By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.
Wednesday, May 30, 2018
Who is Otis Burke?
By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 29, 2018
Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”
Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thing’ for me, I’ll do something for your job.”
In Davenport v. Edward Jones & Co., the 5th Circuit held that a allegation of an unpaid bonus might not be enough to support an ex-employee’s sexual harassment claim under a quid pro pro theory.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 25, 2018
WIRTW #507 (the “12” edition)
Sunday is my daughter’s 12th birthday.
Happy birthday, Norah!
It's not easy being a pre-teen these days, especially as a girl. I know 11 was a hard year. And I can’t promise 12 (or 13, or 14…) will be any easier. Know that we love you, we are very proud of you (even when we’re giving you a hard time — clean your room 😉), and we are here for you no matter what, always.
Now go rock the rest of your years like you rocked the first 11.
Here’s what I read this week:
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Thursday, May 24, 2018
The 9th nominee for the “worst employer of 2018” is … the raging retaliator
Today, I take you to lovely Riverside County, California, home of Palm Springs, Joshua Tree National Park, the Coachella Music Festival … and the 9th nominee for the Worst Employer of 2018.
Until his termination on May 7, 2018, Andrew Yeghnazar had, since 2010, worked as the President of Blacoh Fluid Control, Inc.
What did Blacoh Fluid Control (allegedly) do to earn its nomination?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 23, 2018
Can (or should) OSHA regulate the NFL?
Sports blog Deadspin asks: What If The NFL Were Regulated By OSHA?
Well, Deadspin, I’m glad you asked. I answered this very question over three years ago.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 22, 2018
SCOTUS decision on class action waivers is not the epic win for employers it may seem to be
Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term, Epic Sys. Corp. v. Lewis [pdf]. The Court reconciled six years of debate between split federal circuits into a unified standard that permits the waiver of class actions via the compelled individual arbitration of employment disputes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 21, 2018
Harassment prevention MUST start at the top
If you did not watch 60 Minutes last night, you should. The last segment detailed pervasive and rampant sexual harassment by famed chef and tv personality Mario Batali.
And it laid much of the blame at the feet of the CEO of one of the restaurants in which Batali invested, The Spotted Pig, and its owners, Ken Friedman and April Bloomfield. The segment argues that Friedman and Bloomfield turned a blind eye to years of Batali’s sexual harassment of the female employees of their restaurant, and knowingly allowed it to continue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 18, 2018
WIRTW #506 (the “car … scratch … melt …” edition)
What’s your security blanket? That place you go when your soul needs a hug?
Mine is music.
Today, my security blanket grew a few sizes, because Peter Gabriel finally added his catalog to Spotify.
For many, their entrée to Peter was John Cusack, boombox aloft in Say Anything. My exposure was a half-decade earlier. Growing up in Philadelphia, I started each morning listening to John DeBella’s Morning Zoo on WMMR. And Peter Gabriel was its patron saint. So I was exposed to a lot of PG’s music in my formative years. My love for his art has never waned, even as my tastes have evolved in the decades since.
This morning, I could not wait to get in my car, plug in my phone, and fire up PG 1 (aka “Car”). I felt the slowburn of comfort as Peter sang about Moribund the Burgermeister (a decidedly dark tune about Sydenham’s chorea, historically and traditionally referred to as Saint Vitus‘ dance, a disorder characterized by rapid, uncoordinated jerking movements primarily affecting the face, hands and feet).
Don’t get me wrong; I love discovering new music (check out Courtney Barnett’s Tell Me How You Really Feel, out today). But when I need that security blanket, I always turn to the old favorites.
Here’s what I read this week:
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Thursday, May 17, 2018
What should you do when ICE comes knocking
“Hi, I’m your friendly neighborhood Immigration and Customs Enforcement officer. Do you mind if I come in and take a quick look at your I-9 forms”
Yesterday I discussed the nuts and bolts of the I-9 form. Today, let’s take a look at what happens when Immigration and Customs Enforcement (ICE) audits your I-9 compliance.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 16, 2018
7 things employers must know about the I-9 Form
Photo by Nitish Meena on Unsplash |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 15, 2018
The easiest way to lose an employment lawsuit
Photo by Devin Avery on Unsplash |
Interested in your opinion on this.
The “this” in question was an $7.97 million verdict a jury in Fresno, California, entered in favor of a Chipotle manager fired for allegedly stealing $626 in cash from the restaurant’s safe.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 14, 2018
The ADA’s interactive process is always a two-way street
Photo by MelanieSchwolert via Pixabay |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 11, 2018
WIRTW #505 (the “birthday” edition)
This week I celebrated two milestones.
On May 9, the Ohio Employers Law Blog turned 11 (and after 11 years I finally dropped the apostrophe; grammarians, debate).
The day prior, Loula, our beloved family pet, turned 6.
Six is a milestone age for a dog in my family. I’ve never had a dog live this long. Flyer, my beagle, passed away at 5 from autoimmune hemolytic anemia. Zoey, our lab (and our “let’s get a dog before we have kids” dog), also passed away at 5 (you can read my obituary for her here).
Thus, we’ve waited with nervous anticipation for Loula to reach the age of 6, which she did on May 8.
It was certainly a day to celebrate. She kicked back with a dog-friendly cupcake (complete with candle, and which, for the record, my wife said tastes awful), while we humans ate ice cream and serenaded her with “Happy Birthday.”
Here’s what I read this week:
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Thursday, May 10, 2018
NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
Image by Max Goldberg via Wiki Commons |
I was astounded by NBC’s transparency. It is extraordinarily rare for a private company to release an internal investigative report of one of its employees. In fact, it runs counter to conventional wisdom that harassment investigations should be kept as confidential as possible under the circumstances. Perhaps the combination of NBC’s status as a news agency and the high profile nature of the allegations spurred its decision.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 9, 2018
Sympathetic does not always equal protected under the ADA
Photo by Pexels on Pixabay |
Today’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 8, 2018
Should employers still test for marijuana?
Photo by Michael Fischer from Pexels |
Ohio’s medical marijuana law does not require that employers accommodate employees’ lawful use of medical marijuana. It also permits employers still to maintain drug testing policies, drug-free workplace policies, and zero-tolerance drug policies.
Yet, with the lawful use of marijuana spreading, employers are asking if it still makes sense to test for it as part of pre-employment drug screenings.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 7, 2018
The 8th nominee for the “worst employer of 2018” is … the age discriminator
Today’s nominee for the Worst Employer of 2018 is Seasons 52, a national, Orlando-based restaurant chain.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 4, 2018
WIRTW #504 (the “once bitten, twice shy” edition)
Never in my life did I think that I’d ever attend a biker rally. Yet, three weeks from tomorrow, I’ll be in Sandusky, at Ohio Bike Week.
Why?
I’ll be watching Norah and her bandmates warming up the crowd for 80’s hair band Great White.
If you’re attending, please say hi. I’ll be the one without the motorcycle.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 3, 2018
THIS is how you reasonably accommodate a disabled employee
Photo by David Pisnoy on Unsplash |
Today, I thought I’d take a look at the brighter side—an employer that handled a tricky employee issue correctly.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 2, 2018
5.1 millions reason to keep religion out of your workplace
I’m thinking of starting a religion |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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