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.

The 11th nominee for the “worst employer of 2020” is … the horrific human traffickers

Today's nominee for the Worst Employer of 2020 is beyond description. NBC Bay Area provides the details:

A Gilroy couple has been charged with human trafficking after forcing a man to work 15-hour shifts seven days a week for no pay at their liquor store and then locking him inside the store overnight, the Santa Clara County District Attorney's Office said Monday.

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

His approach is wrong and dangerous.

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.

1. Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.


2. Each business will be responsible for ensuring that customers and employees are wearing masks.


3. A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers' compensation, will inspect to ensure compliance.


4. First violations will receive a written warning, and a second will result in a 24-hour closure of the business.

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.

According to a recently published CDC study, employees who work in an office setting are nearly twice as likely to contract COVID-19 than employees who work from home. 

Four Years

November third 2020
Sitting anxiously on my bedroom floor
I've got other things to worry about
Like how I did on my test today
But rather than worrying about my grades
I'm afraid my rights are gonna get taken away

That's the opening verse to Four Years, a song my 14-year-old daughter wrote on the afternoon of Election Day. She's really proud of it and I'm really proud of her; with her permission, I'm sharing it with you.

Elections profoundly impact people. They matter. This year's election hit harder and mattered more than any other in my lifetime. I've enjoyed watching that impact through the eyes of my two kids, who aren't yet old enough to vote or to have a meaningful voice in the process. I know one of mine is very much looking forward to four years from now when she can turn her voice into a vote for the first time.

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.

During the ongoing COVID-19 pandemic, these policies are not only unnecessarily cruel, but they also might be illegal.

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.

Coronavirus Update 11-5-2020: OSHA levies $2 million in COVID-related citations and penalties

Are you tired of the endless din of vote counts and election news? Let's get back to the uplifting topic of the ongoing COVID-19 pandemic.

OSHA recently announced a spate of COVID-related citations totaling $2,025,431 in fines. 

If you care about the future of democracy, then we have to count every single vote

As I type at 6:30 am on the morning after, we still don't know who won the presidency. There are 9 states and 87 electoral votes undecided, and few of those states (Arizona, Wisconsin, Michigan, Georgia, and Pennsylvania) will ultimately determine the winner.

Yet, in the wee hours of the morning, Donald Trump took to a White House podium and stated his clear and unambiguous intent to go to the Supreme Court to stop the counting of outstanding votes, which he says is "a fraud on the American public." 

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.

When I feel this way, I turn to music to calm me. So I thought I'd share my Desperate Times — Songs to Survive By playlist (ed. note: not everyone would consider all of these songs to be "calming," but my list my songs). Some are protest songs that feel particularly timely and some just flat out bring an optimistic smile to my face.

How are you planning to survive these stressful days with your sanity intact? Any songs you'd recommend I add to my playlist? Drop a comment below, @ or DM on Twitter, or leave a comment on LinkedIn here.

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.

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?!

Coronavirus Update 10-28-2020: The 10th nominee for the “worst employer of 2020” is … the whistleblower whacker

SHRM, the Society for Human Resource Management, describes itself as "the foremost expert, convener, and thought leader on issues impacting today's evolving workplaces." Physician, heal thyself!

According to a recent lawsuit filed against SHRM (as reported by The New Yorker), SHRM may have a huge whistleblower retaliation problem on its hands.

Time to make sure your business has an Election Day plan. #vote

Election Day is in seven days. By all predictions, this election will see a record number of voters. As long as Election Day remains a working day, employees will show up to work late, leave work early, or take long lunches, just so that they can vote.

Please make sure your employees have sufficient time to do so. For starters, it's important that employees are able to exercise their voting rights. Secondly, at least here in Ohio, it's the law.

Results—Would you boycott a business based on the candidate it supports? #vote

The results are. Thank you to the 244 of you took the time to answer my question: Would you boycott a business based on the candidate whom it (or, more accurately, its ownership) supports for President in this election?

The results:

Yes = 58.6%
No = 41.4%

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. 

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."

No longer does one qualify as a "close contact" by being within 6 feet of someone for 15 continuous minutes or more. 

The CDC now defines "close contact" as:

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."

Would you boycott a business based on the candidate it supports?

Over the weekend I got into an interesting discussion on Twitter with a couple of my favorite musicians, Brendon Benson and Caitlin Rose. Here's the question:

would you boycott an artist or actor based on the candidate for whom their voting, in this POTUS election?

— Brendan Benson (@brendanbensongs) October 18, 2020

I'd like to expand this topic further and ask, Would you boycott a business based on the candidate whom it (or more accurately, its owner) supports for president in this election? 

PLEASE don’t tell your employees which candidate to vote for

This post at the Evil HR Lady Facebook group caught my attention yesterday:

Florida company's president warns employees their jobs could be in danger if Trump loses election

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.  

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.

What we’ve got here is a failure to communicate

An employee suffers an injury that prevents her from operating a motor vehicle. With no means of transportation to travel to and from her workplace, the employee calls off work, believing that her absences were excused. They weren't, and the employer fires her for excessive absences.

She sues, claiming disability discrimination, in part because of the company's failure to accommodate her inability to drive.

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.

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.

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.

People I don’t understand

Earlier this week I saw the following (brilliant) ad put out by a group calling itself Dog Lovers For Joe.

It reminded me of a list I've been compiling for the past several years. I had originally called it "People I Don't Trust." Subsequently, however, I've swapped "trust" for "understand."

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. 

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.

It's that last part I want to talk about. HuffPost asks if White House employees could lodge an OSHA complaint about the President's COVID recklessness? I'd answer that question with a solid and resolute "thumb's up." The bigger question, however, is whether OSHA would do anything about it.

Coronavirus Update 10-6-2020: Fired for COVID-19, or fired for irresponsibility

Prada v. Trifecta Productions, filed a few weeks ago in federal court in Ann Arbor, Michigan, asks whether an employer can legally fire an employee with COVID-19 based on the perception that the employee's out-of-work activities placed the business at risk.

The facts are fairly simple. Nicolas Prada, worked as a waiter and assistant manager at Tomukun Noodle Bar. On  June 24, 2020, he began experiencing COVID-19 symptoms and stayed home from work. He tested positive three days later. After 14 days of isolation, Prada texted his employer about being medically cleared to return to work. 

Coronavirus Update 10-5-2020: Your employees should never learn about positive test from anyone but you

Ninety percent of the [White House] complex most certainly learned about it in the news, as has been the case ever since. There are reports that COVID is spreading like wildfire through the White House. There are hundreds and hundreds of people who work on-complex, some who have families with high-risk family members. Since this whole thing started, not one email has gone out to tell employees what to do or what's going on.

– Anonymous White House Senior Official

If your employees are learning about a positive COVID-19 diagnosis from anyone other than from an official communication from you as their employer, you have failed in your duty as their employer. 

Friday follow-up: Covid quarantine/isolation, politics at work, and crab people

With the shocking news that Donald and Melenia Trump have tested positive for COVID-19 (along with Hope Hicks, one of Trump's top advisors and key inner-circle members), I thought it is a good time to review the CDC's rules for quarantine (how long you must stay away from others when you've been exposed to someone with Covid) and isolation (how you must stay away from others when you have Covid).

7 tips to manage political discussions at work

Did you watch the Presidential Debate Tuesday night? Do you think it showcased the best of America? If you do, I think you were tuned to the wrong channel. In fact, I'd argue that it was the low point of American presidential campaign history, if not all of Amerian presidential history.

Our country is broken. We are more divided than we have been in 155 years. This division also exists among your employees. Approximately half will be Red/Republican/Trump and the other approximate half will be Blue/Democrat/Biden. Given our 24/7 news cycles, social media, and the overall unavoidability of this election, these issues will bleed into discussions among your employees at work, and outside of work on social media and otherwise. 

Coronavirus Update 9-30-2020: Covid, hazard pay, and overtime

Wage and hour compliance is complicated enough for employers. Layer a pandemic on top of wage and hour compliance, and you have an absolute nightmare for companies.

Consider, for example, hazard pay.

Coronavirus Update 9-29-2020: The 9th nominee for the “worst employer of 2020” is … the covid denier

The human resources manager for a New Hampshire company is suing her former employer after she sent an email about COVID-19 to employees and required two employees to stay home for one week after going on vacations to China and Malaysia. 

She claims company officials told her she was being fired for "exaggerating 'the China Virus.'"

What one debate question would you ask each candidate?

Tomorrow night, a mere 16 miles from my home, President Trump and Vice President Biden will step in front of the cameras to make their respective cases to America in the first of three debates. Eight years ago, some of my blogging friends and I got together to propose the debate questions we'd ask each of the candidates if we had the power to do so. Given the current state of our Republic and what's at stake when we vote, we thought it would be a good idea to revisit this collective idea and do it again. 

Here is are my "one questions" for President Trump and Vice President Biden.

Coronavirus Update 9-25-2020: The show must go on

This year has been challenging for everyone. COVID-19 has forced everyone to be innovative with everything. Case in point, high school theater. 

Tonight and tomorrow Norah will make her theater debut in Lake Ridge Academy's performance of The Brothers Grimm Spectaculathon. Norah is playing multiple roles, including what I'm told is a hilarious Crab Person and Little Red (I believe it's red as in the color of her MAGA hat, and not red as in the color of her hood).

Coronavirus Update 9-24-2020: Comorbidities, Covid-19, and your employees

Let's talk about comorbidities. A comorbidity is the simultaneous presence of two chronic diseases or conditions in a patient. In the case of COVID-19, certain comorbidities are known to increase one's risk for a more severe illness.

DOL publishes proposed regulations that would make it easier for employers to classify workers as independent contractors

Yesterday, the U.S. Department of Labor announced a proposed rule amending its regulations on how to determine whether a worker is an employee covered by the Fair Labor Standards Act or an independent contractor not covered by the FLSA. This proposed rule is significant because the FLSA lacks clear guidance on these important definitions, which has left employers struggling, scrambling, and risk-taking to properly classify workers for purposes of paying overtime and other wage/hour obligations.

“Religious freedom” ≠ freedom to discriminate (but sometimes it must be accommodated anyway)

The EEOC has sued an Arkansas Kroger after it fired two of its employees for allegedly objecting to its new dress code that required employees to wear an apron that contained rainbow-colored heart insignia. 

According to the EEOC, the women believed the insignia endorsed LGBTQ values, which contradicted their personal religious beliefs. As an accommodation, one offered to cover the insignia and the other offered to wear a different apron without it. The EEOC says that Kroger refused their accommodation requests, disciplined them, and ultimately fired them.  

Coronavirus Update 9-21-2020: the CDC continues to create a mess for employers on testing; and a word on RBG

Last Friday, the CDC yet again updated its guidance for COVID-19 testing. If you're keeping count, this is the CDC's fifth set of testing rules.

What's changed? 

Due to the significance of asymptomatic and pre-symptomatic transmission, this guidance further reinforces the need to test asymptomatic persons, including close contacts of a person with documented SARS-CoV-2 infection.

Coronavirus Update 9-18-2020: advocacy for others as protected conduct under the ADA

In Kirilenko-Ison v. Board of Education of Danville Independent Schools, the 6th Circuit Court of Appeals held that an employee who engages in advocacy with their employee regarding the rights of a disabled third-party engages in activity that the ADA protects from retaliation. 

That case involved two school nurses fired alleged for advocating for the rights of their disabled students. It's not difficult, however, to see how this holding translates to a situation involving, for example, COVID accommodations for employees

Coronavirus Update 9-17-2020: The pandemic plight of working moms

There is no doubt that the COVID-19 pandemic has been tough on employees. A recent report published by Policy Matters Ohio illustrates just how tough it's really been.

• Ohio had fewer jobs in April 2020 (4,704,000) than at any time in the past 30 years.
• At the height of COVID-related unemployment, 31.7% of Ohio workers were out of work because of employer layoffs, furloughs, and closures.
• Unemployment peaked at 17.3%
• While unemployment and jobless numbers are starting to rebound, there are still nearly 600,000 fewer jobs in Ohio now than at the start of millennium. 

As bleak as these overall statistics are, I want to focus on another aspect of the report—the plight of working mothers.

According to the report, working moms have taken the brunt of the wave of employees working from home.

• Working moms with young children reduced their work hours four to five times as much as fathers did nationally, widening the work hours gap between men and women by 20-50%. 
• The current recession has increased the gender pay gap by five percent, seven points higher than what we typically experience in other recessions (in which the gender pay gap is normally reduced by two percent). 

What does this mean?

Men and women are about equally likely to be able to work from home, but the burden of new unpaid care work falls especially heavily on women.… Added child-caregiving responsibilities are competing with women’s paid work and in some cases forcing women out of the labor force altogether, with consequences for their careers that could be permanent. Women may never recover the career losses they face to support their families’ child care needs through the crisis. The pay gap with men, which has been narrowing over recent decades, could be wrenched open once more for years to come.

What is an employer to do?

1. Remind supervisors and managers that family responsibility discrimination is illegal. While Title VII does not expressly include “family responsibility” as a protected class, the EEOC has long held that Title VII’s prohibits discrimination against parents as parents if you are treating some more favorably than others (e.g., dads better than moms, or men better than moms). There are also, a few states that expressly prohibit parental discrimination. If, for example, you have to make decisions about layoffs, you should be considering whether working parents are disproportionately included.


2. Consider accommodations to aid working parents. Work from home is already an accommodation, but there are others that could help here. Modified work schedules (which the Department of Labor favors in its FFCRA guidance), designated breaks, and the provision of additional work supplies such as laptops and printers could all ease the burden on parents working from home. Our goal here should be helping employees figure out solutions to get their job done, not harming employees (and the business) by erecting barriers that prevent it.

* Photo by Leonard Beck on Unsplash

Coronavirus Update 9-16-2020: Federal court holds state indefinite Covid-closure orders are unconstitutional

In County of Butler v. Wolf, Judge William S. Stickman IV of the United States District Court for the Western District of Pennsylvania (a recent appointee of President Trump) held that state-imposed shutdown orders that closed businesses, required people to stay home, and placed limits on public gatherings—all aimed at stopping the spread of the COVID-19 pandemic—were "well-intentioned" but unconstitutional.

At issue was a series of business closure and stay-at-home orders issued by Governor Tom Wolf of Pennsylvania shortly after the start of the COVID-19 pandemic.

Judge Stickman concluded these orders were unconstitutionally overbroad.

Coronavirus Update 9-15-2020: Is your business ready for the coming “tidal wave” of COVID-19 employee lawsuits?

• A Texas man sues, claiming he wasn't allowed to keep teleworking after the office reopened
• A Kentucky worker sues after being fired for complaining about a lack of face masks at work
• An older New York employee sues, claiming he was laid off because he was in a "vulnerable" COVID age group

These are but a few of the dozens (and exponentially growing) lawsuits that employees have filed all over the country over COVID-related concerns.

Coronavirus Update 9-14-2020: DOL issues revised FFCRA regulations; what’s changed and what hasn’t?

In early August, a New York federal district court judge issued an order invaliding several key provisions in the DOL's FFCRA regulations. Last Friday evening, the DOL responded with revised regulations that left most of its prior regulations intact, while also make a few common-sense amendments. 

Here's what the DOL did, and did not, change in response to the court's order, and why.

Coronavirus Update 9-11-2020: The anatomy of a losing legal argument

Deborah Kofler worked for Sayde Steeves Cleaning Service as a residential and commercial cleaner. Beginning on April 1, Kofler requested paid leave under the Families First Coronavirus Response Act to care for her two minor children who were at home beacause of COVID-19 related school closures. One week late Sayde terminated her employment.

Kofler sued for retaliation under the Fair Labor Standards Act.

In responding to Kofler's lawsuit, Sayde sought dismissal, arguing that Kofler is alleging retaliation under the FFCRA and did not plausibly allege that she engaged in protected activity under the FLSA.

Coronavirus Update 9-10-2020: The coming wave of Covid-related age discrimination lawsuits

The EEOC has sued Ohio State University for age discrimination, alleging that the school discriminated against a 53-year-old human resources generalist because of his age by assigning a substantial substantial portion of his duties to a short-tenured co-worker 25 years his junior. 

"If a termination is age-discriminatory, dis­guising it behind a supposed reduction in force will not change that," says EEOC Regional Attorney Debra Lawrence in discussing the filing of the lawsuit.

What does this lawsuit, which challenges a termination that occurred all the way back in March 2018, have to do with the COVID-19 pandemic? 

Coronavirus Update 9-9-2020: The 8th nominee for the “worst employer of 2020” is … 🎶 it’s corona after all 🎶

It's a world of sickness
A world of tears
It's a world of death
And a world of fears
There's so much that we share
That it's time we're aware
It's corona after all

Disneyland is "The Happiest Place on Earth" … unless you're among the group of employees claiming that it forced them to work while they were sick with COVID-19.

Diversity training is the opposite of “anti-American"

Late last week, Russell Vought, the Director of the Office of Management and Budget, issued a memo directing that from this point forward, the federal government will spend zero federal dollars for diversity training for its employees. Why? Because President Trump has concluded that diversity training is "divisive, anti-American propaganda."

Coronavirus Update 9-4-2020: “Normal"

Last Saturday, for one glorious evening, I felt "normal." I dined out at a restaurant for the first time in nearly six months.

Colleen and I celebrated our 17th anniversary. Plan A was to import Maine lobsters, smoke them on my grill, and enjoy them with a great bottle of Italian wine I had picked up our our favorite wine shop. That plan fell apart, however, when I learned that FedEx won't guarantee Saturday delivery to my home. 

So we moved to Plan B. We cautiously and nervously decided to brave a restaurant for an outdoor meal.

Coronavirus Update 9-3-2020: County health department fires five for quarantine order violation

Erie County, Ohio, has fired five health department employees for violating a quarantine order. What happened? Fox 8 provides the details:

Five Erie County General Health District employees are now out of a job after allegedly attending a pool party thrown by a worker, who was supposed to be quarantined.

"I am not going to tolerate it as a health commissioner and the board isn't going to tolerate it as our appointing authority," said Erie County Health Director Peter Schade. "How can we expect folks to follow an order when our own staff didn’t do it?"

Schade said the incident happened in early July after three workers were exposed to COVID-19 and placed on work quarantine orders.

Coronavirus Update 9-2-2020: Ohio set to activate COVID-19 liability shield for businesses

Both houses of Ohio's legislature have passed legislation that will grant a liability shield to businesses for claims related to COVID-19 exposure or infection.

The legislation, which Governor DeWine has indicated he will sign into law, would grant immunity from civil actions for damages based in whole or in part that an injury, death, or loss to person or property was caused by the exposure to COVID-19, unless one can prove that the exposure was by reckless conduct, intentional misconduct, or willful or wanton misconduct on the part of the person or entity sued.

Coronavirus Update 9-1-2020: Vaccines — can an employer require them; should an employer require them?

There are currently more than two dozen COVID-19 vaccines in development world wide, as pharmaceutical companies race to perfect a viable vaccination to halt the ongoing pandemic. 

When (and it's a big when) one or more vaccines becomes available, can an employer require it of their employees as a condition of employment? 

Coronavirus Update 8-28-2020: New music Friday / Old 97’s, “Twelfth”

"You know that feeling when you reunite with an old friend and it feels like nothing's changed? That feeling of comfort and camaraderie is kind of what it's like listening to Old 97's." That's how Raina Douris, the host of WXPN's World Cafe, recently described my favorite band when introducing her interview with their frontman, Rhett Miller. It's as if she read my mind every time I hear an Old 97's song.

Last Friday, Old 97's released their twelfth studio album, appropriately titled, "Twelfth." I've listened to it at least that many times since it released, and it already stands among their best (which from me is very high praise).

A pisser of an invasion-of-privacy case: Ohio Supreme Court find no cause of action when employer watches an employee give a urine sample for a drug test

Is the privacy of an at-will private-sector employee invaded when a representative of the employer watches him or her give a urine sample for a workplace drug test?

Yesterday, in Lunsford v. Sterilite of Ohio, the Ohio Supreme Court answered this question in the negative.

Coronavirus Update 8-26-2020: New DOL guidance explains employers’ obligation to track compensable telework time

With more employees working from home than ever before (thanks to COVID-19), employers are facing the new reality of tracking working time for remote workers and paying for that time.

The DOL recently published a new Field Assistance Bulletin explaining the obligation of employers to pay for non-exempt employees' "working time" and the obligation of those employees to track this time. It's not a change in the law, but instead a great reminder of the obligations the FLSA imposes on employers and employees. 

Coronavirus Update 8-25-2020: This example of WFH is WTF

Alison Green, who pens the super engaging and helpful Ask A Manager blog, reached out to me to help with a reader question.

You should jump over to Alison's post to read the whole bonkers scenario, but the TL;DR is that an employee's spouse asked about the legality of an employer-installed app on her work-from-home husband's phone that audio recorded everything happening in the home (whether work related or not).