Friday, November 12, 2021

WIRTW #604: the “I promise I’m a real lawyer” edition

The post was not meant to be controversial. Aaron Rogers admittedly lied about his vaccination status. I merely suggested that he not get a free pass because of who he is, and should be treated like any other employee caught lying on the job. Then, LinkedIn featured my post in their Breaking News sidebar. And all hell broke loose.

More than a few people called me a Nazi (which, for the record, Linkedin does not consider a violation of its Professional Community Policies.)

Others joyfully outed their own racism by comparing Rogers to his "murdering and raping teammates" or by calling Covid-19 the "Wuhan Flu."

Still others incorrectly cited laws such as HIPAA (which they at least spelled correctly) to claim that Rogers' rights are being violated.

Some questioned my understanding of employment law. Pro tip: If you start your comment with, "I'm not a legal expert, but," then you shouldn't be offering a legal opinion. I don't tell the pilot how to fly the plane or the surgeon where to slice. Please don’t tell me I'm wrong about employment law. 

One notable commenter — a paralegal who has since blocked me — even went so far as to suggest that I shouldn't be writing about legal issues because I'm not actually an attorney.

So, today, I'm here to establish that I am, in fact, an actual, bona fide, licensed, and practicing attorney. I graduated law school in May 1997, took the bar exam that July, learned a few months later that I had passed said bar exam, was sworn in 10 days after that, and have been a licensed attorney in the State of Ohio practicing management-side labor and employment law ever since. Really. I promise.

Check out the bonkers (and frankly, scary) discussion here, if you dare.

Here are the best things I read online this past week that I think you should be reading, too.

Musings on the (Now Stayed) New OSHA Federal Vaccination or Test Rule — via Dan Schwartz's Connecticut Employment Law Blog

COVID Vaccines: When is Employee's Vaccination Status HIPAA-protected? — via HR Hero Line

Hey NFL, explain this to us like we're 5: Why are y'all O.K. with Aaron Rodgers' fine being cheaper than CeeDee Lamb's? — via Deadspin

Dissecting OSHA's Vaccine Mandates — via TLNT

COVID Has Permanently Changed Litigation — via Above the Law

To Pay or Not to Pay For COVID-19 Tests: That Is The ETS Question — via SHRM Blog

Should employers wait out OSHA's vaccine mandate? 'If you're a gambler.' — via HR Dive

Remote Work and Moonlighting — via EntertainHR

"Striketober" — via Labor Relations Institute