Coronavirus Update 9-9-21: Don’t forget about overtime laws when paying employees pandemic-related bonuses

If you pass any restaurant these days you'll almost certainly see a sign like this one: 

"Now hiring: $________ sign-on bonus."

I've seen that blank filled in with numbers as high a $1,000 to work at a fast-food restaurant.

Employers are paying these bonuses because they continue to struggle to fill job vacancies in the tightest and toughest labor market I've ever witnessed.

If you find yourself in this position, do not forget about the wage and hour implications of these bonus payments, specifically their inclusion in the "regular rate" for purposes of calculating an employee's overtime premium.

Coronavirus Update 9-8-21: Ohio court reverses itself, orders that hospital does not have to administer ivermectin to its Covid patient

Last week I reported on a trial court case out of Butler County, Ohio, in which a common pleas judge granted the wife of a hospitalized Covid patient an order requiring the hospital to administer ivermectin (a livestock de-wormer approved for human use in small doses for the very limited purpose to treat certain parasites and skin conditions) to her husband at her (and her doctor's) request.

On Labor Day, a different judge of that same court reversed the prior ruling and denied a preliminary injunction to the wife. You can read Judge Oster's full order here.

The (loaded) question the court faced was as follows:

Should an injunction be granted to force a hospital to honor the prescription of a doctor that has not seen a patient and has no privileges at said hospital thus forcing the hospital to give ivermectin to a patient when the hospital's doctors, the FDA, CDC, and the AMA do not believe ivermectin should be a recommended way to treat COVID-19?

“Ted Lasso" and the difference between illegal harassment and legal (but still wrong) bullying

If you're watching Ted Lasso, you're familiar with the story of Nathan Shelley, kit man turned coach turned Wonder Kid. Season 2 tells a fascinating story about Nate that is still unfolding. His arc has transformed him from a bullied kit man to an abusive coach, and from a loveable underdog to an insufferable a-hole. Episode 7 ended with Nate cruelly unleashing a tirade of anger on his replacement as the team's kitman, Will.

There is little doubt that Nate's mistreatment of Will and others is both uncomfortable to watch and a portrait of horrendous management. But is it illegal?

The answer is no.

WIRTW #594: the “three fests and a wine bar” edition

If you're in Northeast Ohio, let me suggest four ways for you to spend your time over the next couple of weeks — all involving my daughter and live music.

Two of our best local arts festivals are happening next weekend, and Norah is playing both — the Waterloo Arts Fest on September 11 (where she'll be in the Sculpture Garden from 3:20 - 4 pm) and the Berea Arts Fest on September 12 (where she'll be on the Acoustic Stage from 3 - 4 pm).

In between, Norah is making her return engagement at my wife's and my home away from home, the Olde Wine Cellar in Olmsted Falls. She'll be playing out front from 6 - 9 pm. Stop by for a glass of wine (or two) or to enjoy the night's tasting, which is merlot themed. Reservations are strongly suggested for the tasting. Otherwise, just come on down.

Finally, on September 16, Norah will be back at Vermillion's 3rd Thursday, again set up on the steps of Granny Joe's Ice Creamatorium and playing music from 5:30 - 8 pm.

All shows are free to attend. For all of the information about Norah's music (she performs as norah marie), visit norahmariemusic.com.

Here's the 11 things I read this week that I think you should read, too:

The 12th nominee for the “Worst Employer of 2021” is … the Pregnancy Prognosticator

If I know one thing, and only one thing, as a man (okay, two things) it's these: NEVER joke about a woman's weight and never ask a woman if she's pregnant. The former will never end well. The latter may end with a lovely conversation about her impending bouncing bundle of joy and the perils of newfound parenthood. But it's also just as likely, if not more so, to end in tears and embarrassment.

An employer in the UK just learned these lessons the hard way, and earned my 12th nomination as the Worst Employer of 2021.

Shredding documents during litigation is a bad, bad idea (a “Worst Employer" nominee update)

Activision Blizzard was my 11th nominee for the Worst Employer of 2021. Among the alleged sins that earned its nomination — a key software developer named the hotel suite he'd use to groom female subordinates "The Cosby Suite."

The hits for this employer just keep on coming. The State of California's Department of Fair Employment and Housing, which is actively investigating Activision Blizzard for having a pervasive culture of harassment and abuse toward its female employees, now accuses the company of shredding documents relevant to the investigation.

Coronavirus Update 8-31-21: Despite FDA and CDC warnings to the contrary, Ohio court orders hospital to administer Ivermectin to Covid patient

Ivermectin is a high potency medication used to prevent or treat parasites in livestock. It's FDA-approved for limited use in humans, such as in specific doses for some parasitic worms, and there are topical (on the skin) formulations for head lice and certain skin conditions. It is not an anti-viral medication. 

Yet, the drug has grown in popularity among conservatives, fueled by endorsements from people like Senator Ron Johnson and Fox News personalities Laura Ingraham and Sean Hannity. It is not approved to treat COVID-19 infections, and both the FDA and CDC have issued strong warnings against its use for that purpose. Nevertheless, reports of poisoning related to the use of Ivermectin have increased threefold this year, spiking in July, and feed stores in states with low vaccines rates selling out of the drug.

Courts are now wading into the issue, but not how you'd expect. 

Coronavirus Update 8-30-21: Vaccine mandates and unemployment compensation

DO NOT QUIT YOUR JOB

As the mandates are increasing and the “deadlines” fast approach, YOU SHOULD NOT QUIT YOUR JOB. Do not be fooled if your boss says you must resign. Make your boss fire you and do not sign anything or agree to anything that says otherwise. Do not agree with “voluntary resignation.” If you are fired, you are eligible for unemployment. Anything else and you are not.

–americasfrontlinedoctors.org

This statement, variations of which are making the rounds on social media and elsewhere online, is very, very wrong (at least in Ohio).

An employee fired for declining a vaccine mandate (for a reason other than a bona fide medical or religious excuse) is not eligible for unemployment.

WIRTW #593 (the “18 and life” edition)

17 years and 363 days ago, I married the love of my life. In two days, we'll celebrate our 18th anniversary.

The number 18 is significant. In Hebrew, each letter has a numerical value. The number 10 is the letter Yod, and the number 8 is the letter Het. Het-Yod spells the word Chai (חי), which translates in English to "life." 

Chai is a perfect allegory for marriage. Life is not perfect, and neither is a marriage. Both have their ups and their downs. But, if you can find that someone with whom you not only enjoy the ups but can ride out the downs and come out the other side, you've done well. 

I've done very, very well. Happy 18 Colleen.

Here's what I read this week:

Coronavirus Update 8-26-21: Incentivizing Covid vaccinations through insurance-premium penalties for the unvaccinated

Delta Air Lines has decided to try a different approach to get as many of its employees vaccinated as possible. It's imposing a $200 charge for any unvaccinated employees on its health plan. Think of it as a smokers' penalty, but for the Covid vaccine.

NPR has the details:

Delta Air Lines will charge employees on the company health plan $200 a month if they fail to get vaccinated against COVID-19, a policy the airline's top executive says is necessary because the average hospital stay for the virus costs the airline $40,000.

Coronavirus Update 8-25-21: Inside the Five responds to John Mandel, and they are not happy

An update on Monday's post, about a Toledo-area brewery that got canceled over a tweet by Senate candidate John Mandel congratulating a sick employee for reporting to work. The restaurant is none too happy with ol' Joshy.

One of its owners made their position on sick employees very clear to Toledo's WTVG:

It is our policy for employees to inform all management before coming to work. As soon as we found out, we sent our employee home.

The correct response. Sick employees don't work, period, especially during a global pandemic of an airborne virus.

Coronavirus Update 8-24-21: FDA grants full approval to Pfizer Covid vaccine … but will it make any difference

Yesterday, the FDA granted full and final approval of the Pfizer-BioNTech Covid-19 vaccine.

Calling the agency's approval "a pivotal moment" in the battle against Covid, FDA Acting Commissioner Dr. Janet Woodcock said:

While this and other vaccines have met the FDA's rigorous scientific standards for emergency use authorization, as the first FDA approved Covid-19 vaccine, the public can be confident that this vaccine meets the FDA's gold standard for safety, effectiveness and manufacturing quality that we require for an approved product.

Coronavirus Update 8-23-21: I’ll have a side of Covid with my burger, please

PERRYSBURG, OH — @InsideTheFive is a cool brewery started by two NFL vets. Great food and spirited waitresses!

Even though Brianne was sick today, she came to work because she knew they were short servers.

These are the type of American workers that make our country strong. pic.twitter.com/o0VFkDkjuo

— Josh Mandel (@JoshMandelOhio) August 20, 2021

That is perennial political loser and 2022 Senatorial candidate Josh Mandel tweeting in support of a local restaurant. 

WIRTW #592 (the “welcome back” edition)

Covid has taken a lot from us. One of the things it robbed from this space is its weekly "What I'm Reading This Week" ("WIRTW") feature. For 591 pre-Covid Fridays, I published a list of the best workplace-related things I read on the Internet that past week.

Today (and hopefully for every Friday from this point forward), I am delighted to bring this feature back from its pandemic slumber.

Here is the 592nd edition of What I Read This Week. 

Coronavirus Update 8-19-2021: The (Un)Healthy American, along with other more reputable organizations, help Americans dodge vaccine mandates

Meet Peggy Hall. She runs a website called The Healthy American. 

What is The Healthy American? For starters, it's a website that NewsGuard ranks 22.5/100 (a failing grade no matter how you slice it), for, among other sins and errors, publishing false and irresponsible misinformation about the Covid vaccine. 

Coronavirus Update 8-18-2021: Back to school presents fresh challenges for working parents and employers

Today my kids go back to school. 10th grade for Norah and 7th grade for Donovan. I am so thankful that their school is requiring universal masking regardless of vaccination status. Not all students, however, are so lucky. Only 10 states currently require masks in schools, while eight states outright prohibit schools and school districts from mandating them. That means that 32 states leave this decision up to individuals school districts and parents.

This presents a major problem. Just look at these headlines from schools that are already back in session.

• Florida school district calls emergency meeting after 5,500+ students forced to quarantine over COVID-19 outbreak
• Virus outbreaks temporarily close 4 Texas school districts
• Second George County school closes due to COVID-19 outbreaks
• Ash Fork Schools Close Temporarily After COVID-19 Outbreak

And that's just the tip of the Covid outbreak iceberg. This will be an absolute crisis in a matter of weeks unless all schools and school districts mandate universal masking regardless of vaccination status and get as many vaccinated as possible. 

Coronavirus Update 8-17-2021: Are your work-from-home employees working more one job from home?

This headline in the Wall Street Journal caught my eye: These People Who Work From Home Have a Secret: They Have Two Jobs.

A small, dedicated group of white-collar workers, in industries from tech to banking to insurance, say they have found a way to double their pay: Work two full-time remote jobs, don’t tell anyone and, for the most part, don’t do too much work, either.

Alone in their home offices, they toggle between two laptops. 

Coronavirus Update 8-16-2021: With more businesses implementing vaccine mandates, more people turn to illegal fake vaccine cards

With more employers mandating vaccines for their employees, and businesses, cities, and schools doing the same for customers and other non-employee visitors, more people who resist the vaccine are turning to fake vaccine cards to remain employed or otherwise gain access.

As I wrote a few months ago, using a fake vaccine card is a federal crime. 18 U.S.C. sec. 1017 criminalizes the fraudulent or wrongful use of a government seal (in this case, that of the CDC). It is punishable by imprisonment of up to five years. 

The illegality, however, hasn't stopped people, and the market is growing.

What Would Ted Do? #WWTD

First, there was my Golden Rule of Employee Relations: Treat your employees as you would want to be treated (or as you would want your wife, kids, parents, etc., to be treated).

Next there was my Platinum Rule of Employee Relations: Treat your employees as they would want to be treated.

Finally came my Eight Word Meaning of Life and its Corollary: Be kind to others and do good things … and do all you do with [mucho mucho] joy.

Today, I'm going to sum all of this up in one tidy four-word question.

What would Ted do?

Coronavirus Update 8–12–2021: Justice Department confirms that ADA applies to Covid “long-haulers"

A few weeks ago I opined that the ADA likely covers Covid long-haul symptoms as protected disabilities that employers must accommodate.

In recently published policy guidance, the Department of Justice agrees.