Coronavirus Update 12-8-2020: Tipped restaurant and other service workers at high risk for “maskual harassment"

Everyone has been hit hard during the COVID-19 pandemic. Service industry employees, however, have been hit particularly hard. Many are out of work. And those that are able to work are worker fewer hours and earning less in wages and tips.

Moreover, according to this survey (h/t: NPR), a majority of service industry workers are being forced to choose between earning valuable tips and staying safe by wearing a mask.

Consider these statistics regarding tipped employees:

Coronavirus Update 12-7-2020: Vaccines

We are days away from the FDA approving two different COVID-19 vaccines, and it is being reported that the first people could start receiving the vaccine as early as Friday.

While I covered the topic of employer-mandated vaccines earlier this year, I understand that everyone doesn't necessarily see or read every post I write. Thus, because of just how important this issue will quickly become for employers, today I'm directing you to my thoughts from three months ago: Coronavirus Update 9-1-2020: Vaccines — can an employer require them; should an employer require them?

Coronavirus Update 12-4-2020: COVID is like a blizzard

I didn't write today's post. My healthcare worker sister-in-law did. Hopefully she doesn't mind that I'm sharing what she posted on Facebook earlier this week. 

Coronavirus Update 12-3-2020: CDC cuts recommended quarantine period from 14 days to 7 – 10 days (sort of)

Yesterday, the CDC amended its guidance on the duration of quarantine for individuals in close contact with someone else positive with COVID-19. We need to pay close attention to the fine print. All of the headlines are reporting that the CDC has shortened its recommended COVID-19 quarantine period. That's not, however, what happened.

Coronavirus Update 12-2-2020: Congress must extend the FFCRA

The Families First Coronavirus Response Act, the federal law that provides paid sick and family leave to employees for COVID-19-related absences, ends in 29 days. By its terms, the law sunsets on December 31. 

Yesterday, news broke of a new coronavirus relief bill that Senate Majority Leader Mitch McConnell will put forward. It will include important measures such as the extension of unemployment insurance expansions for another month, another round of Paycheck Protection Program (PPP) small business assistance, and additional funding for the USPS, schools, testing, and vaccine distribution.

What doesn't it include? Any extension of the FFCRA.

VOTE for the Worst Employer of 2020

It's officially election season for the Worst Employer of 2020. 

Since it is 2020, however, this can't be a normal Worst Employer election. This year we have two categories: Worst Employer, and Worst Employer COVID-19 Edition.

Coronavirus Update 11-23-2020: Thankful

2020 has certainly been a year like no other. People are sick and dying. Hospitals are filling up. Our essential workers are stressed and tired.

I'm tired, too. Part of what's making me tired is continuing to hear people complain about "2020" when we have so much for which to be thankful.

Here's my list of everything for which I have been and continue to be thankful during the pandemic.

Coronavirus Update 11-20-2020: The 12th nominee for the “worst employer of 2020” is … bad bettor

Do you remember that scene from The Deer Hunter where Christopher Walken plays Russian roulette in a betting parlor, while the patrons place bets on whether he'll live or die with every pull of the revolver's trigger? That's what I thought of as I read the allegations in Fernandez v. Tyson Foods, and not in a good way.

According to the lawsuit, while COVID-19 was running rampant through Tyson's Waterloo, Iowa, facility, the Plant Manager "organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19."

Coronavirus Update 11-19-2020: Cuyahoga County issues four-week stay-at-home advisory

Yesterday afternoon, Cuyahoga County, Ohio's largest, issued a four-week stay-at-home advisory. It took effect immediately, and is in addition to the 21-day 10 pm – 5 am statewide curfew Governor DeWine implemented yesterday and which takes effect tonight. 

Let's examine why it was issued, what is says, and what it means for your business.

Coronavirus Update 11-18-2020: WFHH (work from home harassment)

For last night's dinner, I decided to use the leftover meatballs from the prior night's spaghetti dinner to make meatball subs. The only problem? No hoagie rolls, which led to the following conversation with my wife:

Me: I need to stop and get buns for dinner.

Her: Ooh, will you toast them?

Me: I'll toast your buns alright.

Her: That's sexual harassment!

Me: Take it up with HR.

Coronavirus Update 11-17-2020: Retaliation under the FFCRA is as illegal as is retaliation under any other employment statute

MaryJo Delaney is suing her former employer after it demoted her from her management position following her return from a Covid-related layoff, for which she had volunteered so that she could stay at home with her 9-year-old son whose school was closed.

The 11th nominee for the “worst employer of 2020” is … the horrific human traffickers

Today's nominee for the Worst Employer of 2020 is beyond description. NBC Bay Area provides the details:

A Gilroy couple has been charged with human trafficking after forcing a man to work 15-hour shifts seven days a week for no pay at their liquor store and then locking him inside the store overnight, the Santa Clara County District Attorney's Office said Monday.

Coronavirus Update 11-13-2020: Closing restaurants and bars is NOT the solution to fixing the spread of COVID-19

During his most recent scolding of Ohio's citizens, Governor DeWine threatened to close restaurants and bars if the state's Covid numbers don't quickly improve. He figures if people can't behave responsibly he'll close the places they are mass-congregating to slow the spread. 

If the current trend continues and cases keep increasing, we will be forced to close restaurants, bars, and fitness centers. We will look at this one week from tomorrow.

— Governor Mike DeWine (@GovMikeDeWine) November 11, 2020

His approach is wrong and dangerous.

Coronavirus Update 11-12-2020: Breaking down the potential liabilities in Ohio’s new mask rules

During yesterday evening's statewide address, and amid dangerously rising COVID-19 infections and hospitalization, Governor Mike DeWine, announced the reissuing and restating of Ohio's mask mandate. The order now contains four specific rules for businesses to follow regarding mandatory masking.

1. Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.


2. Each business will be responsible for ensuring that customers and employees are wearing masks.


3. A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers' compensation, will inspect to ensure compliance.


4. First violations will receive a written warning, and a second will result in a 24-hour closure of the business.

Coronavirus Update 11-11-2020: Working in an office instead of working from home doubles the risk of contracting COVID-19

You are literally making Covid worse if you are refusing to permit employees to work from home.

According to a recently published CDC study, employees who work in an office setting are nearly twice as likely to contract COVID-19 than employees who work from home. 

Four Years

November third 2020
Sitting anxiously on my bedroom floor
I've got other things to worry about
Like how I did on my test today
But rather than worrying about my grades
I'm afraid my rights are gonna get taken away

That's the opening verse to Four Years, a song my 14-year-old daughter wrote on the afternoon of Election Day. She's really proud of it and I'm really proud of her; with her permission, I'm sharing it with you.

Elections profoundly impact people. They matter. This year's election hit harder and mattered more than any other in my lifetime. I've enjoyed watching that impact through the eyes of my two kids, who aren't yet old enough to vote or to have a meaningful voice in the process. I know one of mine is very much looking forward to four years from now when she can turn her voice into a vote for the first time.

Coronavirus Update 11-9-2020: COVID-19 and no-fault attendance policies

Can you "point" an employee under a no-fault attendance policy for a coronavirus-related absence? For example, an employee sick with COVID-19 or awaiting test results, quarantined because of an exposure, or at home because a child needs care?

For the uninitiated, no-fault attendance policies operate by having workers accumulate "points" for missing work, arriving late, or other attendance-related issues; after the accumulation of a pre-determined number of "points," employees face discipline or even termination.

During the ongoing COVID-19 pandemic, these policies are not only unnecessarily cruel, but they also might be illegal.

Coronavirus Update 11-6-2020: Accountability

The NFL has fined the Las Vegas Raiders $500,000 and stripped them of a 2021 draft pick for "brazen and repeated violations" of the league's COVID-19 protocols. The violations include repeated incidents of players and coaches not wearing masks and permitting players to attend a charity event maskless while mingling with the crowd. The fines and penalty came after repeated warnings (and prior fines) by the NFL.

If your business's COVID-19 rules are to have any meaning, you need to be prepared to stand behind them with discipline and even termination if necessary. These are important safety rules that are absolutely necessary to beat back this virus, especially as cases are spiking and we are hitting record numbers on a daily basis.

Coronavirus Update 11-5-2020: OSHA levies $2 million in COVID-related citations and penalties

Are you tired of the endless din of vote counts and election news? Let's get back to the uplifting topic of the ongoing COVID-19 pandemic.

OSHA recently announced a spate of COVID-related citations totaling $2,025,431 in fines. 

If you care about the future of democracy, then we have to count every single vote

As I type at 6:30 am on the morning after, we still don't know who won the presidency. There are 9 states and 87 electoral votes undecided, and few of those states (Arizona, Wisconsin, Michigan, Georgia, and Pennsylvania) will ultimately determine the winner.

Yet, in the wee hours of the morning, Donald Trump took to a White House podium and stated his clear and unambiguous intent to go to the Supreme Court to stop the counting of outstanding votes, which he says is "a fraud on the American public."