Mastodon Ohio Employer Law Blog : Ohio Employment and Labor Law, by Jon Hyman

Friday, December 2, 2022

WIRTW #652: the “caroling” edition


I love a good Christmas song. The problem is that too many of them are just not very good. Today, I'm adding one to your holiday music playlist that is sure to stick with you like the best kind of earworm.

I Don't Know What Christmas Is (But Christmastime Is Here) is from The Guardians of the Galaxy Holiday Special (streaming on Disney+). The fact that it's performed by my friends and favorite band, Old 97's, is irrelevant to just how much a banger of Christmas tune this is. If you've seen the special, you've also seen the band; they're the alien band performing their songs on screen.

Here's guitarist Ken Bethea reflecting to D Magazine about the coolest part of the experience of filming the special at Marvel's studios outside of Atlanta:

The coolest part was at the end, when the props designer led us into his office and showed us Captain America's shield, Thor's hammer, Doctor Strange's necklace, and Black Widow's batons. I asked if I could hold them and he said, "Absolutely." So I picked up—dare I say wielded—the shield and hammer, which together weighed about 80 pounds. For one shining moment, I could feel the envy of a billion Marvel fans. 

And here's what Director James Gunn told The Hollywood Reporter about working with his favorite band:

These guys are the greatest guys in the world, but they had to be in hell because people complain so much about that makeup when they're in it. But they never once complained. They were singing and playing their instruments for eight hours, and they just kept going and going and going, cut after cut. So they were amazing. They're just the greatest guys, not to mention the greatest music. So I hope this turns a lot more people on to the Old 97's.

I couldn't agree with James Gunn more.

Here's what I read this past week that you should be reading, too.

Thursday, December 1, 2022

VOTE for the Worst Employer of 2022


It's the most wonderful time of the year. I've made my list. I've checked it twice. Now it's time to find out who's naughtiest and not very nice. It's voting time for The Worst Employer of 2022.

I've culled my list of 14 nominees down to the worst 7 as finalists. This year I'm using Ranked Choice Voting to find a winner.  

How does Ranked Choice Voting work?

Wednesday, November 30, 2022

Paper plant settles case of egregious racial harassment with EEOC for $385,000


Packaging Corporation of America has agreed to pay the EEOC $385,000 to settle the racial harassment claims of two African American employees. 

The allegations are egregious (per the EEOC's news release).

Tuesday, November 29, 2022

Is God anti-union?


Thomas Ross, a security officer employed by Allied Universal in San Francisco, has filed a discrimination charge with the EEOC against Service Employees International Union officials and his employer for forcing him to join and financially support the union after he told both that his religious beliefs forbid union support.

Under the National Labor Relations Act, an employee can be forced to join a labor union and pay union dues whether or not he or she supports that union or any union. If, however, the employee happens to work in one of the 27 states with right to work laws, he or she cannot be forced to join or pay. California is not one of those states. Thus, Ross claims that his employer and the SEIU should have reasonably accommodated his sincerely held religious belief that union membership violates his Christian beliefs.

Sunday, November 27, 2022

There’s nothing wrong about wanting not to have fun at work


A French employee, fired for refusing to participate in after-work drinks and other "team building" activities, has won the legal right "not to be fun" at work.

The man, named in his lawsuit only as "Mr. T," was fired for "professional incompetence" — specifically his refusal to adhere to the company's "fun" values. According to the Court of Cassation (France's highest court), the company's "fun" values included regular obligatory social events that included "excessive alcoholism encouraged by colleagues who made very large quantities of alcohol available," plus "practices pushed by colleagues involving promiscuity, bullying, and incitement to various excesses."

Friday, November 18, 2022

WIRTW #651: the “thankful” edition


As we head into the Thanksgiving holiday, I thought I'd take a moment to say a few thank-yous, as I have a lot for which to be thankful.

๐Ÿ™ Thank you to all of my readers, followers, and commenters, here and on LinkedIn and Twitter (for as long as Twitter remains a thing). We might not always agree, but if we did it would be crazy boring. 

๐Ÿ™ Thank you to all of the bad employers, who continue to act before they think (or don't think at all) and provide me content for all of my posts.

๐Ÿ™ Thank you to my law firm, which supports my online fancies. They hired me to run our labor and employment practice, and didn't bat an eye when I expressed an intent to spread my wings into craft beer law

๐Ÿ™ Thank you to all of the organizations that invited me to speak in 2022, and a special shoutout to Business Management Daily, which hosts my monthly column and for which I'll be speaking monthly next year. Also, if you want to toast a beer with me, look for me at the Ohio Craft Brewers Conference in Cleveland from 1/30 – 2/1, and at the national Craft Brewers Conference in Nashville from 5/7 – 5/10.

๐Ÿ™ Thank you to my family, who continue to support my career.

๐Ÿ™ Thank you to my daughter, Norah, who still wants to create a podcast with her dad. As for our podcast, our newest episode addresses all things Thanksgiving, or at least all things Thanksgiving that matter, including food, food, food, parades, football, family, and food. You can listen on Apple Podcasts, Spotify, Google Podcasts, Amazon Music, Overcast, Stitcher, our website, or anywhere else you get your podcasts.

Here's what I read this past week that you should be reading, too.

Thursday, November 17, 2022

I have zero sympathy for insubordinate employees who are fired


This is how it started.

This is how it's ended (for now).

In the intervening 48 hours, Elon Musk reportedly fired dozens of Twitter employees who criticized him publicly on Twitter and privately in the company's Slack channel. The first to go was Eric Frohnhoefer, a Twitter engineer who publicly challenged Musk's knowledge of how the app's backend actually works. Other employees, like this one, took to Mastodon to challenge Musk's termination of Frohnhoefer in obscenity laced rants.