You cannot afford to sleep on harassment complaints

Yesterday, I suggested that harassment prevention is a 365-days-a-year job for employers. Apparently, some employers still need to learn this lesson.

Case in point? Smith v. Rock-Tenn Services, decided yesterday by the 6th Circuit.

I hate Valentine’s Day, and employers should too

I hate Valentine’s Day. It’s not a visceral hate; it’s more of a disgustful annoyance. And, no, it’s not because I’m not romantic. Quite the opposite. I believe that we don’t need a special day to celebrate love, but that you do so by how you treat your other half all 365 days of the year. (I love you Colleen). Thankfully my wife’s not a fan of the Day either, so I lose no points for omitting the clichéd dozen roses or candle-lit dinner.

Do you know who else should not be a fan of Valentine’s Day? Employers. Here are three reasons why.

Lying about medical leave fatal to disability claim

On Saturday my 7-year-old made his first reconciliation. To what could a 7-year-old possibly have to confess? If you list the 10 big ones, lying would probably take the top spot for the 7-year-old set. It’s a life lesson, however, that some never seem to learn.

Case in point? Mattessich v. Weatherfield Township (Ohio Ct. App. 2/8/16) [pdf], in which a depression-suffering police officer was terminated for lying about his medical leave.

A labor union filed an Uber-huge representation petition with the NLRB

Politico New York reported last week that International Brotherhood of Electrical Workers, Local 1430, petitioned the NLRB to represent 600 New York area Uber drivers. You can read the representation petition here.

Uber is locked in a battles all over the county with its drivers, defending lawsuits claiming that its drivers are employees for wage-and-hour purposes. This case, however, brought in the most employee friendly forum Uber drivers could possibly find, is the first attempt by drivers to organize. And because of the employee-friendliness of the NLRB, this story has the potential to be absolutely huge.

WIRTW #399 (the “happy” edition)

So we’re in the car Wednesday night, and I mention to the fam that I’m excited because, today, a new Starbucks is opening downstairs from my office. Without missing a beat, and with complete sincerity, Donovan, my 7-year-old, says, “Oh dad, I’m so happy for you.” I love my kids.

Here’s the rest of what I read this week:

Can an employer prohibit an employee from job hunting during FMLA leave?

Earlier this week, an employee out on FMLA leave posed the following question to the Evil HR Lady:

While I am out for surgery, I was informed of a new job in another hospital. It looks like no one has applied for the position.… Can I apply for this job while I am on leave? What is the consequence of doing so? Can they take my pay back? On one of the FMLA paperwork, it states no job hunting while on FMLA. Is that true? I do not want to be in some legal battle.

Now is the time to restore balance to Ohio’s employment discrimination law: Endorsing the Employment Law Uniformity Act

For lack of more artful description, Ohio’s employment discrimination law is a mess. It exposes employers to claims for up to six years, renders managers and supervisors personally liable for discrimination, contains no less than four different ways for employees to file age discrimination claims (each with different remedies and filing deadlines), and omits any filing prerequisites with the state civil rights agency.

Monday, State Senator Bill Seitz introduced Senate Bill 268 [pdf], the Employment Law Uniformity Act. It is a business-friendly attempt at comprehensive reform of Ohio’s employment discrimination statute.