Tuesday, December 1, 2020

VOTE for the Worst Employer of 2020


It's officially election season for the Worst Employer of 2020

Since it is 2020, however, this can't be a normal Worst Employer election. This year we have two categories: Worst Employer, and Worst Employer COVID-19 Edition.

Monday, November 23, 2020

Coronavirus Update 11-23-2020: Thankful


2020 has certainly been a year like no other. People are sick and dying. Hospitals are filling up. Our essential workers are stressed and tired.

I'm tired, too. Part of what's making me tired is continuing to hear people complain about "2020" when we have so much for which to be thankful.

Here's my list of everything for which I have been and continue to be thankful during the pandemic.

Friday, November 20, 2020

Coronavirus Update 11-20-2020: The 12th nominee for the “worst employer of 2020” is … bad bettor


Do you remember that scene from The Deer Hunter where Christopher Walken plays Russian roulette in a betting parlor, while the patrons place bets on whether he'll live or die with every pull of the revolver's trigger? That's what I thought of as I read the allegations in Fernandez v. Tyson Foods, and not in a good way.

According to the lawsuit, while COVID-19 was running rampant through Tyson's Waterloo, Iowa, facility, the Plant Manager "organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19."

Thursday, November 19, 2020

Coronavirus Update 11-19-2020: Cuyahoga County issues four-week stay-at-home advisory


Yesterday afternoon, Cuyahoga County, Ohio's largest, issued a four-week stay-at-home advisory. It took effect immediately, and is in addition to the 21-day 10 pm – 5 am statewide curfew Governor DeWine implemented yesterday and which takes effect tonight. 

Let's examine why it was issued, what is says, and what it means for your business.

Wednesday, November 18, 2020

Coronavirus Update 11-18-2020: WFHH (work from home harassment)


For last night's dinner, I decided to use the leftover meatballs from the prior night's spaghetti dinner to make meatball subs. The only problem? No hoagie rolls, which led to the following conversation with my wife:
Me: I need to stop and get buns for dinner.

Her: Ooh, will you toast them?

Me: I'll toast your buns alright.

Her: That's sexual harassment!

Me: Take it up with HR.

Tuesday, November 17, 2020

Coronavirus Update 11-17-2020: Retaliation under the FFCRA is as illegal as is retaliation under any other employment statute


MaryJo Delaney is suing her former employer after it demoted her from her management position following her return from a Covid-related layoff, for which she had volunteered so that she could stay at home with her 9-year-old son whose school was closed.

Monday, November 16, 2020

The 11th nominee for the “worst employer of 2020” is … the horrific human traffickers


Today's nominee for the Worst Employer of 2020 is beyond description. NBC Bay Area provides the details:
A Gilroy couple has been charged with human trafficking after forcing a man to work 15-hour shifts seven days a week for no pay at their liquor store and then locking him inside the store overnight, the Santa Clara County District Attorney's Office said Monday.

Friday, November 13, 2020

Coronavirus Update 11-13-2020: Closing restaurants and bars is NOT the solution to fixing the spread of COVID-19


During his most recent scolding of Ohio's citizens, Governor DeWine threatened to close restaurants and bars if the state's Covid numbers don't quickly improve. He figures if people can't behave responsibly he'll close the places they are mass-congregating to slow the spread. 


His approach is wrong and dangerous.

Thursday, November 12, 2020

Coronavirus Update 11-12-2020: Breaking down the potential liabilities in Ohio’s new mask rules


During yesterday evening's statewide address, and amid dangerously rising COVID-19 infections and hospitalization, Governor Mike DeWine, announced the reissuing and restating of Ohio's mask mandate. The order now contains four specific rules for businesses to follow regarding mandatory masking.

  1. Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.

  2. Each business will be responsible for ensuring that customers and employees are wearing masks.

  3. A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers' compensation, will inspect to ensure compliance.

  4. First violations will receive a written warning, and a second will result in a 24-hour closure of the business.

Wednesday, November 11, 2020

Coronavirus Update 11-11-2020: Working in an office instead of working from home doubles the risk of contracting COVID-19


You are literally making Covid worse if you are refusing to permit employees to work from home.

According to a recently published CDC study, employees who work in an office setting are nearly twice as likely to contract COVID-19 than employees who work from home. 

Tuesday, November 10, 2020

Four Years


November third 2020
Sitting anxiously on my bedroom floor
I've got other things to worry about
Like how I did on my test today
But rather than worrying about my grades
I'm afraid my rights are gonna get taken away
That's the opening verse to Four Years, a song my 14-year-old daughter wrote on the afternoon of Election Day. She's really proud of it and I'm really proud of her; with her permission, I'm sharing it with you.


Elections profoundly impact people. They matter. This year's election hit harder and mattered more than any other in my lifetime. I've enjoyed watching that impact through the eyes of my two kids, who aren't yet old enough to vote or to have a meaningful voice in the process. I know one of mine is very much looking forward to four years from now when she can turn her voice into a vote for the first time.

Monday, November 9, 2020

Coronavirus Update 11-9-2020: COVID-19 and no-fault attendance policies


Can you "point" an employee under a no-fault attendance policy for a coronavirus-related absence? For example, an employee sick with COVID-19 or awaiting test results, quarantined because of an exposure, or at home because a child needs care?

For the uninitiated, no-fault attendance policies operate by having workers accumulate "points" for missing work, arriving late, or other attendance-related issues; after the accumulation of a pre-determined number of "points," employees face discipline or even termination.

During the ongoing COVID-19 pandemic, these policies are not only unnecessarily cruel, but they also might be illegal.

Friday, November 6, 2020

Coronavirus Update 11-6-2020: Accountability


The NFL has fined the Las Vegas Raiders $500,000 and stripped them of a 2021 draft pick for "brazen and repeated violations" of the league's COVID-19 protocols. The violations include repeated incidents of players and coaches not wearing masks and permitting players to attend a charity event maskless while mingling with the crowd. The fines and penalty came after repeated warnings (and prior fines) by the NFL.

If your business's COVID-19 rules are to have any meaning, you need to be prepared to stand behind them with discipline and even termination if necessary. These are important safety rules that are absolutely necessary to beat back this virus, especially as cases are spiking and we are hitting record numbers on a daily basis.

Thursday, November 5, 2020

Coronavirus Update 11-5-2020: OSHA levies $2 million in COVID-related citations and penalties


Are you tired of the endless din of vote counts and election news? Let's get back to the uplifting topic of the ongoing COVID-19 pandemic.

OSHA recently announced a spate of COVID-related citations totaling $2,025,431 in fines. 

Wednesday, November 4, 2020

If you care about the future of democracy, then we have to count every single vote


As I type at 6:30 am on the morning after, we still don't know who won the presidency. There are 9 states and 87 electoral votes undecided, and few of those states (Arizona, Wisconsin, Michigan, Georgia, and Pennsylvania) will ultimately determine the winner.

Yet, in the wee hours of the morning, Donald Trump took to a White House podium and stated his clear and unambiguous intent to go to the Supreme Court to stop the counting of outstanding votes, which he says is "a fraud on the American public." 


Monday, November 2, 2020

Music will get my through the next few days (I hope) — my survival playlist


There is no doubt that life is stressful right now. Between the exponentially and dangerously rising COVID-19 numbers (and the unwillingness of enough of us to take the basic health and safety measure to tame them and protect us all) and the election (which literally feels like the future of our nation is on the ballot) I'm bundle of nerves.

When I feel this way, I turn to music to calm me. So I thought I'd share my Desperate Times — Songs to Survive By playlist (ed. note: not everyone would consider all of these songs to be "calming," but my list my songs). Some are protest songs that feel particularly timely and some just flat out bring an optimistic smile to my face.


How are you planning to survive these stressful days with your sanity intact? Any songs you'd recommend I add to my playlist? Drop a comment below, @ or DM on Twitter, or leave a comment on LinkedIn here.

Friday, October 30, 2020

Coronavirus Update 10-30-2020: I’m tired


As we round the corner to month eight of "living with COVID-19," I thought now is a good time to ask everyone, "How are you doing?"

Me? I'm tired.

Thursday, October 29, 2020

Coronavirus Update 10-29-2020: The Dodgers might be World Series winners, but they’re COVID-19 losers


Tuesday night, the Los Angeles Dodgers won the World Series. In the 8th inning of their clinching game 6, the Dodgers pulled third baseman Justin Turner from the game. No one knew why at the time. It was only after the game that it was announced that the team pulled Turner because he had tested positive for COVID-19. 

Why then was Turned allowed to join his team on the field (maskless no less) to celebrate their victory?!

Wednesday, October 28, 2020

Coronavirus Update 10-28-2020: The 10th nominee for the “worst employer of 2020” is … the whistleblower whacker


SHRM, the Society for Human Resource Management, describes itself as "the foremost expert, convener, and thought leader on issues impacting today's evolving workplaces." Physician, heal thyself!

According to a recent lawsuit filed against SHRM (as reported by The New Yorker), SHRM may have a huge whistleblower retaliation problem on its hands.

Tuesday, October 27, 2020

Time to make sure your business has an Election Day plan. #vote


Election Day is in seven days. By all predictions, this election will see a record number of voters. As long as Election Day remains a working day, employees will show up to work late, leave work early, or take long lunches, just so that they can vote.

Please make sure your employees have sufficient time to do so. For starters, it's important that employees are able to exercise their voting rights. Secondly, at least here in Ohio, it's the law.