Monday, January 23, 2017

On the news: Hyman on reckless employee tweets and our new President

Last Thursday morning I received a call from Mike Brookbank, a reporter for WEWS, our local ABC affiliate. “I saw your quotes on on how to post on social media about President Trump without losing your job. I’m pitching a similar story for tonight’s news. Care to be interviewed?”

Friday, January 20, 2017

WIRTW #445 (the “dynamic duo” edition)

Last weekend was School of Rock weekend for the Hyman family. My kids showed a packed club what they’ve been working on for the past four months.

Norah never disappoints when she performs (or in life, for that matter). Some 10 year old girls play sports, some dance, some cheer ... mine just kicks ass.

Witness the power of a three-song selection from her Power Trios show, about which I heard whispers was one the best shows any of the three Cleveland-area Schools of Rock has ever done.

Not to be outdone, Donovan made his singing debut a few hours prior. I give the kid a ton of credit. He had a nervous meltdown before leaving the house that afternoon. With a lot help from Mom (and a little from Dad), he composed himself, stood up in front hundreds of strangers, and sang his heart out (complete with dance moves) on The Beatles’ I Saw Her Standing There.

The encore performance is this Sunday (Jan. 22) at Brothers Lounge. Donovan should take the stage around 4 p.m., with Norah to follow at 5:30.

Here’s what I read this week:

Thursday, January 19, 2017

A not-so-subtle reminder about the need for cybersecurity training

I feel like I’ve written a lot lately about the need for cybersecurity training for employees (for example, here, here, and here). Yet, as long as employees keep opening unknown emails and clicking on strange links, we need reminders of why this training is necessary. And, just this past week, the Cleveland Metropolitan School District offered a great teachable moment.

Wednesday, January 18, 2017

OSHA suggests employer best practices for anti-retaliation programs

The Occupational Safety and Health Administration has published recommended best practices to protect from retaliation employees who report workplace safety or other concerns under any of the 22 statutes OSHA enforces.

The document, entitled, Recommended Practices for Anti-Retaliation Programs [pdf], outlines five key elements of an effective anti-retaliation program:

Tuesday, January 17, 2017

Pets in your workplace? Assess the risks and draft a policy.

A reader recently emailed the following question:
Some people need service dogs to get to work. But many more simply want to take their dogs to work. What is the protocol? What are the HR rules on this? And what are the penalties for illegally taking a dog to work?
Are you thinking about opening up your business to employees’ pets? You will find very few resources on the internet to help. And, you will need a written policy before you allow pets in. Here are some considerations:

Monday, January 16, 2017

SCOTUS to review NLRB ban on class-action waivers

One of the biggest issues on the NLRB’s hit list over the past few years has been class-action waivers. In D.R. Horton, a 3-2 majority of the Board held that an arbitration agreement which requires employees to waive their right to collectively pursue employment-related claims in all forums (i.e., by giving up their right to file or join class or collective actions) violates employees’ rights under the National Labor Relations Act to engage in protected concerted activity. This issue is significant, as employers seek to use class-action waivers to combat the plague of wage-and-hour lawsuits.

In the four years since D.R. Horton, the NLRB has invalided hundreds of class-action waivers. On appeal, however, not all federal circuit courts have been kind to D.R. Horton. The 5th Circuit overturned D.R. Horton itself, while other circuits have sided with the NLRB on this important issue.

Now, the Supreme Court is poised to have the final say.

Friday, January 13, 2017

WIRTW #444 (the “training” edition)

The workplace training video. I hope yours go better than this example.

Here’s what I read this week:

Thursday, January 12, 2017

… and an early contender for worst employer of the year

We already have a nominee for worst employee of 2017, so why not share the love and nominate a worst employer.

Drum roll…

Wednesday, January 11, 2017

Tread carefully if stripping employees of their pay

Wait, not this kind of stripping?
Stevens v. Oval Office (E.D. Wisc. 12/29/16) [hat tip: Walter Olson’s Overlawyered] poses an interesting question—is it ever permissible to dock an employee’s pay for disciplinary reasons? The fact that the plaintiffs are adult dancers docked for rule infractions such as “failing to fully remove all clothing, except for underwear, by the end of the first song when dancing on stage” doesn’t dissuade interest either.

Tuesday, January 10, 2017

Cleveland Clinic doctor feeling ill after anti-vax blog post stirs trouble

A wellness physician at the Cleveland Clinic is in hot water following his blog post on, in which he argued that parents avoid vaccinating their children. The doctor, Daniel Neides, is the medical director and chief operating officer of the Cleveland Clinic Wellness Institute.

In his post, he attacked flu shots for children and questioned the safety of childhood vaccination schedules, citing a debunked link between vaccines and autism. His byline used the Cleveland Clinic’s logo and identifies him a Cleveland Clinic physician.

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