Lately, the news has been so grim, with elections, and overtime rules, and data breaches, and federal agencies that over-step and over-reach. I figured, why not start the holiday week with some levity.
Monday, November 21, 2016
Some workplace haiku to start your week #haikuatwork
Lately, the news has been so grim, with elections, and overtime rules, and data breaches, and federal agencies that over-step and over-reach. I figured, why not start the holiday week with some levity.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 18, 2016
WIRTW #439 (the “Texas teardrops” edition)
It’s been a bad week for the Department of Labor in Texas, and it could get a whole lot worse before the month is over.
On Wednesday, U.S. District Judge Sam Cummings issued a permanent injunction preventing the DOL from implementing its controversial persuader rule.
Also this week, the Texas federal judge hearing the U.S. Chamber of Commerce’s challenge to the DOL’s impending overtime rule change (set to take effect Dec. 1) announced that he will issue a ruling by Nov. 22 on whether to enjoin the new white-collar salary threshold. Stay tuned.
If both cases go employers’ way, the DOL will definitely be crying Texas tears over its Thanksgiving turkey.
Here’s what else I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 17, 2016
Federal judge takes NLRB to task for rules that protect racist and sexist workplace misconduct
Of all of the decisions the NLRB has handed down in the past eight years, those that let striking employees lob racists and sexist bombs at replacement workers crossing picket lines are the most offensive to me.
Consolidated Communications v. NLRB (D.C. Cir. 9/13/16) is one such case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 16, 2016
The newest threat to your cybersecurity? Your lunchroom appliances
Dinner is always a bit of cluster in my house. We are a home of two working parents, and, with music lessons and band rehearsals three nights a week, it seems that we are always scrambling for our evening meal. More often than not, we end up eating out, which is neither good for our wallets nor our waistlines.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 15, 2016
What happens to the new FLSA salary test under President Trump?
The one employment-law question I’ve been asked most since waking up last Wednesday to the reality that The Donald will be The President (aside from, “How did this happen,” and for that I direct you to John Oliver’s excellent 30-minute soliloquy of an answer from his Sunday night HBO program—warning, language NSFW) is, “Does this mean that the new FLSA salary test won’t go into effect?”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 14, 2016
Employee’s misuse of medical leave grounds FMLA claim
Employers often tread too cautiously when handling employees on FMLA leave. Despite this caution, courts will to side with an employer that terminates an employee after uncovering abuses of FMLA leave.
Case in point? Sharif v. United Airlines (4th Cir. 10/31/16).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 11, 2016
WIRTW #438 (the “White House” edition)
I heard that there was this huge meeting at the White House yesterday.
#TheChamps #youthoughtiwastalkingabouttrump #JRputashirton
Here’s what I read this week.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 10, 2016
How do we heal at work after this election season? [Updated]
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 9, 2016
Federal court recognizes LGBT employment discrimination as illegal under Title VII
It’s been more than a year since the EEOC first announced that it would accept LGBT-discrimination charges as sex-discrimination charges under Title VII. Last week, the EEOC finally got a federal court to agree with its position in a LBGT-discrimination-is-sex-discrimination lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 8, 2016
EEOC on Wellness Programs and EEO-1s
The EEOC has posted webinar recordings of two significant new rules: Wellness and EEO-1 requirements.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 7, 2016
We measure salaries for FLSA exemptions weekly, not annually
An article entitled, “Obama overtime-pay rule prompts changes, requires loans, as Ohio universities adapt,” which ran last week on Cleveland.com, caught my eye. The articles discusses how universities are struggling with the impending salary-test change to the FLSA’s various overtime exemptions.
The article links to a communication plan published by the University of Cincinnati [pdf], discussing how the new salary test will impact its salaried employees. This is what the university is telling its employees:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 4, 2016
WIRTW #437 (the “Elevate HR” edition)
Elevate HR is the largest virtual HR conference in the world. And, for the second straight year, I am thrilled to be one of the more than 50 industry leaders chosen to present.
I’ll be discussing a vitally important, yet too often overlooked, issue — Cybersecurity for HR. In this session, you will learn the most important steps you can take right now to train your employees on effective cybersecurity awareness, to place your company in the best position to protect against a costly data breach.
Join me and other industry for Elevate 2016 on November 10th. Because it’s a virtual conference, you don’t even have to leave the comfort of your desk. And the best part? It’s100% free.
Register now!
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 3, 2016
Employers, do not ignore obvious disability accommodations
An employee must ask for ADA accommodation to receive it.That is, an employee must ask for an accommodation unless the employee’s need for an accommodation is so obvious that the employer cannot reasonably turn a blind eye toward it.
Case in point? Kowitz v. Trinity Health (8th Cir. 10/17/16).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 2, 2016
Time off from work to vote
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 1, 2016
Don’t forget the fluctuating workweek for your salaried nonexempt employees
Are you still struggling with how to handle your currently exempt employees who, one month from today, will earn less than $913 per week? If you have a salaried employee, no matter what they do on a day-to-day basis, if he or she earn less than $913 per week, beginning December 1 that employee will be non-exempt no matter what.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 31, 2016
Feds publish a Halloween trick for employers
Have you seen Worker.gov? It is a how-to manual for employees to file charges with the full gauntlet of federal labor-and-employment agencies―EEOC, NLRB, OSHA, and DOL Wage-and-Hour Division.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 28, 2016
WIRTW #436 (the "Purdy good music" edition)
Norah and Rhett |
So with no knowledge or preconceived expectations, we settled into our front-row seats at The Kent Stage to see Joe Purdy, and we were blown away. His positive message, clever lyrics, and dry wit completely entertained us.
“An example,” you ask? Here’s Joe performing an unrecorded track about his 4th grade girlfriend, Laura Wilson. If you listen closely at 1:37, you’ll hear me drop my iPhone, followed by an embarrassed, “Dad...!” from Norah, and Joe stopping the song to chat to us, amused by the whole interaction.
Check out Joe Purdy if he comes through your town. You won’t be disappointed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 27, 2016
The White House challenges states to reform non-compete agreements
This week, the White House announced a call to action to reform non-compete agreements [pdf]. Instead of proposing sweeping federal legislation, it is asking each state to pass non-compete reforms. This call to action comes on the heels of a joint White House/Treasury Department report [pdf] issued this past spring addressing the use, issues, and state responses to non-competition agreements.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 26, 2016
OSHA doubles down against retaliation
OSHA has had a busy October.
First, it announced that it has delayed enforcement, until December 1, of the anti-retaliation provisions of its injury and illness tracking rule.
Second, even though OSHA keeps delaying these rules, it continues its efforts to educate employers and employees about them. On October 19, OSHA published both a memorandum and example scenarios interpreting these new anti-retaliation provisions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 25, 2016
Just because it might be legal doesn’t make it right
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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