We are the Champions!

Cleveland wakes up the this morning basketball champions of the world. While I’m not a native Clevelander, I’ve lived here long enough to understand the pain and suffering of my town. I’ve been here for the Indians in ‘95 and ‘97, the return and floundering of the Browns, the Cavs in ‘07, the Decision, the Return, and last year’s (valiant but still a) defeat. And last night I celebrated with my family and cried tears of joy as I watched the Cavs complete what most thought was not possible — not only beating the defending champs and the team who won more regular-season games than any other in history, but also doing so after being down 3-1 and having to win two on their home floor.

WIRTW #417 (the “virgin” edition)

That time your boss caught you sleeping at work and took a selfie with you.

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

EEOC on pregnancy-related limitations and restrictions at work

It’s been nearly a year since the EEOC updated its administrative guidance on pregnancy discrimination to account for the Supreme Court’s holding in Young v. UPS regarding an employer’s obligations to accommodate its pregnant workers.

In case the EEOC’s guidance is too dense for you to digest, the agency has chosen to commemorate its participation in the White House United State of Women Summit with the publication of two new pregnancy-related resources.

12 mistakes employers make in paying non-exempt workers

Given that on December 1, 4.2 million exempt workers will transition to non-exempt status, it is timely that the Richmond Times-Dispatch though to share 9 mistakes employers make in paying hourly/non-exempt workers. I’ve added numbers 10, 11, and 12.

Philip Miscimarra is mad as hell, and you should be too!

NLRB Member Philip Miscimarra is mad as hell about the Board’s current position on employee-handbook policies and protected concerted activity, and he’s not gonna to take this anymore.

6th Circuit says illegal retaliation doesn’t meet threshold for constructive discharge. Wait, what?!

Henry v. Abbott Laboratories (6/10/16) [pdf] is what I would call a curious case, and one that I plan to liberally use any time I’m defending a case in which claims both of discrimination/retaliation and constructive discharge are asserted.

WIRTW #416 (the “420”) edition

Earlier this week, Governor Kasich legalized medical marijuana in Ohio. The law takes effect in early September. Ohio becomes the 25th state to enact a comprehensive legal medical marijuana program.

The law will allow people with the following medical conditions to use marijuana: HIV/AIDS, amyotrophic lateral sclerosis (ALS), Alzheimer’s disease, cancer, chronic traumatic encephalopathy (CTE), Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.

Importantly, employers retain the right to fire medical marijuana users if the use violates a drug-free workplace or zero tolerance policy.

For more on what this means for Ohio employers, click here.

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