Last evening, Governor DeWine held a statewide address to announce the availability of the Pfizer vaccine for Ohioans ages 12 - 15. That news was not shocking. The rest of what he had to say, however, was.
Last evening, Governor DeWine held a statewide address to announce the availability of the Pfizer vaccine for Ohioans ages 12 - 15. That news was not shocking. The rest of what he had to say, however, was.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
This weekend, the Ohio Employer Law Blog turns 14!
May 9, 2007 — my first post ever here at the blog. 3,628 posts and three law firms later, happy birthday to me!
May 9 offers another reason to celebrate, Mothers' Day. I haven't seen my mom in 19 months, but with vaccines hopefully on the immediate horizon for my kids, I should be able to give my mom a sorely missed and needed hug really soon. This long-distance message will have to do until then.
Today also happens to be my mom's birthday, so everyone please wish her a happy one!
Next week, more legal stuff, starting with some good, and not-so-good, news from the EEOC.
* Photo by Marty Southwell on Unsplash
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
The Telegraph recently tweeted about what is being called "Covid anxiety syndrome." The whole thread is a fascinating read, but its bottom line is that some people are reacting irrationally by continuing extreme Covid mitigation measures when they are no longer needed.
The Guardian quotes professor Marcantonio Spada London South Bank University, who first theorized this syndrome after noticing people were developing a particular set of traits in response to Covid.Fear is normal. You and I are supposed to fear the virus because it's dangerous. The difference, however, in terms of developing a psychopathological response is whether you end up behaving in … overly safe ways that lock you into the fear. My expectation is we're going to have … chunks of the population that are avoiding re-engagement and constantly worrying about the virus for months to come, whether they are vaccinated or not.
So here's my question for you — do you have employees experiencing such behavior? Continuing to insist on remote work even after being fully vaccinated? Wearing a mask all of the time, even when alone in an office? Insisting on constantly wiping down surfaces as if they are disinfecting a crime scene?
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
The National Federation of Independent Business just released the results of its most recent Covid-19 Small Business Survey. 546 businesses, all with fewer than 200 employees, provided their experiences on a variety of Covid related topics. The results that jumped off the page, however, were the two questions about the Covid vaccine.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Bobby Edwards, the manager of J&J Cafeteria in Conway, South Carolina, effectively enslaved JCS (to whom we refer with the fictitious name "Jack"), forcing him to work at the restaurant over 100 hours per week without pay. …In 1990, when Jack was 12 years old, he started working part-time at J&J Cafeteria as a dishwasher. He has an intellectual disability and an IQ of 70. After a few years of part-time work, Jack dropped out of high school and started working full-time at the restaurant. For the first 19 years of his employment, when the restaurant was owned and managed by different members of the Edwards family, Jack was always paid for his labor.
That, however, changed in September 2009, after Bobby Edwards took over the management of the restaurant. Edwards moved Jack into an apartment attached to the restaurant and forced him to work more than 100 hours per week without pay — usually 6:00 a.m. to 11:00 p.m. for 6 days and 6:00 a.m. to 2:00 p.m. on Sundays. Not only did Jack work long hours without pay, he was never given a day off. Edwards effected this forced labor by taking advantage of Jack's intellectual disability and keeping Jack isolated from his family, threatening to have him arrested, and verbally abusing him. His control over Jack also involved physical abuse. Once, when Jack failed to deliver fried chicken to the buffet as quickly as Edwards had demanded, Edwards dipped metal tongs into hot grease and pressed them to Jack's neck, resulting in a burn that fellow employees had to immediately treat. Other times, when Jack made supposed mistakes, Edwards whipped him with his belt, beat him with kitchen pans, and punched him with his fists. This treatment left Jack physically and psychologically scarred. Jack later said, "I felt like I was in prison. Most of the time I felt unsafe, like Bobby could kill me if he wanted. … I wanted to get out of that place so bad but couldn't think about how I could without being hurt."
At the time of sentencing, the judge ordered Edwards to pay Jack $272,952.96 in restitution, in addition to sentencing him to 10 years in prison.
Last month, the court of appeals ruled that Edwards should pay liquidated damages to Jack under the FLSA in addition to the $272,952.96 of back wages. Under the FLSA, an aggrieved employee is entitled to an award of liquidated damages in an amount equal to the total amount of unpaid wages (i.e., double damages) unless the employer can show (1) that it acted in good faith; and (2) that it had reasonable grounds to believe it had complied with the FLSA. I see no way possible that Edwards could have ever hoped to have met that standard.
Thus, at the end of the day, Jack should receive a total award of $545,905.92 in restitution. Of course, how Edwards intends to make good on his substantial obligation to Jack is another story.
Finally, my offer to Bobby Paul Edwards still stands. If the Federal Correctional Complex in Butner, North Carolina, will not allow him to collect his trophy, I’ll have it waiting for him to claim when he's released in 2029.Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
In a stunning show of ignorance, a Miami, Florida, private school has informed its staff that because the Covid-19 vaccine poses a health risk to those in close proximity to those who have been vaccinated, those who have already received the vaccine must physically distance from students and anyone vaccinated will not be permitted to return to work after the summer break.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
McDonald's has lots of secrets. What's in its sauce? What part of the chicken do the McNuggets come from? How come every time I crave a cone the soft-serve machine is out of order? Why do their soft drinks taste better than anyone else's?
Something that's not a secret, however, is that McDonald's has a serious sexual harassment problem.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
As we move into the vaccination campaign focused on working-age adults, one concern I've heard from so many Americans is that they can't afford to take the time off to get vaccinated or lose a day's work because they are feeling slightly under the weather after their shot. I'm calling on every employer, large and small, in every state to give employees the time off they need -- with pay -- to get vaccinated, and any time they need -- with pay -- to recover if they're feeling under the weather after the shot. No working American should lose a single dollar from their paycheck because they chose to fulfill their patriotic duty of getting vaccinated.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
According to a recent Axios-Ipsos poll, vaccination efforts may have plateaued, and most people who've not yet been vaccinated don't plan to get vaccinated.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
A couple of months ago I was approached by the That One Case podcast to record an episode. This show asks lawyers to share the story of one case that has stood out over their careers. As they pitched it, that case could be a big win that defined my career, a turning point that took my work down an unexpected path, or simply the case of which I am most proud.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Consider the following Covid safety and health violations OSHA recently uncovered at a Massachusetts tax preparation business.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.