WIRTW #426 (the “back to school” edition)

They are responsible for the matching outfits, not me. Norah and Donovan could not be happier to be back @lakeridgeacademy. #backtoschool #firstdayofschool #lakeridgeacademy

A photo posted by Jon Hyman (@jonhyman) on Aug 17, 2016 at 7:00am PDT

Here’s what I read this week:

WIRTW #424 (the “parking lot” edition)

If you are looking for a fun Sunday afternoon of music and food truck, look no further than the Strongsville School of Rock.

On Sunday, August 21, it will hold it’s annual parking lot show, aka, Rock the Lot. It will feature a preview of the school’s upcoming fall shows, including Norah Hyman singing and strumming her way through The Many Faces of Jack White, and Donovan Hyman keyboarding, dancing, and making his singing debut (god help us) with Rock 101. It will also have the Smokin’ Rock n’ Roll Food Truck on hand. There’s no better way to spend an otherwise lazy late-summer Sunday afternoon than watching some cool kids make great music.

The event runs 4 – 6 pm on Sunday, August 21, at 16888 Pearl Rd, Strongsville, Ohio.

Details are here.

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I’m taking a much needed long weekend. New content Wednesday.

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Here’s the rest of what I read this week.

WIRTW #415 (the “CB + TMR = 😊”) edition

That time you walked into Third Man Records before the Courtney Barnett show and ran into Courtney Barnett.

A photo posted by Jon Hyman (@jonhyman) on May 31, 2016 at 3:30pm PDT

My daughter leads a charmed life. As one friend put it, “She’s going to think she gets to meet the band at every show she goes to. When does Sir Paul come to town?”

On a serious note, it was truly special to Norah that CB took the time to speak to her on Tuesday. I hold my breath every time she meets one of her idols. Each meeting is an opportunity for her to learn (at the tender age of 10) about grace and humility in the face of fame (or otherwise), and CB certainly did not disappoint. Norah absolutely loved the concert, but meeting Courtney Barnett was the highlight of her trip (edging out spending time with dear ol’ dad).

Here’s the rest of what I read this week:

WIRTW #414 (the “happy 10th” edition)

A very happy 10th birthday to my smart, sassy, wise beyond her years, talented, and beautiful daughter, Norah. I have no idea how this happened in 10 quick years, but I am certainly enjoying the ride.

Here’s the rest of what I read this week:

WIRTW #412 (the “duet” edition)

Those of you who’ve been readers for any length of time know of my love of all things Old 97’s. Well, they are back in town next Wednesday at the Beachland Ballroom. Look for Norah, my wife, and me right up in front of the stage.

In promoting the show, Rhett Miller, the band’s lead singer, gave an interview to Scene Magazine. What did Rhett say was his “favorite Cleveland memory”? Singing with Norah, of course.

I had a solo gig at the Music Box, which is a great room, and there and there was a sweet little girl who got up on stage and sang “Firefly,” a duet I do. She was so brave. It’s such a rare thing. It’s so dangerous to pull a stranger up on the stage particularly when it’s a little kid but she totally nailed it.

We forgive Rhett that time has dulled his memory of the song they actually sang (it was The New Kid). But that’s more than ok. How freakin’ cool is it for Norah that a bona fide rock star’s best memory is singing with her?

Here’s the rest of what I read this week:

WIRTW #408 (the “jobs are all jobs and sometimes they suck” edition)

Ken had a surly fan last night. But when life gives him lemons, he makes memes.

A photo posted by Rhett Miller (@rhettmiller) on Apr 7, 2016 at 12:55pm PDT

Even rock stars have bad days at the office.

Employment Law Blog Carnival: The “Candy Cane Children” Edition #ELBC

People seem to like lists, so here’s one to kick off this month’s Employment Law Blog Carnival. Who is the greatest rock band of each decade (according to Jon Hyman)?

• The 1960s — The Beatles (with apologies to the Rolling Stones)
• The 1970s — The Who (with apologies to Led Zeppelin and the Clash)
• The 1980s — U2 (with apologies to Guns N’ Roses and Talking Heads)
• The 1990s — Nirvana (with apologies to Pearl Jam and Green Day)
• The 2000s — White Stripes (with apologies to absolutely no one)

This month’s ELBC will focus on the latter, the White Stripes. They allegedly formed on Bastille Day 1997, and most certainly broke up five years ago. In between, they single-handedly saved rock ‘n’ roll.

WIRTW #405 (the “Norah live” edition)

This week’s musical highlight comes courtesy of the Cleveland School of Rock Jr. Headliners. What can I say? I’m either a proud dad or a shill for my kid.

Norah live.
Posted by Jon Hyman on Sunday, March 13, 2016

You can catch her live on April 3.

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If you are interest in having your post featured in this month’s Employment Law Blog Carnival, email me your submission by Monday. The carnival goes live March 23.

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Here’s the rest of what I read this week:

WIRTW #401 (the “rock off” edition)

Last Saturday night Norah performed to a crowd of 1000-plus inside the Rock & Roll Hall of Fame. We weren’t allowed backstage, but heard that she was pacing a trench of nerves into the Rock Hall’s floor before her band took the stage. Was she nervous about having to perform in front of a crowd that large in the most important gig of her young life? Nope. “I don’t get nervous about that, dad.” She was just nervous that the cold she’d been fighting would cause her voice to crack. It didn’t, and she rocked the Rock Hall.

The future of rock is in very good hands, the 15-second video evidence. @hsrockoff @schoolofrockcle @rockhall #thisiscle

A video posted by Jon Hyman (@jonhyman) on Feb 14, 2016 at 6:52am PST

Here’s the rest of what I read this week:

WIRTW #398 (the “doorbell” edition)

Someday, Donovan will comb through the archives of this blog and ask, “Dad, you sure wrote a lot about Norah’s music. What about mine?”

So, in the name of equal time and equal pride, I bring you Zombie Fried Chicken, with Donovan on keys (and big sis on drums), doing the White Stripes “My Doorbell.” (Donovan’s song intro, by the way, was totally spontaneous and improvised, and purely adorable).


Here’s the rest of what I read this week:

WIRTW #397 (the “Woodstock” edition)

I'm well aware that I write a lot about my daughter’s music, but I do so because (a) I know a lot you enjoy it, and (b) I’m a really proud dad. Today, I’m doing so again, because last Saturday Norah blew me away. Her “Psychedelic 60s” show closed with the Jefferson Airplane classic “Somebody to Love”, with Norah absolutely killing it on lead vocals.


You have another chance to catch the show live, tomorrow at the Music Box Supper Club. Norah’s band takes the stage at 1 pm, and the show is free.

Here’s the rest of what I read this week:

WIRTW #395 (the “rock 'n' roll grade school” edition)

It’s been a bit since I’ve shared any music from Norah’s gigs, so I thought I’d share a clip of three songs from her show last weekend (blue hair and all) with the School of Rock Jr. Headliners.


As for Norah’s bands, you have a few opportunities to see them live over the next few weeks (with more to be added):

• Jan. 16, Norah’s Psychedelic 60s show takes the stage at the Music Box Supper Club, beginning a 3 pm, with a short set by Donovan’s Rock 101 band leading off at 2:30.
• Jan. 23, Norah’s Psychedelic 60s show again performs at the Music Box Supper Club, beginning a 1 pm, followed by Donovan’s Rock 101 band at 2:30.
• Feb. 7, the School of Rock Jr. Headliners continue their monthly residency at Coda, in a pre-Superbowl show from 1 – 4.
• Feb. 13, the Jr. Headliners play the Tri-C High School Rock-Off Finals, on the main stage at the Rock & Roll Hall of Fame.

Here’s the rest of what I read this week:

Can you legally deck the workplace halls?

The holiday season is in full swing. Gifts are flying off the shelves, FedEx is delivering too many Amazon-logoed boxes to count, and lights, trees, and wreaths are everywhere.

What about the workplace? Can you legally decorate for the holidays at work? And, if you do, does the law require that you accommodate all religions in your holiday displays? The answer might surprise you.

WIRTW #392 (the “miles and miles and miles” edition)

Yesterday afternoon was the Fall Play-In at my daughter’s school. It’s essentially a music recital for the kids in grades K – 5 who take private music lessons. Amid a chorus of Christmas and classical pieces on the grand piano, Norah rocked The Who’s I Can See For Miles on her Fender, which she recently started learning. Like always she’s her own toughest critic. To me, and everyone else there, she sounded great.

Here’s the rest of what I read this week:

Should you allow employees to shop online from work?

Today is Cyber Monday, the day online retailers promote their (alleged) deepest holiday discounts. It is estimated that more than 125 million Americans will take advantage of these sales and shop online today. And, many, if not most, of them will do so from work.

The latest available numbers suggest that more and more companies are allowing employees to shop online from work. As of 2014, 27% of employers permit unrestricted access to employees shopping online while at work, up from 16% in 2013 and 10% and 2012. Meanwhile, 42% allow online shopping but monitor for excessive use, while 30% block access to online shopping sites. Similar data is not yet available for 2015, but one can assume that these numbers have continued to trend towards greater access for employees.

Yet, just because companies allow a practice to occur does not mean it makes good business sense. Should you turn a blind eye towards you employees’ online shopping habits, not just today, but across the board? Or, should you permit more open access?

WIRTW #391 (the “headliner” edition)

In my never-ending quest to turn my legal blog into a promotional blog for my daughter’s nascent music career, I bring you the debut performance of this year’s School of Rock Jr. Headliners — Sunday, December 6, from 4 to 8 pm, at Coda (a new, and supposed very cool, music venue owned by Cleveland chef and restaurateur Dante Boccuzzi).

For the uninitiated, the Jr. Headliners is SoR’s audition-only band for kids 8th grade and under (there is another Headliner band for high schoolers, which will also be on the bill). Norah earned her spot on her vocal chops.

Here’s a tease from the band’s “preview” performance at SoR’s annual Halloween bash — Jet’s Are You Gonna Be My Girl.

My standing offer is still good. If you’re at the gig, say hi, and mention the blog, your next drink of choice is on me.

Here’s the rest of what I read this week:

WIRTW #388 (the “queen of all the world” edition)

I’ve decided that when I grow up, I want to be Norah. She has a pretty good life.

Guess who’s added “new guitar” to the top of her Christmas list?

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Please check out the latest post on Meyers Roman’s new Ohio OSHA Law Blog — Federal court slaps down OSHA’s broad interpretation of its machine-guarding standard. And, while you’re there, take a minute to subscribe to receive updates via RSS or email.

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Here’s the rest of what I read this week:

WIRTW #382 (the “bloodletting” edition)

This past weekend, my kids had their triannual School of Rock performances. Norah performed in the “Left of the Dial” show, singing and strumming the 80s pre-Nirvana alt groove. Not to be outdone, Donovan made his stage debut playing keyboards in the Rock 101 band (with Big Sis backing him on the drums).

A few observations.

1. I’m not sure where they came from, but Norah’s got a set of pipes and is quickly learning how to use them.
2. Donovan might not have music in his future, but, as you’ll see, the kid’s got stage presence.
3. Having never taken a drum lesson, Norah did herself proud behind the kit for two songs.

With that preface, let’s go to the tape.

Norah bringing down the house, singing Concrete Blonde’s “Bloodletting”

Donovan causing tears of joy with his dance moves and backing vocals

If you’re inclined, you can watch the entire 12-song Left of the Dial set here.

Here’s the rest of what I read this week:

Discrimination

• The Kim Davis Story: When Religion Clashes with Job Requirements — via ERC HR Insights Blog
• Court Rulings Reiterate that Employers Should Review and Revise Best Practices for Drug-Free Workplace Programs — via Laconic Law Blog
• Reassignment As A Reasonable Accommodation Under The ADA — via Employment Essentials
• And a happy #$%!&;!*! new year to you, too! — via Robin Shea’s Employment & Labor Insider
• “Drawing the Line Between Civil and Religious Rights” — via How Appealing

Social Media & Workplace Technology

• Facebook is expanding its workplace social network to hundreds of companies — via The Verge
• Hackers Are Coming After Your Private Data — via Technologist

HR & Employee Relations

• How to Reinvent the Employee Handbook — via Evil HR Lady, Suzanne Lucas
• New Push in Congress to Pass a Nationwide Ban the Box Law — via TLNT
• The Caregiving Challenge — via U.S. Department of Labor Blog
• Work-Life Policies Payoff Isn’t Overnight — via Families and Work Institute Blog
• How to Raise Awareness About Mental Health in Your Workplace — via Blogging4Jobs
• Questions That Employers Should Avoid During The Hiring Process — via Minnesota Employer
• Your Employee’s Former Employer Just Sued You????? — via The Emplawyerologist

Wage & Hour

• The pesky FLSA implications of the Papal visit — via Eric Meyer’s Employer Handbook Blog
• USDOL Delays Its “Companionship”, “Live-In Domestic” Enforcement — via Wage and Hour Laws Blog
• DOL: Pay Discussions Protected Under Rules — via Joe’s HR and Benefits Blog
• Eighth Circuit Splits The Baby In Permitting FMLA Claims To Proceed — via The Employment Brief

Labor Relations

• National Labor Relations Board Asserts Jurisdiction over Religious Educational Institutions — via Matt Austin Labor Law
• DOL Pimping Unions — via Labor Relations Institute

WIRTW #380 (the “left of the dial” edition)

If you find yourself on the west side of Cleveland on the afternoon of September 12 or 13, stop by The Brothers Lounge to check out my kids’ latest rock ‘n’ roll adventure.

Norah will be performing in School of Rock’s “Left of the Dial” show, featuring the pre-Nirvana alt sounds of The Replacements, R.E.M., Dinosaur Jr., Echo and the Bunnymen, and others. To whet your musical appetite, here’s a 15-second clip of Norah crushing the lead vocals on Concrete Blonde’s “Bloodletting”.

A clip of Norah doing her thing, singing Concrete Blondes' "Bloodletting" at tonight's @schoolofrockcle Parking Lot Show. She gave herself a C+ tonight. I guess she's a tough critic. @schoolofrockusa

A video posted by Jon Hyman (@jonhyman) on Aug 17, 2015 at 4:24pm PDT

Also, stick around for my son Donovan’s musical debut, tickling the keys in the Rock 101 band with songs by The Who, Foo Fighters, and Linkin Park. If you stop, say hi, and mention the blog, I might even buy you a beer.

Here’s the rest of what I read this week:

Discrimination

• Five Things An Employer Should Do After Receiving a Charge of Discrimination — via Minnesota Employer
• Under the ADA, can you fire an alcoholic who doesn’t request treatment? — via Eric Meyer’s The Employer Handbook Blog
• Ability to get along with others is an “essential function” under the ADA — via Mike Haberman’s Omega HR Solutions
• Commitment to diversity doesn’t prove bias — via Business Management Daily

Social Media & Workplace Technology

• Why Ballot Selfies Are A Terrible Idea For Workers — via Donna Ballman’s Screw You Guys, I’m Going Home
• Man Sends Naked Selfies to Prospective Employer — via Time
• Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence–Farley v. Callais — via Technology & Marketing Law Blog
• Labor Law Developments That Will Shake Technology, Media and Telecommunications Employers — via Technology Company Counselor
• The Ashley Madison Breach: Cybersecurity Nightmare, or Wake Up Call For Employers? — via TLNT
• Cyber boogeyman—internal or external threat? — via Technology for HR

HR & Employee Relations

• The Art of the Apology: Saying “Sorry” in the Workplace — via Dan Schwartz’s Connecticut Employment Law Blog
• The on-air shootings at WDBJ-TV: When bad things happen to good employees — via Robin Shea’s Employment & Labor Insider
• Should Employment Lawyers Advise Clients on Workplace Violence Issues? — via California Employment Law
• Four-Day Workweeks: A Fulcrum for Work/Life Balance — via Blogging4Jobs
• Four-day work weeks are growing in popularity and you’ll absolutely love them — via BGR
• How Do We Make Unlimited Time Off Work, Work? — via 1 Million for Work Flexibility
• One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers — via Employment Matters Blog

Wage & Hour

• What the Browning-Ferris Decision May Forecast for Wage and Hour Law — via The Wage and Hour Litigation Blog
• Is the Contract Worker Golden Age Coming to an End? — via In House
• Employee or Independent Contractor? 3d Cir. FLSA Edition — via Phil Miles’s Lawffice Space
• Fight for $15: the strategist going to war to make McDonald’s pay — via The Guardian
• OSHA Means Business in Targeting the Health Care and Nursing Care Industries — via OSHA Law Update

Labor Relations

• If Employees, Uber Drivers Could Organize into a Union — via Matt Austin Labor Law
• NLRB: we’re coming after franchisors and subcontractors — via Overlawyered
• New NLRB Joint Employers Test – Why It Matters For OSHA — via OSHA Law Update
• What Did the NLRB Say in its Ruling on Joint Employment–and Why? — via The Emplawyerologist
• Five Practical Issues Browning-Ferris Creates for Employers — via Labor Relations Today
• NLRB’s “Joint Employer” Case Matters to Non-Union Employers, Too — via What's New in Employment Law?

WIRTW #376 (the “…I’ll only disappoint you…” edition)

I thought I’d try something different today by bringing you a musician I’ve recently discovered—Courtney Barnett.

She’s a guitar playing, Australian, singer-songwriter, whose songs mix crunchy, grungy guitar riffs with catchy lyrical turns of phrases about otherwise mundane topics of everyday life such as house hunting (DePreston) and organic foods (Dead Fox). Oh, and she absolutely rocks. Need proof? Here she is performing “Dead Fox” in Minneapolis / St. Paul last month.

And, here’s her full set from this year’s Bonnaroo, which I am told by those who saw it live that it stole the entire festival.

The death of rock music is great exaggerated; you just need to look a little harder for it these days.

Here’s the rest of what I read this week:

Discrimination

• EEOC: Let Us Imagineer ENDA For You — via Cato Daily Podcast
• Are ride-hailing businesses Uber and Lyft ADA-compliant? Massachusetts AG has questions — via ABA Journal Daily News
• Working for you supervisor may be stressful but it is not a disability — via Mike Haberman’s Omega HR Solutions
• Why the EEOC’s rebuke of sexual-orientation bias may barely affect your workplace. — via Eric Meyer’s The Employer Handbook Blog
• 4th Cir. uses “hybrid” test for Title VII joint employer liability — via Phil Miles’s Lawffice Space
• Donald Trump will win (a Title VII lawsuit) — via EntertainHR
• 25 Years Later: Has ADA Helped Employees with Disabilities? — via Families and Work Institute Blog
• Don’t ignore these e-mails! EEOC ramps up digital charge system — via HR Hero Line
• Oy Vey! No Religious Discrimination in Jewish Nurse’s Termination — via Michigan Employment Law Advisor

Social Media & Workplace Technology

• Employees’ “low-tech” sloppiness causes high-tech problems — via Robin Shea’s Employment & Labor Insider
• Ten Top Ways To Stop Employees From Surfing The Internet — via Evil Skippy at Work
• Using Social Media Without Jeopardizing Your Career — via Harvard Business Review
• Five Technology, Media, and Telecommunications Developments Important to Employers — via Technology Company Counselor

HR & Employee Relations

• Overworked Employees Are Tearing Your Company Apart — via Blogging4Jobs
• Americans are the most pointlessly overworked people in the world — via The Week
• Congratulations, your 9-to-5 Job Is Officially 24/7 — via Workplace Diva
• Surveys Show Millennials Seeking Out-of-Office Options — via Workforce
• Look out, Generation Z is about to enter your workplace — via The Telegraph
• If You’re Pregnant, Make Sure Your Doctor’s Note Includes These Things — via Lifehacker
• Real Men Take Paternity Leave — via Fathers, Work and Family
• Fewer Employers Asking Candidates to Divulge Criminal History — via employeescreenIQ Blog

Wage & Hour

• Apple hit with class-action lawsuit over bag searches ordered on its store employees — via TiPb
• “Joy” is Lost, Others Are “Uber” Upset — via All in a Day’s Work
• Homejoy shuts down after battling worker classification lawsuits — via The Verge
• Obergefell v. Hodges — How Much Does It Really Change for Employers?? — via The Emplawyerologist
• Determining What is Considered a Serious Medical Health Condition — via ERC Insights Blog

Labor Relations

• If You Can’t Beat ‘Em, Join ‘Em: SEIU Befriending Franchisees — via Matt Austin Labor Law
• Calm Down: SCOTUS’s “Friedrichs” Case Won't Mean the End of the American Labor Movement — via Workplace Fairness