, rising inflation, and higher interest rates) plus changing consumer tastes means that craft beer's salad days are over.
Next week we celebrate Thanksgiving, my favorite holiday of the year. There will be turkey, stuffing, wine, and as many pies as there will be people at our feast (which, for the record, is 32 at last count).
None of that, however, tells the story of why Thanksgiving is my favorite holiday. That reason is family. It's the one time of the year when my entire Ohio family is guaranteed to be together in one place at one time. Laughs and good times are guaranteed.
Some years are more challenging than others. This year brought us struggles, loss, and a house flood. It’s important that Thanksgiving comes when it does — close to year’s end, but before we get lost in the hustle and bustle of the holiday season. It’s a day to pause and reflect upon all for which we are thankful.
And I’m thankful for a lot, which starts and ends with my family (2-legged and 4-legged). At the end of the day, that’s all that matters.
Everyone have wonderful Thanksgiving.
Here's what I read this week that you should read, too.
A technician claims her employer owes her pay for time spent traveling to the office to pick up materials on the way to the airport for a flight to visit a customer. According to the employee, the employer only begins paying at the departure time of the scheduled flight.
Is this employee correct? Must an employer pay for that travel time? Is she owed wages for time spent commuting to the airport (including the time spent traveling to the office to pick up the samples)? Or does the law permit the employer to start the pay clock when she boards the flight?
Two of the most famous bands in the history of heavy metal are each facing lawsuits from former tour workers.
The family of a Kiss guitar tech, who died while quarantining in 2021 after contracting Covid while on tour with the band, is suing the band for wrongful death. According to a prior investigation by Rolling Stone, Kiss allegedly maintained lax Covid protocols on the tour in question — including a lack of testing and lots of crew members falling ill — that contributed to the roadie's death.
Meanwhile, an ex-tour photographer is suing Guns N' Roses for copyright infringement and sexual harassment. She claims that the band claimed ownership over numerous of her photos and used them in print and digital media, ad campaigns, and other outlets. She also alleges that the band's manager made "numerous unwelcome sexual advances" toward her and "committed consistent pervasive sexual harassment" in a "workplace environment that was completely devoid of any sexual harassment policy, sexual harassment handbook, sexual harassment training, and human resource department."
🟩 LEGAL: Disciplining or firing a non-exempt employee who works unauthorized overtime.
🟥 ILLEGAL: Failing to pay a non-exempt employee for all hours worked, whether authorized or unauthorized.
🟩 LEGAL: Altering a non-exempt employee's time sheet so that it accurately reflects the actual number of hours worked.
🟥 ILLEGAL: Altering a non-exempt employee's time sheet to reflect a flat 40 hours per work week, no matter how many hours the employee actually worked.
A lawsuit recently filed against Liberty University will test each of these legal principles.
Earlier this week, I used the song "Pass the Kutchie" to illustrate Ohio's new recreational marijuana law. Some commenters were quick to point out that the song is called "Pass the Dutchie," not "Pass the Kutchie." Except it's not. "Pass the Kutchie" is a 1981 Jamaican reggae song by the Mighty Diamonds about Rastafarian cannabis pipes. One year later, Musical Youth covered that song and made it famous. Because they were all children, however, they replaced the song’s drug slang with “dutchie,” a food reference.
Coincidentally, this week the AV Club published lists of the 25 best and 25 worst cover songs of all time. All of this got me thinking about my favorite cover songs. Here are my top 5:
The White Stripes "Jolene"
Sinead O’Connor — "Nothing Compares 2 U"
Johnny Cash — "Hurt"
Janis Joplin — "Me and Bobby McGee"
Talking Heads — "Take Me to the River"
What about your favorite covers? Head over to LinkedIn and drop a comment to let me know.
Here's what I read this week that you should read, too.
By a margin of 57% to 43%, voters legalized recreational marijuana. As a result, recreational cannabis will become legal in the Buckeye State on December 7, 2023.
Employers have lots of questions about how to handle this change. Here are answers to the top 5 questions I anticipate receiving over the coming days, weeks, and months.
Major League Baseball. NASCAR. Starbucks. McDonald’s. Morgan Stanley, American, United and Southwest Airlines. America First Legal, a conservative group led by Stephen Miller, has targeted each of these for their “illegal” practices of hiring non-Whites and females.
In its most recent letter to the EEOC, urging it to investigate American Airlines, AFL cited the following as evidence of “unlawful employment practices” —
Your customers are not your bank. It’s not their job to bail you out from poor business decisions.
I’ve been thinking a lot about this idea as I’ve been following the recent news from R. Shea Brewing.
Here’s the Cliffs Notes version of what’s happened.
From 2015 - 2019, R. Shea was a small local brewery. In 2019, it opened a much larger, 60,000 square-foot second location, which enabled it to significantly expand its production and operations. That expansion, however, also included a vast expansion of its debt, to the tune of a $2 million SBA loan. A combination of the lingering impacts of Covid, rising wages and production costs, and skyrocketing interest rates have created a situation in which R. Shea in now unable to service that debt.
As a result, it just launched a GoFundMe campaign to raise … wait for it … $2.3 million. Thus far, it’s raised approximately $17,000.
I have a bone to pick with one of my neighbors. When my kids returned home on Tuesday night and opened their trick-or-treat bags, they found this DVD.
Your religion is your religion. I don't tell you how to practice yours, and in return I expect you not to tell me or my children how to practice ours. I don't need to tell you how awful the world is right now about religion. The last thing we need is neighbors proselytizing neighbors. Halloween isn't difficult. Kids ring doorbell. Door opens. Candy goes into bag, bucket, or other candy-carrying vessel. Let's keep it that way.
Here's what I read (and heard) this week that you should read, too.
Andrea Rossbach, a registered nurse working at Montefiore Medical Center, claimed that her supervisor, Norman Morales, sexually harassed her. In support of her claim, she relied on a series of sexually harassing text messages Morales allegedly sent her, including messages in which he called her "hot," asked her to send him a photo of a G-string he gifted her.
Rossbach's claim, however, had one huge problem — the 2nd Circuit Court of Appeals concluded that those text messages did not exist. She created them after the fact to use as evidence in her claim.
At her deposition, Rossbach testified that she could not produce screen shots of the text messages because she had initially received them on an old iPhone with a badly cracked screen, and that instead she had to take a photo of the texts with a newer iPhone X, which she had also later disposed of.
According to the White House, "The Executive Order establishes new standards for AI safety and security, protects Americans' privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more."
If at first (or second, or third…) you don't succeed, try, try again. That certainly seems to be the NLRB's mantra as it relates to its joint employment rule.
Joint employment is when one employer is responsible for the legal sins of another because of a commonality of employees. Under the standard newly announced by the NLRB, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees' following terms and conditions of employment:
If you've been following along these past few weeks with the trials of the Lake Ridge Academy soccer team, I have some sad news to share. Earlier this week they fell 2-0 in the district semifinals to a quality opponent, ending their season. It was a hard-fought match, scoreless for 65 minutes. There were lots of tears in my car after the game. The team set a goal, of which they fell a couple of games short. That said, it was the best soccer season this team has had in 15 years.
Donovan had an amazing experience. He fully embraced being one of the "soccer boys," and is already thinking about his sophomore season. "220 days until practice starts," he told me the next morning. He's says he's going to start training ASAP with a personal goal of improving and gaining more playing time next year.
As for me, I've never been a sports parent before. I've always been a music parent (which y'all know I love). I'm happy to report that being a sports parent is pretty damn great. I loved everything about this team and this season. The wins and losses were the least import part. More importantly, I loved watching Donovan embrace being part of a team and the team embracing him as one of their own. Like D-man, I'm already ready for the 2024-25 season.
Go Royals!
Here's what I read this week that you should read, too.
Is it legal under the ADA to mandate that an employee accused of sexual harassment use the company's employee assistance program? That's the question being asked in a lawsuit the EEOC just filed against Weis Markets.
Do politics and work mix? That is the question being asked at Copper Blue Restaurant.
A half-dozen employees recently quit in protest after the owner posted a "Vote NO on Issue 1" sign in front of the restaurant. The resulting staffing shortage forced its temporary closure.
Issue 1 is a Nov. 7 ballot initiative that seeks to amend the Ohio's Constitution to grant women the right to an abortion.
It's one thing to settle an unpaid overtime claim; it's another entirely to shake down your employees to repay the settlement funds to you.
That's exactly what the Department of Labor claimed Sparklean Laundry and Piper did.
Following a DOL investigation, Sparklean agreed to pay unpaid overtime back wages to its employees. Shortly thereafter, it began demanding kickbacks from its employees to compensate for the overtime settlement, submitted false receipts to showing that it paid the recovered wages, and threatened workers for exercising their rights under the Fair Labor Standards Act.
As a result, the DOL went to court and obtained a $281,870 judgment, which included $87,735 in back wages, $94,135 in liquidated damages, and an additional $100,000 in punitive damages.
Last week, the employees of Creature Comforts Brewing Co. voted by a margin of 32-21 to reject the Brewing Union of Georgia as their bargaining representative and for their workplace to remain union-free. The National Labor Relations Board conducted and supervised the secret-ballot election, and the result presumes to reflect the choice of Creature Comforts' employees.
Except maybe that secret-ballot election is not the choice of Creature Comforts' employees?
I fully expect BUG to file a petition with the NLRB seeking a Cemex bargaining order. What is a Cemex bargaining order, you ask?
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