Thursday, March 16, 2017
For want of an Oxford comma
Vampire Weekend once asked, “Who gives a f__k about an Oxford comma?” The answer, apparently, is the 1st Circuit Court of Appeals, a whole lot.
In O’Connor v. Oakhurt Dairy [pdf], that court reversed the dismissal of an overtime lawsuit based on the absence of a Oxford comma in a list of activities that qualify for a certain exemption under Maine’s wage-and-hour law.
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Wednesday, March 15, 2017
The 11th Circuit’s odd LGBT-discrimination decision
Late last week, the 11th Circuit Court of Appeals, in Evans v. Georgia Regional Hosp. [pdf], held that Title VII does not protect sexual-orientation discrimination per se, and that to sufficiently plead such a cause of action under Title VII, one must allege facts sufficient to establish that the employer discriminated based on non-conformity with sex-based stereotypes.
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Tuesday, March 14, 2017
Inclement weather policies should prioritize safety over productivity
Snow day! Norah went to bed with PJs on backwards last night (and received her wish; now please use your time wisely to work on homework). Donovan is going to be pissed because tonight’s Mathmagic night at school (which he was really looking forward to) will be cancelled. And me? I’m enjoying some flexibility by working from the comfort of my kitchen island. If the storm forecast holds as predicted, however, I'll be giving myself lots of extra travel time tomorrow morning for a court appearance. #lawyerlife
What about your business?
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Monday, March 13, 2017
The 7th nominee for the “worst employer of 2017” is … the “trump”ed up termination
Last Friday, Attorney General Jeff Sessions asked for the resignation of 46 U.S. attorneys. Those that refused have been fired.
The fact that the current administration is cleaning its Justice Department house by turning over personnel appointed by the prior administration is not notable. Washington bureaucracy is run by the party-in-charge, and right now that means that President Trump is calling the shots on whom he employs and doesn’t employ. For example, Attorney General Janet Reno took similar steps in the early days of President Clinton’s administration.
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Friday, March 10, 2017
WIRTW #452 (the “coffee house” edition)
Do you like acoustic guitar, Green Day, and a 10-year-old girl that is way too cool to be my daughter combining the two? If so, then this video, recorded last week at my kids’ school, is for you.
Here’s what I read this week:
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Thursday, March 9, 2017
The 6th nominee for the “worst employer of 2017” is … the double-booked recordkeeper
Yesterday’s nominee for the Worst Employer of 2017 may not end up as the last employer standing when I tally the votes at year’s end (at least according to some of the comments and tweets I received). Today’s nominee, however, should receive more universal support (or disgust, as the case may be).
How many sets of time and pay records should you keep on your employees? For your sake, I hope your answer is not any number greater than “one”.
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Wednesday, March 8, 2017
The 5th nominee for the “worst employer of 2017” is … the no-pets-for-vets policy
So far, so bad. But it gets worse. From the EEOC:
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Tuesday, March 7, 2017
SCOTUS reverses decision to review transgender bathroom case
Yesterday, the Supreme Court reversed an earlier decision that would have heard the appeal of a 4th Circuit opinion granting a transgender boy the right to use the bathroom of his identified gender.
The decision comes on the heels of the Trump administration’s policy change [pdf], which revoked the Obama administration’s guidance that protected the bathroom rights of transgender students in public schools.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 6, 2017
Lessons from a ransomware attack
CNN reports that a ransomware attack has locked the computer network of the Pennsylvania Democratic Caucus. This is what we call a teachable moment.
What is ransomware? Ransomware is malicious software that locks one's computer or network until a sum a money is paid, at which point the cybercriminal provide a code to unlock the system. If the ransom is not paid with a set timeframe, they will wipe the data. And, any organization that relies on access to data, and cannot afford to lose access to that data at any time, is the prime target of a ransomware attack. Does that sound like your business?
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Friday, March 3, 2017
WIRTW #451 (the “Graveyard Whistling” edition)
Thank god we got these guitars.In this devil of world.Turn it up make a little noise.
– Old 97’s, “Irish Whiskey Pretty Girls”
So declare the Old 97’s on one of the more raucous tracks on their latest album, Graveyard Whistling, the band’s 11th studio effort. I’ve been turning it up and making noise since its release one week ago.
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Thursday, March 2, 2017
President Trump utters the phrase “paid family leave,” but what does it mean?
My administration wants to work with members in both parties to make childcare accessible and affordable, to help ensure new parents have paid family leave.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 1, 2017
U.S. Chamber calls for common sense restoration of the NLRB … and I couldn’t agree more
To say that I have not felt overly optimistic about our nation’s course over next four years would be a bit of an understatement. One area, however, about which I am very optimistic is the expected retooling of the National Labor Relations Board.
This week, the U.S. Chamber of Commerce’s Workforce Freedom Initiative published a comprehensive report outlining the areas of federal labor law that the NLRB must address to restore balance to the workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 28, 2017
Can a hug create a hostile work environment? According to this court, yes.
Edward Prieto, the sheriff of Yolo County, California, likes to hug his co-workers … a lot. According to Victoria Zetwick, a county correctional office and the plaintiff in Zetwick v. County of Yolo (9th Cir. 2/23/17) [pdf], during the 12 years they worked together, Prieto hugged her hundreds of times. Zetwick also claimed that during that same time frame, Prieto hugged several dozen other female employees, but never male employees. Others, however, testified that Prieto also hugged me, just not as frequently as women. Zetwick alleged that a result she found it difficult to concentrate, and that she was constantly stressed and anxious about Prieto’s touching, which she believed had sexual overtones.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 27, 2017
I birthed a rock star
The important thing is that THE WORLD NEEDS MUSIC. And there will always be folks (like your sweet daughter) who will make that music!Saturday night, my sweet daughter made that music, and then some.
Norah (age 10) |
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Friday, February 24, 2017
WIRTW #450 (the “Kurt” edition)
Earlier this week, Kurt Cobain would have turned 50 years old. Uncoincidentally, also earlier this week Norah stepped in for an absent bandmate to sing lead on the song that made Kurt Cobain and Nirvana a household name, “Smells Like Teen Spirit”. I think Kurt would have approved.
A post shared by Jon Hyman (@jonhyman) on
This Saturday night, I’ll be at the Rock & Roll Hall of Fame, watching this band kill it in front of thousands as part of the High School Rock Off Final Exam. They are scheduled to hit at 9:25. Tickets are only $12, and include admission to the Rock Hall. It a great night watching the best the area’s school-aged musicians.
Here’s what I read this week.
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Thursday, February 23, 2017
What’s good for the goose … NLRB protects employee’s Facebook post critical of his union
It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not only protects anti-employer comments, but also anti-union comments. Thus, it would make sense that the NLRB would conclude, as it recently did in International Union of North America, Local Union No. 91 [pdf], that section 7 protects an employee who posts on Facebook comments critical of his labor union.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 22, 2017
“If I could press a button and instantly vaporize one sector of employment law?” (redux)
Nearly six years ago, Walter Olson, writing as his Overlawyered blog, asked the following question:
“If I could press a button and instantly vaporize one sector of employment law…”?This was my answer:
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Tuesday, February 21, 2017
"A Day Without Immigrants" protests followed by days without work for fired employees
Last Thursday, in protest against President Trump’s immigration policy, people nationwide participated in “A Day Without Immigrants.” As part of the protest, many businesses closed their doors to show what our nation would look like without immigrants. In addition, many immigrants simply did not go to work.
As a result, many now find themselves unemployed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 20, 2017
Paw-ternity leave is a great idea, but please don’t forget about us humans
This is Loula, our vizsla.
BrewDog, a Scottish brewery set to open up in Columbus this Spring, has your answer—paw-ternity leave.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 17, 2017
WIRTW #449 (the “do-over” edition)
- He served a well regarded term on the National Labor Relations Board from from 2002 to 2003.
- He is a former Assistant Attorney General for the Civil Rights Division of the Department of Justice, where, among other acts, he defended the civil rights of American Muslims.
- He is a former Supreme Court clerk and former U.S. Attorney
- He is currently a law school dean.
- Once confirmed, he will become the first Hispanic-American member of Trump’s cabinet, bringing some much needed diversity to the table.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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