First, McDonald’s Corp. agreed to pay $1.5 million to settle a lawsuit claiming that it had failed to compensate a class of employees for time associated with cleaning work uniforms.
On the heels of that story, Employment Law360 reported that new federal-court wage-and-hour suits hit an all-time high in 2015, up 8% from 2014 (8,781 versus 8,160).
What does this mean for employers?
So, since tomorrow is Turkey Day, with most businesses closed, the magic of a quick cut-and-paste brings you everything you wanted to know about holiday pay for your employees.
For those of you who have Thursday and Friday off, enjoy your holiday weekend. Eat, drink, shop, be merry, and, most of all, enjoy your families and be thankful for all that you have.
I guess I’m the Rolling Stones of legal bloggers. Yesterday, the ABA Journal inducted me into its Blawg 100 Hall of Fame, in the fourth year the magazine has bestowed such an honor. It also marks my sixth consecutive (and last) honor in the Blawg 100. As a Hall of Famer, I’m required to stand aside for future Blawg 100 lists to make room for new blood.
The first six months of the NLRB’s ambush election rules have resulted in one expected result and one unexpected result.
On the expected front, the median time from the filing of a representation petition to the holding of an election has dropped nearly 40 percent, from 38 days to 23 days.
What is the unexpected result?
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:
At the beginning of 2015, I reported on the launch of a new app — Memo — which allowed employees to post anonymous comments or complaints about their workplaces. Microsoft has now joined the fray of workplace griping apps with one of its own, called Forum.
According to the app’s description, it “lets ideas thrive, facilitates open dialogue within organizations, and enables employees to freely express themselves.” More importantly, unlike Memo, Forum appears to be non-anonymous. From iMore: “Forum has apparently been designed primarily for businesses to give their employees a chance to speak their minds and connect with their fellow workers and executives.”
Two and a half years ago I asked, How much does it cost to defend an employment lawsuit? My answer:
The reality is that defending a discrimination or other employment lawsuit is expensive. Defending a case through discovery and a ruling on a motion for summary judgment can cost an employer between $75,000 and $125,000.
Oh, how I love to be right.
On September 30, the Ohio House passed the Fair Hiring Act, which would prohibit the State of Ohio from including on any employment application for a state job any question concerning the criminal background of the applicant. The measure is now being considered by Ohio’s Senate, which is separately considering a different bill that would apply the same prohibition to all Ohio employers, public and private.  |
| Photo by Jon Hyman, 8/6/15 |
Have you ever played Cards Against Humanity? It’s a very adult version of Apples to Apples. I made the mistake of playing with my mom, and let’s just say that I learned some things that a child should never know about his mother, no matter their respective ages. Hilarious things, but, all things being equal, the laughs weren’t worth the memory scars.
HireVue, obvious fans of the game, came up with a fabulous promotional idea. They call it Cards Against HR, and my deck came in mail earlier this week. When I tweeted HireVue my love of its idea, they challenged me to post a picture of the best (or worst) hand I could come up with.
@jonhyman Show us the best (or worst) cards that you get! - Nicole
— HireVue (@hirevue) November 9, 2015 Well, HireVue, I am never one to shrink from a challenge.
Here’s the rest of what I read this week:
What can do wrong with office romances? As it turns out, a lot. So, in the spirit of The Voice, here’s 10 reasons co-workers shouldn’t turn their chairs for each other.
Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo, a case that will go a long way to deciding the continued viability of class or collective actions to decide wage and hour lawsuits.
The underlying legal issue is a familiar one: donning and doffing (that is, compensation for time spent putting on, and taking off, protective gear). This case also carries forward themes from 2011’s Wal-Mart Stores v. Dukes decision (which opined on the non-viability of a nationwide class action in which the class members lacked common harm), and last week’s Spokeo v. Robins oral argument (which will decide if a plaintiff has standing to bring a lawsuit for a technical violation of the Fair Credit Reporting Act if the individual suffered no resulting concrete harm).
So, what is Bouaphakeo all about?
By Mike Wise
Today is National Love Your Lawyer Day (really). From the American Lawyers Public Image Association:
Around the world, Love Your Lawyer Day… is the one day of the year designated to celebrate lawyers…. Our goal is to highlight the good that lawyers do, often thanklessly….
Is it too much to ask for people to refrain from lawyer bashing and telling tasteless lawyer jokes for a single day? Surely you can do it. And, if for some reason, you're unable to tame your tongue for that 24-hour span (like if you're a late-night talk show host), then donate $20 to charity for every joke you tell. Deal?
This special day is not just about acknowledging and celebrating legal professionals. One of the initiatives for *Global* Lawyer Your Lawyer Day is to ask lawyers to either perform one hour of pro bono work or donate the equivalent of one billable hour to their favorite charity.
Do you love your lawyer—either me (hint, hint) or someone else? Show your love, in the comments below, or hit me on Twitter @jonhyman with #LoveYourLawyerDay. As for me, I’ll pick up my end of the bargain by donating my one hour of pro bono work.
Here’s the rest of what I read this week:
Today’s post originally appeared on Meyers Roman’s Ohio OSHA Law Blog, but it’s worth reprinting for my readers.
Have you subscribed to our new OSHA blog? If not, what are you waiting for?
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Earlier this week, President Obama signed into law the Bipartisan Budget Act of 2015. On its surface, it funds the federal government through 2017 and prevents any federal shutdowns during that time. Employers that read the fine-print, however, might be in for an OSHA-related shock.
In Marina Del Rey Hosp. (10/22/15) [pdf], the National Labor Relations Board considered the following access policy:
Off-duty employees may access the Hospital only as expressly authorized by this policy. An off-duty employee is any employee who has completed or not yet commenced his/her shift.
An off-duty employee is not allowed to enter or re-enter the interior of the Hospital or any Hospital work area, except to visit a patient, receive medical treatment, or conduct hospital-related business. “Hospital related-business” is defined as the pursuit of an employee’s normal duties or duties as specifically directed by management.
An off-duty employee may have access to non-working, exterior areas of the Hospital, including exterior building entry and exit areas and parking lots.
Any employee who violates this Policy will be subject to disciplinary action up to and including termination.
Did it pass NLRB-muster?
Earlier this year, the EEOC published proposed ADA regulations, which would permit financial incentives for employee participation in employer wellness programs so long as they remain at or below 30% of the total cost of employee-only coverage. As long as financial incentive remains at or below the 30% threshold, the wellness program is considered a lawful, voluntary medical exam under the ADA.
