Yesterday afternoon, Cuyahoga County, Ohio's largest, issued a four-week stay-at-home advisory. It took effect immediately, and is in addition to the 21-day 10 pm – 5 am statewide curfew Governor DeWine implemented yesterday and which takes effect tonight.
Thursday, November 19, 2020
Coronavirus Update 11-19-2020: Cuyahoga County issues four-week stay-at-home advisory
Yesterday afternoon, Cuyahoga County, Ohio's largest, issued a four-week stay-at-home advisory. It took effect immediately, and is in addition to the 21-day 10 pm – 5 am statewide curfew Governor DeWine implemented yesterday and which takes effect tonight.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 18, 2020
Coronavirus Update 11-18-2020: WFHH (work from home harassment)
For last night's dinner, I decided to use the leftover meatballs from the prior night's spaghetti dinner to make meatball subs. The only problem? No hoagie rolls, which led to the following conversation with my wife:
Me: I need to stop and get buns for dinner.Her: Ooh, will you toast them?Me: I'll toast your buns alright.Her: That's sexual harassment!Me: Take it up with HR.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 17, 2020
Coronavirus Update 11-17-2020: Retaliation under the FFCRA is as illegal as is retaliation under any other employment statute
MaryJo Delaney is suing her former employer after it demoted her from her management position following her return from a Covid-related layoff, for which she had volunteered so that she could stay at home with her 9-year-old son whose school was closed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 13, 2020
Coronavirus Update 11-13-2020: Closing restaurants and bars is NOT the solution to fixing the spread of COVID-19
During his most recent scolding of Ohio's citizens, Governor DeWine threatened to close restaurants and bars if the state's Covid numbers don't quickly improve. He figures if people can't behave responsibly he'll close the places they are mass-congregating to slow the spread.
If the current trend continues and cases keep increasing, we will be forced to close restaurants, bars, and fitness centers. We will look at this one week from tomorrow.
— Governor Mike DeWine (@GovMikeDeWine) November 11, 2020
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 12, 2020
Coronavirus Update 11-12-2020: Breaking down the potential liabilities in Ohio’s new mask rules
During yesterday evening's statewide address, and amid dangerously rising COVID-19 infections and hospitalization, Governor Mike DeWine, announced the reissuing and restating of Ohio's mask mandate. The order now contains four specific rules for businesses to follow regarding mandatory masking.
- Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.
- Each business will be responsible for ensuring that customers and employees are wearing masks.
- A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers' compensation, will inspect to ensure compliance.
- First violations will receive a written warning, and a second will result in a 24-hour closure of the business.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 11, 2020
Coronavirus Update 11-11-2020: Working in an office instead of working from home doubles the risk of contracting COVID-19
You are literally making Covid worse if you are refusing to permit employees to work from home.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 9, 2020
Coronavirus Update 11-9-2020: COVID-19 and no-fault attendance policies
Can you "point" an employee under a no-fault attendance policy for a coronavirus-related absence? For example, an employee sick with COVID-19 or awaiting test results, quarantined because of an exposure, or at home because a child needs care?For the uninitiated, no-fault attendance policies operate by having workers accumulate "points" for missing work, arriving late, or other attendance-related issues; after the accumulation of a pre-determined number of "points," employees face discipline or even termination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 6, 2020
Coronavirus Update 11-6-2020: Accountability
The NFL has fined the Las Vegas Raiders $500,000 and stripped them of a 2021 draft pick for "brazen and repeated violations" of the league's COVID-19 protocols. The violations include repeated incidents of players and coaches not wearing masks and permitting players to attend a charity event maskless while mingling with the crowd. The fines and penalty came after repeated warnings (and prior fines) by the NFL.
If your business's COVID-19 rules are to have any meaning, you need to be prepared to stand behind them with discipline and even termination if necessary. These are important safety rules that are absolutely necessary to beat back this virus, especially as cases are spiking and we are hitting record numbers on a daily basis.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 2, 2020
Music will get my through the next few days (I hope) — my survival playlist
There is no doubt that life is stressful right now. Between the exponentially and dangerously rising COVID-19 numbers (and the unwillingness of enough of us to take the basic health and safety measure to tame them and protect us all) and the election (which literally feels like the future of our nation is on the ballot) I'm bundle of nerves.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 30, 2020
Coronavirus Update 10-30-2020: I’m tired
As we round the corner to month eight of "living with COVID-19," I thought now is a good time to ask everyone, "How are you doing?"
Me? I'm tired.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 29, 2020
Coronavirus Update 10-29-2020: The Dodgers might be World Series winners, but they’re COVID-19 losers
Tuesday night, the Los Angeles Dodgers won the World Series. In the 8th inning of their clinching game 6, the Dodgers pulled third baseman Justin Turner from the game. No one knew why at the time. It was only after the game that it was announced that the team pulled Turner because he had tested positive for COVID-19.
Why then was Turned allowed to join his team on the field (maskless no less) to celebrate their victory?!
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 23, 2020
Coronavirus Update 10-23-2020: Please stop telling me that we all just need to get on with living our lives
Earlier this week, I posed what I thought was a simple question on the private Facebook page of my community's homeowners' association: given the current rise of COVID-19 cases, should we, as a community, rethink our trick-or-treating plans. It was intended to start a generative discussion about whether we can host public trick-or-treating safely, but it quickly devolved into insults and name-calling.
The general theme of my pro-Halloween opponents was some combination of—if you don’t feel safe stay home in your basement; and we need to live our lives. People felt comfortable expressing this opinion even after others had commented about family members COVID-19 had killed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 22, 2020
Coronavirus Update 10-22-2020: New CDC guidance will result in A LOT more employee absences
Yesterday, the CDC made a key update to its COVID-19 guidance. It made a significant change to the definition of "close contact."
Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period (individual exposures added together over a 24-hour period) starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 19, 2020
Coronavirus Update 10-19-2020: The 10th nominee for the “worst employer of 2020” is … the callous car dealer
I continue to shake my head at the callousness of employers during this pandemic. Consider this example from The Oregonian, which earns its spot as the 10th nominee for the Worst Employer of 2020.
A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 16, 2020
Coronavirus Update 10-16-2020: The benefit of being prepared
When you get the call, you better be prepared. This maxim holds true in business, in the law, and in life in general.
Our favorite local wine bar has been hosting outdoor, socially distant concerts since shortly after the State of Ohio allowed it to reopen. Last Friday, their booked artist canceled last minute, which led to a 4:00 pm phone call for Norah to fill in.
I had to quickly work through the stress of a 14-year-old who did not know if she could pull off a three-hour solo gig on 90 minutes' notice. I reminded her that she's spent the last six months writing originals and playing covers in her bedroom, in the backyard, and on Zoom for the Rockin' the Suburbs "Friday Night Hootenanny." Thus, she made her setlist, we packed her gear into the car, and off we went.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 14, 2020
Coronavirus Update 10-14-2020: Reporting an employee who tests positive
When an employee tests positive, an employer has certain reporting obligations. These obligations fall into two categories—reporting to OSHA and reporting to your state or local health agency under state law.
OSHA
While OSHA has remained largely silent on mandates for businesses related to COVID-19, it has published specific guidance on when an employer must record and report COVID cases at work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 13, 2020
Coronavirus Update 10-13-2020: You are doing something very, very wrong if your employees are terrified to come to work
According to Deadspin, NFL players are terrified of COVID, but are afraid to speak up for fear of angering the NFL.
"I looked at my son. I looked at my family, and I just didn't think it was worth it," Jaguars player Lerentee McCray, a seven-year veteran, told me this summer after opting out. "I could catch it and bring it home to them. Or I can get it and even if it doesn't kill me, it could destroy my career long-term. I feel really weird not playing football right now, but can't. I can't risk doing something so dangerous and maybe hurting the people I love."
In the end, most players decided the money was worth the risk. So, they play.
Yet there's been a definite shift in that attitude over the past few months and even weeks, several told me in various interviews, as the virus spreads through locker rooms. Most requested anonymity for fear of angering NFL owners and the league office.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 12, 2020
Why I call myself the 'Master of Workplace Schadenfreude'
If you and I are connected on LinkedIn (and if we're not, please correct that mistake immediately), you may have noticed that my headline describes me as a the "Master of Workplace Schadenfreude."
I'm often asked, "Jon, what the heck does that mean?" Today, I have the answer.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 8, 2020
Coronavirus Update 10-8-2020: Crying “discrimination” because you refuse to wear a mask isn’t just silly, it’s offensive
Please watch this short video and then let's talk.
Entitled anti-masker says "I am discriminated against every single day in my county now... sometimes multiple times a day." GOOD pic.twitter.com/WmCWlAaDqD
— Fifty Shades of Whey (@davenewworld_2) October 6, 2020
This woman claims discrimination because she refuses to wear a mask in public.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 7, 2020
Coronavirus Update 10-7-2020: Could White House employees file an OSHA complaint?
Monday night saw President Donald Trump dramatically return to the White House after his three-day stay at Walter Reed Medical Center for COVID-19. We saw Marine One land on the White House lawn, President Trump emerge and walk up the stairs to the White House, remove his mask for a photo op, enter his home with his mask still in his pocket, reemerge for a reshoot, and again enter the White House maskless.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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