I continue to shake my head at the callousness of employers during this pandemic. Consider this example from The Oregonian, which earns its spot as the 10th nominee for the Worst Employer of 2020. A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims.
When you get the call, you better be prepared. This maxim holds true in business, in the law, and in life in general.Our favorite local wine bar has been hosting outdoor, socially distant concerts since shortly after the State of Ohio allowed it to reopen. Last Friday, their booked artist canceled last minute, which led to a 4:00 pm phone call for Norah to fill in.
I had to quickly work through the stress of a 14-year-old who did not know if she could pull off a three-hour solo gig on 90 minutes' notice. I reminded her that she's spent the last six months writing originals and playing covers in her bedroom, in the backyard, and on Zoom for the Rockin' the Suburbs "Friday Night Hootenanny." Thus, she made her setlist, we packed her gear into the car, and off we went.
An employee suffers an injury that prevents her from operating a motor vehicle. With no means of transportation to travel to and from her workplace, the employee calls off work, believing that her absences were excused. They weren't, and the employer fires her for excessive absences.
When an employee tests positive, an employer has certain reporting obligations. These obligations fall into two categories—reporting to OSHA and reporting to your state or local health agency under state law.OSHA
While OSHA has remained largely silent on mandates for businesses related to COVID-19, it has published specific guidance on when an employer must record and report COVID cases at work.
According to Deadspin, NFL players are terrified of COVID, but are afraid to speak up for fear of angering the NFL."I looked at my son. I looked at my family, and I just didn't think it was worth it," Jaguars player Lerentee McCray, a seven-year veteran, told me this summer after opting out. "I could catch it and bring it home to them. Or I can get it and even if it doesn't kill me, it could destroy my career long-term. I feel really weird not playing football right now, but can't. I can't risk doing something so dangerous and maybe hurting the people I love."
In the end, most players decided the money was worth the risk. So, they play.
Yet there's been a definite shift in that attitude over the past few months and even weeks, several told me in various interviews, as the virus spreads through locker rooms. Most requested anonymity for fear of angering NFL owners and the league office.
If you and I are connected on LinkedIn (and if we're not, please correct that mistake immediately), you may have noticed that my headline describes me as a the "Master of Workplace Schadenfreude."
I'm often asked, "Jon, what the heck does that mean?" Today, I have the answer.
Please watch this short video and then let's talk.
Entitled anti-masker says "I am discriminated against every single day in my county now... sometimes multiple times a day." GOOD pic.twitter.com/WmCWlAaDqD
— Fifty Shades of Whey (@davenewworld_2) October 6, 2020
This woman claims discrimination because she refuses to wear a mask in public.
Monday night saw President Donald Trump dramatically return to the White House after his three-day stay at Walter Reed Medical Center for COVID-19. We saw Marine One land on the White House lawn, President Trump emerge and walk up the stairs to the White House, remove his mask for a photo op, enter his home with his mask still in his pocket, reemerge for a reshoot, and again enter the White House maskless.
Prada v. Trifecta Productions, filed a few weeks ago in federal court in Ann Arbor, Michigan, asks whether an employer can legally fire an employee with COVID-19 based on the perception that the employee's out-of-work activities placed the business at risk.The facts are fairly simple. Nicolas Prada, worked as a waiter and assistant manager at Tomukun Noodle Bar. On June 24, 2020, he began experiencing COVID-19 symptoms and stayed home from work. He tested positive three days later. After 14 days of isolation, Prada texted his employer about being medically cleared to return to work.
Ninety percent of the [White House] complex most certainly learned about it in the news, as has been the case ever since. There are reports that COVID is spreading like wildfire through the White House. There are hundreds and hundreds of people who work on-complex, some who have families with high-risk family members. Since this whole thing started, not one email has gone out to tell employees what to do or what's going on.
With the shocking news that Donald and Melenia Trump have tested positive for COVID-19 (along with Hope Hicks, one of Trump's top advisors and key inner-circle members), I thought it is a good time to review the CDC's rules for quarantine (how long you must stay away from others when you've been exposed to someone with Covid) and isolation (how you must stay away from others when you have Covid).
Did you watch the Presidential Debate Tuesday night? Do you think it showcased the best of America? If you do, I think you were tuned to the wrong channel. In fact, I'd argue that it was the low point of American presidential campaign history, if not all of Amerian presidential history.
Wage and hour compliance is complicated enough for employers. Layer a pandemic on top of wage and hour compliance, and you have an absolute nightmare for companies.Consider, for example, hazard pay.
The human resources manager for a New Hampshire company is suing her former employer after she sent an email about COVID-19 to employees and required two employees to stay home for one week after going on vacations to China and Malaysia. 
Tomorrow night, a mere 16 miles from my home, President Trump and Vice President Biden will step in front of the cameras to make their respective cases to America in the first of three debates. Eight years ago, some of my blogging friends and I got together to propose the debate questions we'd ask each of the candidates if we had the power to do so. Given the current state of our Republic and what's at stake when we vote, we thought it would be a good idea to revisit this collective idea and do it again. 
This year has been challenging for everyone. COVID-19 has forced everyone to be innovative with everything. Case in point, high school theater. Tonight and tomorrow Norah will make her theater debut in Lake Ridge Academy's performance of The Brothers Grimm Spectaculathon. Norah is playing multiple roles, including what I'm told is a hilarious Crab Person and Little Red (I believe it's red as in the color of her MAGA hat, and not red as in the color of her hood).
Let's talk about comorbidities. A comorbidity is the simultaneous presence of two chronic diseases or conditions in a patient. In the case of COVID-19, certain comorbidities are known to increase one's risk for a more severe illness.
Yesterday, the U.S. Department of Labor announced a proposed rule amending its regulations on how to determine whether a worker is an employee covered by the Fair Labor Standards Act or an independent contractor not covered by the FLSA. This proposed rule is significant because the FLSA lacks clear guidance on these important definitions, which has left employers struggling, scrambling, and risk-taking to properly classify workers for purposes of paying overtime and other wage/hour obligations.
The EEOC has sued an Arkansas Kroger after it fired two of its employees for allegedly objecting to its new dress code that required employees to wear an apron that contained rainbow-colored heart insignia. 