Friday, March 24, 2017
WIRTW #454 (the “Oxford comma, the results” edition)
Damn, does the Oxford comma have some traction. I can’t recall the last time a case as mundane as O’Connor v. Oakhurt Dairy lit up the internet. But it did. And I got curious—just how do people feel about the l’il ol’ Oxford comma. So I asked. And you responded, by the hundreds. You spoke loud and clear. You don’t just like the Oxford comma, you love it.
There you have it. By a margin of more than nine to one, the Oxford comma wins. As for the other eight percent, please step into the 21st century and start dropping in that comma before the “and” in your serial lists.
Here’s what I read this week:
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Thursday, March 23, 2017
The 8th nominee for the “worst employer of 2017” is … the cancerous boss
“Jon, you write a management-side blog. Why are you running a contest to find the worst employer of 2017?”
Because of employers like this one (via Courthouse News):
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Wednesday, March 22, 2017
SCOTUS takes largely meaningless swipe at Obama’s NLRB legacy
Lafe Solomon |
Yesterday, however, in NLRB v. SW General, Inc. [pdf], the Supreme Court held that Mr. Solomon’s tenure from January 5, 2011, through October 29, 2013, was unlawful, as it violated the Federal Vacancies Reform Act of 1998 (FVRA).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 21, 2017
EEOC offers sage advice on following checklists for harassment compliance
Last June, the EEOC issued a comprehensive, bi-partisan report on harassment in the workplace. The report’s stated purpose was to “reboot workplace harassment prevention efforts” by focusing on efforts employers can take “in designing effective anti-harassment policies; developing training curricula; implementing complaint, reporting, and investigation procedures; creating an organizational culture in which harassment is not tolerated; ensuring employees are held accountable; and assessing and responding to workplace “risk factors” for harassment.”
One such tool the EEOC provided was a series of four checklist for employers to use to create an effective harassment prevention program.
- Leadership and accountability.
- Anti-harassment policies.
- Harassment reporting systems and investigations.
- Compliance training.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 20, 2017
Swapping DNA for lower insurance costs is one wellness step too far
It is no secret that health care costs for employers and their employees are out of control. Many employers have attempted to hold down these rising costs by offering wellness-program incentives. The EEOC has signed off on these programs as legal as long as employee participation remains voluntary, which the agency defines as financial incentives for employee participation at or below 30 percent of the cost of coverage. Thus, employees have a choice—participate in the wellness program, or pay a surcharge of up to 30 percent.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 17, 2017
WIRTW #453 (the “Oxford comma” edition)
Who knew that the l’il ol’ Oxford comma was so controversial? I would have never dreamed that yesterday’s post on the importance of its omission in a wage/statute would generate so much feedback, or that people feel so passionately about its use or non-use. In fact, it was my most shared and talked about post since my takedown of Trump’s first immigration ban.
To gauge exactly how you feel about the Oxford comma, I’ve designed a quick, one-question survey. Take a moment, and click “yes” or “no” on whether one should use the Oxford comma when writing.
I’ll publish the results in the coming weeks.
Here’s what I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 16, 2017
For want of an Oxford comma
Vampire Weekend once asked, “Who gives a f__k about an Oxford comma?” The answer, apparently, is the 1st Circuit Court of Appeals, a whole lot.
In O’Connor v. Oakhurt Dairy [pdf], that court reversed the dismissal of an overtime lawsuit based on the absence of a Oxford comma in a list of activities that qualify for a certain exemption under Maine’s wage-and-hour law.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 15, 2017
The 11th Circuit’s odd LGBT-discrimination decision
Late last week, the 11th Circuit Court of Appeals, in Evans v. Georgia Regional Hosp. [pdf], held that Title VII does not protect sexual-orientation discrimination per se, and that to sufficiently plead such a cause of action under Title VII, one must allege facts sufficient to establish that the employer discriminated based on non-conformity with sex-based stereotypes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 14, 2017
Inclement weather policies should prioritize safety over productivity
Snow day! Norah went to bed with PJs on backwards last night (and received her wish; now please use your time wisely to work on homework). Donovan is going to be pissed because tonight’s Mathmagic night at school (which he was really looking forward to) will be cancelled. And me? I’m enjoying some flexibility by working from the comfort of my kitchen island. If the storm forecast holds as predicted, however, I'll be giving myself lots of extra travel time tomorrow morning for a court appearance. #lawyerlife
What about your business?
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Monday, March 13, 2017
The 7th nominee for the “worst employer of 2017” is … the “trump”ed up termination
Last Friday, Attorney General Jeff Sessions asked for the resignation of 46 U.S. attorneys. Those that refused have been fired.
The fact that the current administration is cleaning its Justice Department house by turning over personnel appointed by the prior administration is not notable. Washington bureaucracy is run by the party-in-charge, and right now that means that President Trump is calling the shots on whom he employs and doesn’t employ. For example, Attorney General Janet Reno took similar steps in the early days of President Clinton’s administration.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 10, 2017
WIRTW #452 (the “coffee house” edition)
Do you like acoustic guitar, Green Day, and a 10-year-old girl that is way too cool to be my daughter combining the two? If so, then this video, recorded last week at my kids’ school, is for you.
Here’s what I read this week:
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Thursday, March 9, 2017
The 6th nominee for the “worst employer of 2017” is … the double-booked recordkeeper
Yesterday’s nominee for the Worst Employer of 2017 may not end up as the last employer standing when I tally the votes at year’s end (at least according to some of the comments and tweets I received). Today’s nominee, however, should receive more universal support (or disgust, as the case may be).
How many sets of time and pay records should you keep on your employees? For your sake, I hope your answer is not any number greater than “one”.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 8, 2017
The 5th nominee for the “worst employer of 2017” is … the no-pets-for-vets policy
So far, so bad. But it gets worse. From the EEOC:
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Tuesday, March 7, 2017
SCOTUS reverses decision to review transgender bathroom case
Yesterday, the Supreme Court reversed an earlier decision that would have heard the appeal of a 4th Circuit opinion granting a transgender boy the right to use the bathroom of his identified gender.
The decision comes on the heels of the Trump administration’s policy change [pdf], which revoked the Obama administration’s guidance that protected the bathroom rights of transgender students in public schools.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 6, 2017
Lessons from a ransomware attack
CNN reports that a ransomware attack has locked the computer network of the Pennsylvania Democratic Caucus. This is what we call a teachable moment.
What is ransomware? Ransomware is malicious software that locks one's computer or network until a sum a money is paid, at which point the cybercriminal provide a code to unlock the system. If the ransom is not paid with a set timeframe, they will wipe the data. And, any organization that relies on access to data, and cannot afford to lose access to that data at any time, is the prime target of a ransomware attack. Does that sound like your business?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 3, 2017
WIRTW #451 (the “Graveyard Whistling” edition)
Thank god we got these guitars.In this devil of world.Turn it up make a little noise.
– Old 97’s, “Irish Whiskey Pretty Girls”
So declare the Old 97’s on one of the more raucous tracks on their latest album, Graveyard Whistling, the band’s 11th studio effort. I’ve been turning it up and making noise since its release one week ago.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 2, 2017
President Trump utters the phrase “paid family leave,” but what does it mean?
My administration wants to work with members in both parties to make childcare accessible and affordable, to help ensure new parents have paid family leave.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 1, 2017
U.S. Chamber calls for common sense restoration of the NLRB … and I couldn’t agree more
To say that I have not felt overly optimistic about our nation’s course over next four years would be a bit of an understatement. One area, however, about which I am very optimistic is the expected retooling of the National Labor Relations Board.
This week, the U.S. Chamber of Commerce’s Workforce Freedom Initiative published a comprehensive report outlining the areas of federal labor law that the NLRB must address to restore balance to the workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 28, 2017
Can a hug create a hostile work environment? According to this court, yes.
Edward Prieto, the sheriff of Yolo County, California, likes to hug his co-workers … a lot. According to Victoria Zetwick, a county correctional office and the plaintiff in Zetwick v. County of Yolo (9th Cir. 2/23/17) [pdf], during the 12 years they worked together, Prieto hugged her hundreds of times. Zetwick also claimed that during that same time frame, Prieto hugged several dozen other female employees, but never male employees. Others, however, testified that Prieto also hugged me, just not as frequently as women. Zetwick alleged that a result she found it difficult to concentrate, and that she was constantly stressed and anxious about Prieto’s touching, which she believed had sexual overtones.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 27, 2017
I birthed a rock star
The important thing is that THE WORLD NEEDS MUSIC. And there will always be folks (like your sweet daughter) who will make that music!Saturday night, my sweet daughter made that music, and then some.
Norah (age 10) |
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