Thursday, August 16, 2018

Can you lawfully fire an employee who writes "whore board" to protest a new overtime rule?

In Constellium Rolled Products Ravenswood, LLC, the NLRB held that an employer unlawfully fired an employee who wrote "whore board" on an overtime sign-up sheet.

How is this unlawful? Let's explore.

Wednesday, August 15, 2018

Are "digital addiction" claims about to invade your workplace?

There is no doubt that addiction is a protected disability under the ADA (and Ohio's parallel law).

Typically, we think of addiction as relating to drugs or alcohol. But, there's a new wave of addictions on the horizon—digital addictions.

Tuesday, August 14, 2018

Ohio's new cybersecurity safe harbor for businesses means the time for cybersecurity compliance is NOW

Do you know that the average total cost of a data breach to a business is $3.86 million?

This is a 6.4% increase over the past year.

For companies doing business in Ohio, some relief is on the way.

Monday, August 13, 2018

Protecting your business from an "Omarosa": workplace recordings and the law

Omarosa Manigault-Newman, formerly a contestant on Donald Trump's The Apprentice and also formerly an employee in President Trump's White House, secretly recorded Chief of Staff John Kelly firing her.

In 38 states plus the District of Columbia, this surreptitious recording would be perfectly legal.

Friday, August 10, 2018

WIRTW #518 (the “no-stress zone” edition)

What de-stresses you? Where do you go, or what do you do, that makes all the stress in your life melt away?

My wife and I recently spent a few days in Sedona, Arizona. We hiked, we jeep-toured, and we drank wine.

It was the most stress-free we've felt in years.

Thursday, August 9, 2018

No one should be told to "suck it up" after requesting FMLA leave

If this was August 2017, I would be touting today's post as a strong contender for the "Worst Employer of the Year." It says a lot, however, about the quality (moral suckitude?) of this year's nominees that today's post can't even scratch 2018's list of nominees.

Wednesday, August 8, 2018

Juicing the reasonable accommodation low-hanging fruit

Would you rather spend seven figures to lose a lawsuit, or $1.69 to allow a diabetic employee to drink a bottle of orange juice?

The answer should be pretty clear.

Or maybe not?

Tuesday, August 7, 2018

Despite what one court held, workplace discrimination laws DO protect employees from non-employees

Pop quiz: Can an employer ignore harassment or other discriminatory behavior directed at employees by non-employees?

If your answer is "yes," you'd be in agreement with the court in Shaw v. Access Ohio (Ohio Ct. App. 7/27/18).

You'd also be dead wrong.

Monday, August 6, 2018

On religious liberty vs. workplace discrimination laws

Last week, Attorney General Jeff Sessions announced the creation of a "Religious Liberty Task Force" It will enforce a 2017 DOJ memo that ordered federal agencies to take the broadest possible interpretation of "religious liberty" when enforcing federal laws, including Title VII and other anti-discrimination laws.

According to Mr. Sessions, the task force as a necessary to "confront and defeat" secularism, "a dangerous movement, undetected by many, is now challenging and eroding our great tradition of religious freedom."

Friday, August 3, 2018

WIRTW #517 (the “interrupter” edition)

Every now and again I like to bring y'all some new music to discover for your Friday. It might not be new, and it might not be new to me, but it might be new to you. And I hope it's something you appreciate and will enjoy.

Today, I bring you The Interrupters.

They might be on the forefront of a ska, pop-punk revival. Comprised of three brothers, Kevin, Jesse, and Justin Bivona, and lead singer Aimee Interrupter, they have a bona fide hit on their hands, "She’s Kerosene," the lead single off their 2018 release, Fight the Good Fight. It's the first ska song to gain any radio play since No Doubt, and currently sits at number 28 on Billboard's Alternative Songs Chart (and climbing). And it's damn catchy.

Here they are performing their hit on Jimmy Kimmel Live last week:

Not only are their songs catchy, but the messages are positive, and the music is just plain fun. And god knows we need more positivity and fun these days.

To top it all off, they are nice people, fan friendly, and deserve all of the success they are achieving.

So head over to your streaming service of choice and check out The Interrupters. I don't think you'll be disappointed. Or, better yet, go to, buy some vinyl, and support some really good people making really good music.

Here's what I read this week:

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