WIRTW #560 (the “more kindness” edition) #IChooseKindness

Yesterday, I asked you all to join me in choosing kindness, and talked about Richard Cook’s Don’t Hurt Anyone Project. Over on LinkedIn, Richard took the time to share his thoughts on my post, which I’m sharing with y’all here.

Hi Jon, I am all in for #IChooseKindness Go! It is wonderful to see so many supportive comments. As you mentioned, I started the #donthurtanyoneproject There are a confluence of factors that led me to create something that felt so quaint and yet so urgent. One was sitting in the crowded gate area of airports waiting for a delayed flight. In my former career I did a lot of that. Inevitably I had the opportunity to talk with quite a few individuals. Sometimes we shared many of the same perspectives. Others not so much. But never in the latter of those two categories did a person get up and move to the furthest seat from me or I the same. We didn’t shout over each other. We just talked. When boarding time came we exchanged courtesies, sometimes shook hands and a few times figured out if we could be seated together to keep talking. It was hard for me to reconcile the “Divided States of America” narrative. No doubt that Americans disagree. However, I would suggest that for every ugly incident or rant that makes the news, there are far more that stop to help a motorist with a flat, make room in their family for a foster child or volunteer to help those struggling. Those people don’t ask for recognition but we need their energy. Urgently.

Let me know that you are choosing kindness by dropping a comment below, or by sharing your thoughts on any of your social channels with the hashtag #IChooseKindness.

Here’s what I read this week:

WIRTW #559 (the “Happy Birthday D-Man” edition)

This guy turns 11 on Sunday.

Happy birthday Donovan! Please keep making us smile.

Here’s what I read the past two weeks.

Discrimination

• No lockable private room for breast-feeding at workplace: $3.8 million award — via Overlawyered
• #MeToo: Looking to best teaching practices for effective training — via Employer Law Report
• What form of discrimination do juries hate most? (But, you’re probably doing the least to address.) — via Eric Meyer’s The Employer Handbook Blog
• “Sexual harassment” in the nature of the business — via Robin Shea’s Employment & Labor Insider
• 11th Cir.: Hospital employee fired for performance, not reporting racial slur — via HR Dive
• Federal Court Declares That a Ban on Mandatory Arbitration of Sexual Harassment Claims Is Inconsistent with Federal Law — via Financial Services Employment Law
• USWNT – Enough Already, This IS RIDICULOUS! — via Compensation Cafe
• Applicants are not required to disclose a pregnancy before or after being offered a job — via Richmond Times-Dispatch

HR & Employee Relations

• Your Job Candidates and New Hires are Ghosting You. This is What You’ve Earned and 9 True Tales of Ghosting at Work — via Evil HR Lady, Suzanne Lucas
• Yikes!!! Sometimes HR Pros and Managers Can Be Personally Liable for Violations!!! — via The EmpLAWyerologist, Janette Levey Frisch
• Office pranks shouldn’t end with the ER, vomit, or tears — via Ask a Manager
• Would You Fire Starbucks Employees Who Ask People to Leave for Questionable Reasons? — via The HR Capitalist
• Everybody Deserves PTO — via Laurie Ruettimann

Technology

• Border Patrol union president: Fire agents responsible for offensive Facebook posts — via CUE, Inc.
• Security Considerations in a BYOD Culture — via Dark Reading
• NIST Issues Report on Internet of Things Cybersecurity — via Ride The Lightning
• Cybersecurity For Businesses Part 1-How Cybersecurity Has Evolved — via Accellis
• Understanding Millennials’ And Technology’s Role In The Workforce, Part One — via Forbes
• More Companies Expanding Employee Monitoring — via EntertainHR
• Your Blockchain in HR Guide In Just 5 Minutes — via Workology

Wage & Hour

• To The Victors Go Few, If Any, Spoils In Wage And Hour Suits — via Law 360
• Can You Switch a Full-Time Worker Into a Contractor? — via Evil HR Lady, Suzanne Lucas
• Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law — via Labor Employment Law Blog
• The cost of a $15 federal minimum wage — via Workplace Fairness
• Time Is Money: A Quick Wage-Hour Tip on … Time-Rounding Continue Reading — via Wage & Hour Defense Blog
• Dear Employers: You Can Go To Jail For Firing Employees Due To A Garnishment — via Donna Ballman’s Screw You Guys, I’m Going Home
• This One’s a Whopper! Court Puts Kibosh on Burger King Franchisee That Required Two Calls to Request FMLA Leave — via Jeff Nowak’s FMLA Insights

Labor

• NLRB speak on Employee Handbook Provisions (again). Private Sector Employers Take Note. — via BeLabor The Point
• The Gig Economy — via Labor Relations Institute
• NLRB Strengthens Employer Property Rights: What UPMC Means for Employers — via Hunton Employment & Labor Law Perspectives™
• NLRB Limits Duty to Bargain Over Disciplinary Actions — via Labor Employment Law Blog

OSHA & Safety

• Do I Have to Buy a Standing Desk for My Employee? — via upstartHR
• Sixth Circuit Strikes Down Workers’ Compensation Claimant Solicitation Law — via The Employment Brief
• Ohio Senate Removes Damaging Changes to Workers’ Compensation Budget — via Ohio Chamber Blog
• Nonprofit Workplaces — via Harvard Business Review
• What Else is at Issue in the BWC Budget Bill? — via Employers Workers’ Compensation Law Blog

WIRTW #557 (the “infinity and beyond” edition)

Toy Story has played a huge party in my life. Donovan is a Toy Story fanatic. He’s seen every movie hundreds of times. He has what seems like every toy and every stuffy. Until the age of 6, every article of clothing he owned had a Toy Story character on it somewhere. Buzz and Woody (but especially Buzz) got him (and, by extension, us) through some really tough times when Donovan was a toddler. How could we do anything other than see Toy Story 4 on opening night.

My four word, spoiler-free review: Go now! (Bring tissues.)

My slightly longer, still spoiler-free review: Lots and lots of tissues.

My even longer, yet still spoiler-free review: Nostalgia has a very strong pull. It’s apt that much of this movie takes place in an antique shop, a place that’s all about nostalgia. Toy Story is extraordinarily nostalgic for my family, and if this is end of the road for the series, I can’t imagine a better ending.

Here’s what I read this week:

WIRTW #556 (the “comfort zone” edition)

My comfort zone is most definitely not at a biker rally. Yet, that's where I found myself last Saturday afternoon. The things we do for our kids. 🤷‍♂️

Click here for Fake ID’s killer set opener, War Pigs, by Black Sabbath, recorded at the Ohio Bike Week Block Party.

Needless to say, I’m pretty darn proud of my (not so) little girl.

Your next chance to see them live is June 15 at Crocker Park, in Westlake, Ohio. Details here for this free show.

Here’s what I read this week.

WIRTW #555 (the “you get a shirt, and you get a shirt…” edition)

I ❤️ that my daughter’s band is now selling its own merch.

Here’s what I read this week.

WIRTW #554 (the “triumph” edition)

How do we raise our girls to become confident women? It’s a question I think about a lot as a dad to an almost teenage girl.

🙋‍♀️ We encourage them to pursue their passions.
🙋‍♀️ We get them working collaboratively with other girls.
🙋‍♀️ We put them into positions to gain leadership skills.
🙋‍♀️ We praise their successes.

While I love School of Rock for both of my kids, this is why I especially love it for my daughter.

To see an almost 13-year-old (everyone wish Norah a Happy Birth Day for Monday) command a stage with skill and passion, and with the love, respect, and admiration of her peers, older and younger, fills this dad with a ton of pride and joy.

And it tells me that she’ll be just fine as an adult, whether her journey is through music or otherwise.

So enjoy Norah doing her thing last weekend (along with Donovan’s fly dance moves), taking the lead on Triumph by the Screaming Females.

As for Norah’s own band, Fake ID, you have two chances to see them live over the next few weeks.

• June 1 @ Ohio Bike Week, in Sandusky. They’ll be on the Scott Gast Memorial Stage, at Columbus Ave. and Water St., from 3:30 - 5 pm. 
• June 15 @ Crocker Park, in Westlake. They’ll be rocking the square in front of Regal Cinemas from 5:30 - 7 pm.

Both shows are open to the public and free. Keep an eye out for the merch table to grab your official Fake ID t-shirt.

Here’s what I read this week:

WIRTW #553 (the “669” edition)

Jack Ma, the founder of Alibaba (China’s answer to Amazon), claims that he has cracked the formula to a happy and productive workforce.

His answer? 669.

What does that mean? According to The Telegraph—

“We want 669 in life. What is 669? Six times in six days; the emphasis is on nine,” he said at a company gathering, referring to sex, and using a play on words, as the word “nine” in Mandarin is a homophone for the word “long.”

He wants his employees to have long sex six times every six days. 

And you thought American employers had issues?

Here’s what else I read this week.

WIRTW #552 (the “comment of the week” edition)

Big thanks to Kristi Birkeland for the comment of the week, in response to yesterday's 12th blogiversary post.

If I ever I get the t-shirts and coffee mugs printed with this tagline, Kristi gets the first one.

WIRTW #551 (the “he went for the head” edition)

#DontSpoilTheEndGame

Really! DON’T SPOIL ENDGAME.

A Friendswood, Texas, Domino’s employee learned this lesson the hard way. He was cited by police after he assaulted a co-worker for revealing an Avengers: Endgame spoiler.

According to ABC13, no one at Domino’s wanted to talk about the incident, and the employee did not respond to inquiries.

Here’s what I read this week:

WIRTW #550 (the #NoSpoilers edition)

What are your plans this weekend? I'll be avoiding the internet until 10:30 Sunday night.

We have a 6:40 Saturday showing of Avengers: Endgame, followed by Sunday night on the couch to see if the the gathered forces of good at Winterfell can stop the Night King and his army of the dead on Game of Thrones.

😒 where is Thanos when you need him... #Eurovison #Euronvision pic.twitter.com/a1QuqCjKNP

— The Night King (@WightsKing) May 12, 2018

I'll need a Xanax and a glass of wine to get to sleep after all this is done. #NoSpoilers

Here's what I read this week:

WIRTW #549 (the #RespectIsComing edition)

You might have heard that a little show called Game of Thrones premiered it's final season last Sunday. In its honor, Sesame Street prepared a wonderful parody in which Elmo tries to mend bridges between Tyrion and Cersei by teaching them the importance of respect.

A lesson we should all to take to heart, especially at work.


Here's what I read this week:

WIRTW #548 (the “working for the weekend” edition)

I thought I'd update everyone on the summer goings-on of Northeast Ohio's favorite age-15-and-under cover band, Fake ID.

They have a busy summer. They will kick it off with a return engagement at Ohio Bike Week. After stealing the festival last year (really, go to the Ohio Bike Week Facebook page and read the reviews), they've been invited back to tear it up again.

Loverboy … and Fake ID. My 10-year-old self watching MTV in my grandparents' basement is totally freaking out.

Then, the band has a residency booked at Westlake's Crocker Park. They'll be playing on June 15, July 6, August 9, and August 20 (all from 5:30 – 7, on the square in front of the movie theater).

Pretty cool stuff for my 12-year-old daughter.

Here's what I read this week:

WIRTW #547 (the “new music Friday” edition)

Jenny Lewis just released the first great album of 2019.  

On The Line has witty and funny, yet touching and sad, lyrics, and beautiful melodies that will stick in your head. It's an album that commands your attention. I'll be shocked if it's not at the top of the "Best Of" lists at year's end. You should listen, now and often.

WIRTW #546 (the “Arrivederci” edition)

Today is good bye … but only for two weeks. My kids' school gives them that much time off for Spring Break each year. So we are headed to Italy. Rome and Florence to be precise.

I'll be back on April 1 (no foolin') with some thoughts about what I learned on my Spring Break.

In the meantime, if you have any last minute tips on what to do, see, or eat in either of these cities, drop a note in the comments below.

Here's what I read this week:

WIRTW #545 (the “International Women's Day” edition) #IWD2019

Happy International Women's Day!

I didn't always consider myself a feminist. But I'm proud to call myself one ever since May 27, 2006—the day my daughter was born.

It wasn't that I was hostile to the issue; I just never engaged in any active thought about it. Now that I have a female life for which I am responsible, I fully embrace the term.

WIRTW #544 (the “it's a shame” edition)

I love how my kid's school embraces their individuality and creativity. Back in the fall, my wife and I had a quick conversation with one of Norah's teachers about her music, which led to him suggesting that she bring her guitar to school to share a song at one of their Wednesday morning all-division meetings. After a few weather related false starts, Norah finally had her chance this week. She chose to play It's a Shame, by First Aid Kit.

I fully understand that I am a biased dad. But, I also think that my 12-year-old's cover of the song (recorded by one of her friends) was a home run. Here's the link if you want to listen.

Here's what I read this week:

WIRTW #543 (the “terrible, horrible, no good, very bad day at the office” edition)

What was your worst day at work? Does it top the day that Cleveland criminal defense attorney Aaron Brockler had this past Tuesday?

I'll let Cleveland.com explain what happened:

A Warrensville Heights man shocked a courtroom full of spectators Tuesday when he sucker-punched his own defense attorney after a judge sentenced him to 45 years in prison…. Cuyahoga County sheriff's deputies took down David Chislton after the 42-year-old struck lawyer Aaron Brockler in the face with both of his handcuffed fists.

A courtroom deputy's body camera recorded the attack.


Brockler, who suffered injuries to his face and a possible concussion, at least kept his sense of humor, joking to reporters,"It was pretty fun."

File this one under why I don't practice criminal law.

Here's what I read this week:

WIRTW #542 (the “Scared. Ashamed. Crippled.” edition)

A few days ago, Mark Goldstein, an attorney at Reed Smith, tweeted me (and others) this:

 

If you read on thing this week, read Mark's article, 'Scared. Ashamed. Crippled.': How One Lawyer Overcame Living With Depression in Big Law. We are in the middle of a mental health crisis in America. The more we talk openly about it, the more it becomes de-stigmatized, and the more comfortable those suffering will be to come forward and seek the help they need. It took a lot of courage for Mark to write this article. If you are suffering with mental health issues, or know someone who is, use Mark's example to ask for help. As Mark says, "You are not alone." We are here to help you, and will gladly do so, without judgment or scorn. 

Here's what else I read this week:

WIRTW #541 (the “Purl” edition)

Purl is an online-only Pixar short about a ball of yarn appropriately named Purl who gets a job in a bro-tastic workplace. As the only female, and only ball of yarn, working at B.R.O. Capital, she struggles to fit and yearns for acceptance from her all male, all human, co-workers. Purl's story has a lot to say about diversity and inclusion, and is well worth the just under nine minutes of your time.


Here's what I read this week:

WIRTW #540 (the “wheels off” edition)

The one question people ask me more than any other about this blog? "How do you write every day?"

My answer, "Because I love it."

The practice of law, for all of its challenges and rewards, can be mundane. This blog lets me be creative. I love the creativity of sharing information in a manner that makes it accessible and entertaining. If I didn't love this creative process, this blog would have died long ago, instead of just having passed 3,000(!) posts since it's inception nearly 12 years ago.

It is because of my love of this creative process that I implore you to check out Rhett Miller's new podcast, Wheels Off. It's conversations with creative people about their creative processes. Each of the first three episodes are outstanding listens, but my favorite thus far, the most interesting and engaging discussion, is Rhett's talk with Rosanne Cash. (Labor law bonus points for Cash, who discusses the musical she's writing based on the story of famous union organizer Norma Rae.)


The earnestness and passion of each as they share why they create as their careers is genuine and moving.

If you create anything in your lives, either as a vocation or avocation, or have any interest at all in those who do, I implore you to subscribe to Wheels Off in your podcast app of choice, and add each episode to your weekly listen.

Here's what I read this week: