If your company just agreed to pay $2 million to settle a lawsuit alleging horrific workplace sexual abuse and other sexual harassment, maybe it's not the best idea to trash the plaintiff on social media.
Wednesday, March 27, 2024
If your company just agreed to pay $2 million to settle a horrific sexual harassment lawsuit, maybe don’t trash the plaintiff on social media
If your company just agreed to pay $2 million to settle a lawsuit alleging horrific workplace sexual abuse and other sexual harassment, maybe it's not the best idea to trash the plaintiff on social media.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 22, 2024
WIRTW #711: the ‘podcast’ edition
"Jon, tell us about your law firm and your legal practice."
I recently sat down with host Ed Skimin to discuss that and more. We talked about Wickens Herzer Panza's comprehensive legal services for small to mid-sized businesses, our global reach through Mackrell International, the scary implications of artificial intelligence, and the unique challenges of representing craft breweries.
Listen via Apple Podcasts, Spotify, Google Podcasts, Amazon Music, on the web, or wherever else you get your podcasts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 21, 2024
Cheers to the CHEERS Act! 🍻
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 20, 2024
The 4th nominee for the Worst Employer of 2024 is … the repulsive raisin-maker
National Raisin has agreed to pay $2 million to settle an EEOC sexual harassment and retaliation lawsuit that the agency filed on behalf of a class of female agricultural workers, many of whom only speak Spanish.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 19, 2024
Does DEI training create a hostile work environment?
"You can't force me to sit through DEI training! I'm White. It creates a racially hostile work environment."
That's what one employee recently argued in a racial harassment lawsuit he filed against his employer, a state department of corrections, which had mandated DEI training for all employees.
The 10th Circuit Court of Appeals affirmed the dismissal of this lawsuit, concluding that this training could not constitute a hostile work environment because it only occurred one and lacked any race-based ridicule or insults.
But all is not roses for employers and their efforts to offer DEI training to better their workplaces.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 18, 2024
It’s past time to self-regulate your use of noncompete agreements before the government does it for you
Boston Beer Co., the brewer of Sam Adams and other craft beverages, is taking heat for its overuse of noncompete agreements. In a recent article, the Boston Globe cites examples of several former lower-level Boston Beer employees forced out of the industry they love because of the noncompete agreements their former employer forced them to sign at their time of hire.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 15, 2024
WIRTW #710: the “if it ain’t broke…” edition
If you have a child applying for college this year, you know the pain that we are currently feeling. This year, Congress decided to change the process to apply for federal financial aid. The changes to the FAFSA ("Free Application for Federal Student Aid") were supposed to make applying for financial aid easier. Instead, it has caused delays, uncertainty, and stress.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 14, 2024
It’s long past time to Ctrl-Alt-Del the FLSA
The Fair Labor Standard Act is not a good law because employers have zero hope in complying with it.
I know this fact is true because I just read Bradford v. Team Pizza. In that case, the 6th Circuit rejected both the employer's and the plaintiffs' interpretation of the FLSA and punted the case back to the district court to interpret the statute instead.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 12, 2024
Spoliation is BAD
Pro tip: it's really, REALLY bad to destroy evidence in your case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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President Biden’s proposed 2025 federal budget offers a lot for employers to chew on
If you want to learn about a government's priorities, trace the money.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 8, 2024
WIRTW #709: the “opener” edition
My home, and this Friday space, have been consumed by music for the past few weeks. The 27th and final Tri-C High School Rock Off has come to a close. Norah played a killer set of 2 originals — Potential Spam (which Cleveland.com reporter Malcolm X Abram called "a cool near-shoegaze original") and Boys Like You — and 2 covers — a PG-rated You Oughta Know that included an Alanis singalong that filled the Rock Hall's glass pyramid and Jefferson Airplane's White Rabbit. I loved every second of watching her completely own that massive stage and crowd. You can tell that she's living her best life. Norah did not win or place in the top 3, but that's not what truly matters, is it?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 7, 2024
I ❤️ being a lawyer
I ❤️ being a lawyer. It presents something new and different each day, with each day offering an opportunity to learn.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 6, 2024
“DEI” is not a 4-letter word
"DEI" is not a 4-letter word … no matter what some people want you to believe.
Companies such as Sherwin-Williams are scrapping their internal use of the words "Diversity," "Equity," and "Inclusion," and are replacing them with words such as "Belonging" and "Culture."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 1, 2024
WIRTW #708: the “boys like you” edition
Tomorrow night, I'll be at the Rock & Roll Hall of Fame trying not to be a nervous wreck during the finals of the Tri-C High School Rock Off. The reality, however, is that no matter the result's, Norah has already won.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 28, 2024
When dealing with the FLSA, “administrative” may not mean what you think it means
It's really unfortunate that when Congress, in 1938, enacted the Fair Labor Standards Act it chose the label "administrative" for the law's broadest white-collar overtime exemption. That one word has caused more misunderstanding, confusion, litigation, and legal fees than any other word in the FLSA.
These issues were just front and center in Blackstone v. Dearborn Life Ins. Co.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 27, 2024
IVF discrimination = sex discrimniation
With in vitro fertilization all over the news for the past week, it's time for this important public service announcement — IVF discrimination = sex discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 23, 2024
WIRTW #707: the “mojo” edition
One, two, three, four
There's a plague on the planet
And they went to law school
A bunch of hornswogglers
Treat us like fools
Know who I'm talkin' about
Let me hear you shout
Destroy all lawyersDestroy all lawyersBunch of evil weasel poseursDestroy all lawyers
Watch them push them papersAnd bend them lawsWill the chump with the most moneyBuy them all?Grab them by their tailsSpit in their eyesWell they charge you by the minuteWhile we get paid by the hourWhat I want to knowIs how they steal all this power?[Chorus]They got, they got their own barWhere they drink pints of greedLet's spay and neuter 'emSo that they can't breedSo let usIs at the bottom of the seaWell they're not even evilYeah, they're worse than the devilGonna blow up the planetCharge God double
[Chorus]
R.I.P. Mojo Nixon.
Here's what I read this week that you should read, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 22, 2024
Pumping up employee lactation rights
Employers, hear to me now and believe me later — it is unacceptable to force a lactating employee to pump her breast milk in an open stockroom corner or in an open office.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 20, 2024
Bankrupcy, labor unions, and remaining union free
Fair State Brewing, one the nation's first unionized craft breweries, just filed for Chapter 11 bankruptcy protection.
Meanwhile and elsewhere, Aslin Beer Co. just said that it will voluntarily recognize the union petition filed by a group of its taproom employees to join the SEIU.
Evan Sallee, Fair State's founder and CEO, tells Eater than its union has nothing whatsoever to do with the bankruptcy filing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 16, 2024
WIRTW #706: the “final exam” edition
I left y'all with quite the cliffhanger last Friday. How would Norah do in her semifinal round at the Tri-C High School Rock Off? "No matter what happens tomorrow night, I'm so proud of her." That's what I wrote last week. Of course, however, I really wanted her to advance to the Final Exam. What parent wouldn't?
In the semifinals, the acts draft their performance slot for the night, with the draft order set by ticket sales. Norah ended up drafting 5th. After saying for weeks that she did not want to close the show, she then chose to close the show. The 10th band out of 10. A singer-songwriter choosing to take the stage in a rock 'n' roll competition after 3-plus hours of loud music played by driving rock bands. "A baller move," we told her when she texted us from the Rock Hall. Her response: "Go big or go home!"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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