The biggest workplace story of 2022

Last Friday, workers won the first-ever union election at an Amazon warehouse (a fulfillment center in Staten Island, New York). This is the biggest workplace story of the year, and it won't even be close. 

Here's why.

WIRTW #619: the “update” edition

To wrap things up this week, I thought I'd update two stories.

1/ UCLA Unpaid Job Posting

In addition to taking down the offensive job posting, UCLA tweeted this update.

Had UCLA included some of this reasonable explanation as part of its job posting, it could have avoided being excoriated online.

2/ Brienne Allan

Brienne, now of Brave Noise Beer, recently appeared on the Good Beer Hunting podcast to discuss what her year has been like since her Instagram post asking for stories about sexual harassment and gender discrimination in craft breweries went viral. It's a great listen. My takeaway (which will be fodder for a future post): Is your business an ally, or are you just afraid of being canceled?

I'm taking a much-needed vacation next week. I'll be back on April 4 with fresh content for y'all. Try not to miss me too much.

Here's what I read this past week that I think you should be reading, too.

Starbucks employees are trying to “kick down the door” across the entire food and beverage service industry

Less than one and one-half miles away from the flagship Starbucks that launched a global coffee empire five decades ago, employees unanimously voted for their shop to unionize. It became the seventh such store to vote to unionize, joining five stores in Buffalo, New York, and one in Mesa, Arizona. Of the 157 (and rising) Starbucks currently organizing or planning to organize, only one thus far (also in Buffalo) has sided with management.

Pay careful attention to what the employees of the Seattle store that just went union told The Seattle Times in speaking about what this vote means for employees in the food and beverage service industry generally.

The nuts and bolts of your company code of conduct

Yesterday I explained why your company needs a code of conduct separate from or adjunct to your already-existing anti-harassment policy. 

Today, I'm back to explain what it should contain, to whom it should apply, how violations are addressed, and how it should be disseminated.

Does your craft brewery or other company have a code of conduct?

Meet Brienne Allan, a brewer at Notch Brewing in Salem, Mass. In May 2021 she asked a simple question in an Instagram Story— "What sexist comments have you experienced?"

What followed were hundreds upon hundreds of stories of sex-based discrimination, harassment, and other abuse.

I’m going to say this loudly for the people in the back: IT’S ILLEGAL FOR EMPLOYEES TO WORK FOR FREE

I woke up Saturday morning to a tweet asking me for my take on this job posting.

I'm going to say this one time, really loudly, for the people in the back.

FREE WORK IS ILLEGAL

(in almost all cases)

WIRTW #618: the “o sole mio” edition

Over the years I've shared a lot of videos of my daughter performing. At the Rock & Roll Hall of Fame. At Ohio Bike Week. At the Best of Cleveland Party. On stage with Roger Waters. On stage with Rhett Miller. A lot of videos. (I'm a proud dad. What can I say?)

Here's another, albeit of a very different kind of vocal performance.

View this post on Instagram

A post shared by Jon Hyman (@jonhyman)

Here's what I read this past week that I think you should be reading, too.

Just because “caregiver” isn’t a protected class doesn’t mean it isn’t sometimes illegal to discriminate against them

No matter how many times you read our federal workplace anti-discrimination laws, you won't find the word "caregiver" among the litany of protected classes. Yet, it has been clear since the earliest days of this blog that in the proper circumstances "caregiver discrimination" is illegal.

Earlier this week the EEOC updated its Covid-19 guidance to discuss these caregiver-related issues.

Caregiver discrimination violates the laws enforced by the EEOC if it is based on an applicant’s or employee’s sex (including pregnancy, sexual orientation, or gender identity), race, national origin, disability, age (40 or older), or another characteristic covered by federal employment discrimination laws. Caregiver discrimination also is unlawful if it is based on the caregiver’s association with an individual with a disability, or on the race, ethnicity, or other protected characteristic of the individual receiving care.

In a stunning move, billion-dollar Starbucks investors urge the coffee retailer to go “union neutral”

Trillium Asset Management, which holds $48 million of Starbucks stock, is leading the charge on behalf of a billion-dollar-plus group of investors to push the coffee retailer to adopt a "union neutral" stance.

To date, more than 130 Starbucks stores in 26 states have petitioned the NLRB to unionize. Of the seven stores that have held elections so far, six have voted to unionize. 

According to the letter sent to both Mellody Hobson, Independent Chair of the Starbucks Board of Directors, and Kevin Johnson, its CEO (and obtained by CNBC), there exists grave investor concern that reports of Starbucks' "aggressive union-busting tactics" will harm the brand and its reputation (and, by extension, sales, profits, and, ultimately, share value).

Does your employment lawyer speak emoji and meme?

After a workplace discussion between employees about employees had been discussing concerns about a superior's management style, an employee goes to management to complain about having an unmanageable workload. That night, that same employee posts the following on his personal Facebook page. 

Just in case someone needed to know 🤷 

Employees don’t leave Companies, they leave Managers

At least 90 peple liked the post, including two co-workers who commented in support. The next day the employee was fired for alleged job performance mistakes. 

The fired employee files a charge with the National Labor Relations Board, claiming that he was fired in retaliation for engaging in protected concerted activity — his Facebook post. 

The NLRB concluded that the employee case presented a credible claim to litigate.

We conclude the Charging Party engaged in protected concerted activity because the Facebook post elicited support from coworkers over scheduling, management, and employee attrition, issues that had been topics of concern for employees. 

The post, as written, objectively sought to elicit support from coworkers and other employees—who were Facebook friends and would therefore see the post—regarding the perceived poor management practices that would lead to employee attrition.… [A]t least two of these employees' responses indicated their support for the Charging Party's message that bad management practices lead to a loss of employee morale and employee attrition.… Moreover, the Charging Party's post and the comments it elicited were a continuation of the Charging Party's earlier conversations with numerous other employees about the quality of the Employer's supervision.…

Non-text communications, such as emojis and memes, can be just as communicative as text and prose, and when they communicate a message the law treats them no differently. If your employment lawyer isn't conversive in emojis, memes, TikToks, and other newer forms of communication, it's time for a new lawyer. Your employees are speaking like this. You need to understand it, and so does your lawyer.

The 5th nominee for the “Worst Employer of 2022” is … the sh**ty superior

I thought I had seen all variety and manner of worst employer. Then Suzanne Lucas sent me this story.

Boss who gave employees energy drink 

mixed with colon cleanser gets sentenced

WIRTW #617: the “drive-thru” edition

Earlier this week I had the pleasure of guesting on DriveThruHR, one of the oldest and (in my opinion) best HR radio shows/podcasts. We discussed the end of my pandemic practice, the start of my craft beer practice, how alcohol is in my blood (and not in the way you might think), the sudden and successful rise of the labor movement, and some worst employers. Thanks to Mike VanDervort for the invite, and Mike and Robin Schooling for the discussion. 

You can listen here, or wherever you get your podcasts.

Here's what I read this past week that I think you should be reading, too.

Local bag company learns an expensive lesson on wage and hour compliance

A federal judge has ordered American Made Bags to pay $189,756 to a group of 48 employees, half as unpaid wages and half as liquidated damages.

The allegations that came to light in two separate Department of Labor investigations that date back to 2014 include the misclassification of employees as independent contractors, the payment of the employees' regular rate instead of the statutorily required time and half rate for overtime hours, and the failure to keep records of amounts paid to employees. 

The wage and hour risks of rounding

"Iraene" asks the following question on the Antiwork subreddit.

I was told to round down or round up my time. So if I start work at 7:55 I need to put 8. If I work 37 minutes, I should round down to 30, instead of 45 because this is a common business practice. Is this normal? I have entered exact times on the card and into ADP so idk why it's a problem now.

While this practice as explained appears to be legal, it doesn't necessarily mean it's a good idea for the employer, at least according to this employment lawyer. 

Let me explain.

The time has come to limit the overuse and overbreadth of noncompetition agreements

It's been nearly five years since I asked this question: "Is your non-compete agreement killing a fly with a sledgehammer?" Now it seems that the federal government is asking the same question.

Yesterday, the Treasury Department published its report, "The State of Labor Market Competition" (as reported by The New York Times). The report sought to answer to investigate the effects of a lack of labor market competition on our country's labor market and answer whether that lack of competition hurts labor markets.

One of the key issues the report addresses is the impact of the overuse of noncompetitive agreements and other post-employment restrictive covenants. The report calls for laws or regulations to limit the use and impact of these agreements.

THIS is why craft breweries need to pay very close attention to labor unions

It was a simple question posed in the Craft Beef Professionals Facebook group: "Conversations on fair compensation are extremely important in our industry. What is a brewery that impresses you with the way they treat their team?" 

Out of the dozens of responses, this one should scare the hell out of any craft brewery owner: 

The IWW is looking into this and the other plethora of issues we face as workers in this industry. Reach out to brewing@iww.org if you're interested in creating a better work environment near you.

When I scream at the top of my lungs to craft breweries that they need to pay attention to union organizing, this is why.

WIRTW #616: the “cocktail” edition

Have you heard about Pravda Brewery, in Lviv, Ukraine. It has stopped producing craft beer and instead is making Molotov cocktails for the Ukrainian Territorial Defense Forces.

Yuri Zastavny, the brewery's owner, told Fox News that he and his workers decided to use their knowledge of chemistry, skills, supplies, and labor to contribute to the fight.

"Once we understand what can come through beer — because it’s no time for beer, we need to get other things sorted out — we decided to make Molotov cocktails because we can use bottles, we can use the people, and it was a grassroots idea." 

Zastavny added, "If you can brew, then you can make Molotov cocktails."

This is most definitely not what I had in mind when I decided to become a beer lawyer.

Here's what I read this past week that I think you should be reading, too.

Brewery CEO out after backlash to controversial vaccine comments

Vaccine mandates are a crime against humanity.

If you are not speaking out against them, you are a conspirator.

Those are the words Josh Stylman, the co-founder and now former CEO of Brooklyn, New York's Threes Brewing, recently shared on his personal Twitter account. He's also compared vaccine mandates to Jim Crow laws, the Nazi regime, and other historical atrocities. 

I’m not quite ready to declare the pandemic over, but I am ready to stop writing about it every single day

Nearly two years ago, I re-branded the Ohio Employer Law Blog as the Coronavirus Law Blog. It was a bit of marketing combined with the realization that Covid would be all that mattered to employers, at least in the short term.

That "short term" will turn two years old in nine days.

Today, however, I am officially re-re-branding the blog back to the Ohio Employer Law Blog.

If you want to get yourself into discrimination hot water, stereotype your protected-class employees

To cases recently settled by the EEOC illustrate the point that stereotypes of protected-class employees are a quick path an expensive lesson.

• Ranew's Management Company agreed to pay $250,000 to settle a disability discrimination claim after it fired an employee based on a "lack of trust" instead of permitting her to return from a leave of absence resulting from severe depression.

• American Freight Furniture and Mattress agreed to pay $5,000,000 to settle a sex discrimination lawsuit based on allegations that managers made hiring decisions based on bias and stereotypes, including that women would not "do as great a job at selling furniture as men," could not work in the warehouse because "women can’t lift," and that female employees would be " distraction" to their male coworkers. 

Coronavirus Update 2-28-22: CDC eliminates mask guidance for 70% of Americans

The CDC has issued new mask guidance based on the level of Covid-19 in a specific county. 

• In counties with a low level of Covid (green) — individuals are permitted to remove masks.

• In counties with a medium level of Covid (yellow) — individuals who are at high risk for severe illness are recommended to talk to their healthcare provider about whether they need to wear a mask and take other safety precautions.

• In counties with a high level of Covid (red) — individuals are recommended to wear a mask indoors in public.

WIRTW #615: the “prayers” edition

I pray for the people of Ukraine.

I pray for democracy.

I pray for diplomacy.

I pray for Europe.

I pray for troops everywhere, ours and everyone else's.

I pray that we are not seeing the beginning of WWIII.

I pray for peace.

I pray that I'm wrong about WWIII, but as a student of history I don't think I am.

Here's what I read this past week that I think you should be reading, too.

I hate “Tattleware”

I thought I had my next Worst Employer nominee. News broke yesterday of the mass exodus of employees from real estate company CoStar after allegations came to light of the company spying on work-from-home employees through the cameras on the company-issued laptops. I even had the post written. 

But in further researching the issue I came across this story that ran yesterday on the Today Show: 'Tattleware': How your boss might be tracking your remote activity. 

Its use skyrocketed as most companies switched to a work-from-home model during the Covid-19 pandemic.

Tip credits and tip pools — the tip of the FLSA iceberg

No employment law is more misunderstood and misapplied by employers than the Fair Labor Standards Act, our federal wage and hour law. There are more than 8,000 federal FLSA lawsuits filed per year, with nearly one-quarter filed against employers in the accommodation and food service industry … including craft breweries. 

These employers get themselves in legal trouble because of the special manner in which service industry employees are compensated. If you employ workers who customarily and regularly receive more than $30 a month in tips (and every craft brewery does), there are two key FLSA phrases you must understand to avoid FLSA landmines — tip credit and tip pool.

Vacation (all I ever wanted) — 7 tips to encourage your employees to use their paid time off

"AITA for turning my work phone off on vacation?" That's the question that someone recently posted on the eponymous subreddit.

The recently promoted employee disconnected during his vacation. During a moment of downtime, he powered up his work phone, only to find this voicemail from his new manager, demanding to know why he wasn't zooming in for meetings.

I checked my phone voicemail and the unknown number was him saying he "hoped there was a damn good excuse for why I was off the grid" if I wanted to keep my job. He even started out the voicemail with "I'm so sorry you’re in the hospital because that's the only reason I should be needing to hunt you down like this." In slack I had a few dms from coworkers I feel I get along with saying I need to reply ASAP because my absence was impacting them with how mad our boss was.

No, he's not the a***ole.

This dissenting opinion in the United Airlines vaccine-mandate case is 58 pages of pure judicial rage

It's been a little over three months since a federal district court in Forth Worth, Texas, denied a preliminary injunction to a group of unvaccinated employees of United Airlines challenging its vaccine mandate. The court so ruled because the employees, whom United had placed on an unpaid leave of absence, had a viable claim for money damages and with that adequate legal remedy couldn't simultaneously seek an equitable remedy. 

It's been a little over two months since a three-judge panel of the 5th Circuit Court of Appeals declined to issue an injunction pending the appeal of that district court decision. 

Late last week, however, a different three-judge panel of that same appellate court concluded that the employees had established irreparable harm to support their claim for injunctive relief and sent the case back to the district court to reconsider its prior ruling in light of that holding.

WIRTW #614: the “North Star” edition

I spent yesterday at my kids' school, Lake Ridge Academy. With the assistance of Grant Lichtman, an internationally recognized thought leader in the drive to transform K-12 education, I, along with the school's faculty, staff, and administration, some other parents, some students, and my fellow board members, spent the better part of the day brainstorming to determine the school's North Star — the one thing that will move the school forward with us all moving in the same direction, or, to put it differently, the one thing that will make us irresistible.

We learned a lot about us as a school and where we want to be. It was a rewarding, engaging, and energizing exercise from which any organization (or person) would benefit. 

What is your North Star? Or your business's North Star? Share in the comments below.

Here's what I read this past week that I think you should be reading, too.

An employer has disability discrimination problems if the interactive process isn’t interactive

You'd think an employer with the name Opportunities for Ohioans with Disabilities would know a thing or two about complying with workplace discrimination laws. 

You'd think.

A step in the right direction to ending workplace sexual harassment

When is the last time you recall Congress agreeing on anything? Well, it happened last week, when the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (full text here.)

Simply, once signed by President Biden (which should happen imminently), any agreement that requires an employee to submit a sexual harassment claim to private arbitration, or waive their right to participate in a class or collective action, would be invalid and unenforceable. 

What do you do for a living?

The question, "What do you do for a living," doesn't have a straight-line answer. My law firm bio offers several answers. 

There is a lot to unpack in that bio.

The 4th nominee for the “Worst Employer of 2022” is … the WTF racist

I can't do these truly awful allegations of systemic racism, racist harassment, and retaliation any more justice than the actual allegations from the lawsuit that the California Department of Fair Employment and Housing just filed against Tesla.

They are the worst allegations of workplace racism I've ever encountered. They start with claims of a segregated workplace with the Black section referred to as the "porch monkey station," the "slaveship," and the "plantation," and go downhill from there to include daily utterances of every kind of racist slur (including the n-word, "porch monkey," and "coon") 50 - 100 times per day.

WIRTW #613: the “competition” edition

On July 9, 2021, President Biden issued Executive Order 14036, Promoting Competition in the American Economy. Its goal is to reduce the trend of corporate consolidation, increase competition, and deliver concrete benefits to America's consumers, workers, and small businesses.

To that end, the Treasury Department has been investigating competition in the beer, wine, and spirits industries. Earlier this week, it published its report. 

It details how the government should be working to open up competition in these industries to help the small businesses that fuel it. 

It also makes some specific recommendations, including on the anticompetitive dangers of horizontal consolidation within the industry, and how state laws (such as beverage franchise laws) can be amended to eliminate or mitigate the anticompetitive effects of states' traditional three-tier supply chain system of passing alcoholic beverages from the producer/supplier, to the distributor/wholesaler, and ultimately to the retailer.

If you have any interest in these industries in particular, or more generally as to how the power of state and federal governments can be harnessed to help free enterprise by removing barriers to competition, I recommend reading the Treasury Department's report.

Here's what else I read this past week that I think you should be reading, too.

Peloton’s dubious severance package

Facing the consequences of some poor business decisions and an uncertain future, Peloton made the difficult decision to lay off approximately 20 percent of its workforce, totaling 2,800 employees. 

Perhaps worried about the public relations storm this news would create (and further damage to its already diminished stock price), John Foley, Peloton's now-former President and CEO, and the company's co-founder, took to the company's website to explain the decision. Part of that explanation was an outline of the severance packages being offered to those impacted by the layoff.

We are officially in the Golden Age of Union Organizing. How will your company respond?

Yesterday, the White House Task Force on Worker Organization and Empowerment released its 45-page report on the use of executive branch policies, practices, and programs to promote the Biden Administration's support for worker power, worker organizing, and collective bargaining.

The key takeaway for employers? The Task Force has recommended that the federal government use its "authority to support worker empowerment by providing information, improving transparency, and making sure existing pro-worker services are delivered in a timely and helpful manner." 

Yikes! 😱

How will the federal government accomplish this?

An employee can’t sue over a job never applied for

Staci Russell, a dean at Cornerstone Health High School, sued her employer for sex discrimination after she was passed over for the open principal position. Her problem? She never applied for the position.

Based on that fact alone, the 6th Circuit had little difficulty affirming the dismissal of her lawsuit.

Russell concedes she did not apply for the vacant principal position. … Russell never applied or interviewed for the position, nor did she indicate interest. While Cornerstone named Price principal of the combined high school on January 24, 2020, after Russell filed her EEOC charge, Russell does not provide evidence showing that Cornerstone’s decision to combine two high schools and name Price principal of the combined school occurred as a result of her filing an EEOC charge. Russell thus did not establish a prima facie case of discriminatory failure to promote.

Thank God for common sense judicial decisions. If an employee fails to apply for a job, it's really hard to claim discrimination when that job goes to someone else who actually did apply.

Jon and the Social Media Pub Crawl

A big thank you to Allessandria Polizzi for having me as a guest on her Be Verdant Podcast. We took a 40-minute tour through the state of employment law and employee relations in early 2022. She called in a "pub crawl" since we quickly hit a bunch of issues instead of spending our time together taking a deep dive into just one. It was fun to record and a fun listen.

Enjoy. 

Find it embedded below or wherever you get your podcasts.

WIRTW #612: the “when I went to college” edition

I turn 49 years old in nine days. I was recently reminded of my age when I came across this blog post from my alma mater, Binghamton University (née SUNY Binghamton): You Know You Went to SUNY Binghamton When…

Among the pearls of days gone by that Gens Y and Z could not possibly wrap their younger brains around?

🍻 I drank in an on-campus pub

✍️ I waited in line in the gym to register for classes on paper

👀 Everyone knew my social security number

What has changed since you attended college that would shock those younger than you? Share in the comments below.

Here's what I read this week that I think you should be reading, too.

Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process

If you haven't read the lawsuit Brian Flores filed against the NFL and three of its franchises, you should. It reads like a law school employment law exam question. It has allegations of systemic and endemic racial discrimination, fraud, bribery, and Bill Belichek inadvertently providing the smoking gun text message.

This lawsuit will likely bring much-needed change to the NFL's hiring practices. It will also likely mark the end of Flores' coaching career. I'd be shocked if he ever coaches again.

The 3rd nominee for the “Worst Employer of 2022” is … the cancerous employment canceler

"Focus on your health," is a nice sentiment for an employer to share with an employee who is awaiting the results of cancer testing. Coupled with a termination letter on the eve of the employee returning to work from said testing? That will earn you a nomination for 2022's Worst Employer.

The EEOC has the details in this news release.

Coronavirus Update 2-1-22: I just gave my kids the worst business trip souvenir ever

In the before times, when I actually traveled for business, I'd always try to come home with a souvenir for the kids. A t-shirt, a stuffed animal, something small, but at least something so they knew I was thinking about them when I was gone.

Two weeks ago, I got to travel for work again — this time to Cincinnati for the annual Ohio Craft Brewers Conference. Never fear, I did not forget to bring home a souvenir for the kids. While certainly memorable, it's one that they would certainly rather forget.

I brought them Covid-19. 😥🦠🤒

Thankfully, our Covid experience was mild and we all survived with varying degrees of minor symptoms along with five days of isolation. 

On this week's episode of The Norah and Dad Show, Norah and I talk about our experience with Omicron. We discuss how we handled having the virus, life during isolation, what we missed from the past 22 months of trying to act responsibly, and what we’re looking forward to doing now that we have our super-immunity. We also discuss the dangers of late-night milkshake deliveries and, notwithstanding, how ice cream makes everything better.

You can listen on Apple Podcasts, Spotify (yes, we're still there, even though Joe Rogan spews dangerous garbage), Google Podcasts, the old-fashioned web browser, and wherever you get your podcasts.

Coronavirus Update 1-31-22: Employees should not be choosing between their jobs and working while ill

I return to the office today after a one-week Covid-inducted work-from-home hiatus. I'm fortunate that as a professional I have the ability and flexibility to work from home when needed. Many too many employees, however, do not have that luxury.

Consider, for example, this report from Business Insider, that 63 percent of Red Lobster employees came to work while sick with Covid-19, either because they lacked paid sick leave or because they couldn't find anyone to cover their shifts. 

WIRTW #611: the “masthead” edition

Early on in the pandemic, I rebranded and renamed the Ohio Employer Law Blog to the Coronavirus Law Blog. The change was part marketing savvy and part recognition of the reality that for the then-foreseeable future the Covid-19 pandemic would be all that mattered to employers. 

Nearly two years later? The name and masthead remain the same.

Yet, even with Omicron keeping cases at near-record numbers, hospitals still full, and Covid still claiming thousands of American lives per day, it's at least starting to feel as if we are rounding the corner into the home stretch of the pandemic.

So don't worry. I'll let you know when the pandemic is over. It'll be when I change the masthead back to this:

Here's what I read this week that I think you should be reading, too.

Coronavirus Update 1-27-22: Whole Foods 1 – Maskhole 0 😷

You have every right to believe that masks are a form of government control or a satanic tool. You're very wrong, but you are free to believe what you want to believe. 

What you aren't free to do, however, is to act on those beliefs when they run counter to the rules of the employer for which you work or the business you want to enter. 

Case in point: Manning v. Whole Foods Market Group.

Coronavirus Update 1-26-22: OSHA doesn’t need an ETS to go after your business’s Covid-safety deficiencies

With the Supreme Court effectively killing OSHA Covid-19 vax-or-test Emergency Temporary Standard, and OSHA now officially withdrawing it, employers might think that they are beyond the reach of OSHA for Covid safety-related issues. If you are one of those employers that thinks this way, you are very mistaken.

Consider Sanoh American, a Findley, Ohio, auto parts supplier. OSHA recently cited and fined it $26,527 for ignoring guidelines to limit Covid-19 exposure in its facility. While the company had social distancing and mask policies in place, it failed to follow or enforce them. As a result, 88 of the company's 270 Findley employees (nearly one-third of the local workforce) tested positive for Covid-19. Five of those positive employees were hospitalized and two unfortunately died. OSHA determined that one of those deaths was work-related.

The 2nd nominee for the “Worst Employer of 2022” is … the claim-filing clinic

Suppose you have a group of unhappy employees. They don't like their working conditions. They don't like their pay. They generally want to work somewhere else. When they give you their notice, do you:

(a) Let them walk. 
(b) Engage them to see what will entice them to say.
(c) Sue them for an injunction to stop them from leaving.

If you chose (c) you are ThedaCare, a Wisconsin healthcare system. You are also the 2nd nominee for the Worst Employer of 2022.

Coronavirus Update 1-24-22: I’m a Covid statistic

It was a calculated risk. I've been so careful for the past 22 months. We don't socialize outside of a very small bubble. We don't eat in restaurants or go to bars unless we can be outside. We've given up concerts and traveling. I wear my KN95 mask everywhere. 

But before Omicron changed the Covid-19 narrative, I decided that my firm would sponsor the Ohio Craft Brewers Conference. I also agreed to speak at the event. And we timed the launch of our brand new Craft Beer Practice Area around the conference. 

It was a safe event. Vaccines or negative tests were required of all attendees. Masks were mandatory at the event unless eating or drinking. I wore my KN95 mask everywhere. I was still nervous about spending three days out of town. But at my request, my firm had made a substantial financial investment in the event. So I packed my KN95 masks and my hand sanitizer, and off I went.

Twenty-four hours after returning home I felt my first symptoms — a scratchy throat and a mild dry cough. That's it. But having been out and about, I decided to home test. Negative.

WIRTW #610: the “humor is the best medicine” edition

On behalf of myself and my daughter, I'd like to thank everyone for all of the kind words of encouragement and support I received for our most recent podcast episode. Whenever you go through any sort of trauma, you feel like you're in it alone. What I learned through the many of you who took the time out of your busy lives to email, comment, or message is that we are not alone and that so many have gone through similar experiences. That community of shared experiences offers a tremendous amount of comfort.

If you've yet to listen, please do so (Apple, Spotify, or wherever you get your podcasts). If you have listened, please share. And if you've shared, please re-share somewhere else. Norah wants to make something positive out of her experience to help people by talking about and de-stigmatizing mental health issues. It's a conversation that is long overdue and very needed. 

I do want to take a moment to address one critique we've received from one very small corner of the internet, which has been bothering me and that I don't want to leave unanswered — that because we chose to attack this issue with some humor, we are devaluing the seriousness of the situation and are not taking mental health issues seriously. Nothing could be further from the truth. No one (and I mean no one) has the right to tell someone else how to process trauma. Some do so with anger or sadness. Some with quiet reflection. And some with serious discussion. Consistent with our personalities, we process with humor and sarcasm. It doesn't mean we're not taking the situation seriously or making light of it. Quite the opposite. It just means we're coping the best we can. I can assure you that no one takes what Norah went through and is going through more seriously than she and our family.

Here's what I read this week that I think you should be reading, too.

If you treat employees like they are fungible, they will act like they are fungible

I spent the past few days at the Ohio Craft Brewers Conference promoting my new venture, OhioBeerLawyers.com. In addition to being one of the event's sponsors, trying to network in as Covid-safe of a way as possible, and learning about the business of craft beer, I also was a presenter. My chosen topic was how to hire and retain employees in the midst of the Great Resignation. 

I thought of my presentation as I read about the situation at Noah's NY Bagels in Vacaville, California. The restaurant's entire staff of 15 quit their jobs en masse in protest of their manager's (unjust, in their view) termination. The story took off after a TikTok, posted by one of the employees and captioned, "Say no to toxic management," went viral.

Accountability always starts at the top

How do you respond to an employee who states that the Covid-19 vaccine is a plot by "the Jews" to exterminate people? Does your answer change if the employee in question is the company's founder? 

The correct answers: You fire him, and no, it doesn't matter who he is.

The scenario recently played out at Entrata, a Utah technology company. David Bateman, Entrata's founder, sent an email to multiple parties, including various Utah tech leaders. Bateman's email started with the subject line, "Genocide." It went downhill from there. 

A very special episode of The Norah and Dad Show, talking about teen mental health

I recently asked you, my readers, followers, and friends, for a favor. I asked you to take a moment to hug your kids a little stronger and a little longer. What I didn't tell you was why I was asking that of you.

Today I'm sharing the rest of the story. Except it's not my story to tell. It's my daughter's.