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.