Wednesday, January 11, 2017

Tread carefully if stripping employees of their pay


Wait, not this kind of stripping?
Stevens v. Oval Office (E.D. Wisc. 12/29/16) [hat tip: Walter Olson’s Overlawyered] poses an interesting question—is it ever permissible to dock an employee’s pay for disciplinary reasons? The fact that the plaintiffs are adult dancers docked for rule infractions such as “failing to fully remove all clothing, except for underwear, by the end of the first song when dancing on stage” doesn’t dissuade interest either.

Tuesday, January 10, 2017

Cleveland Clinic doctor feeling ill after anti-vax blog post stirs trouble


A wellness physician at the Cleveland Clinic is in hot water following his blog post on Cleveland.com, in which he argued that parents avoid vaccinating their children. The doctor, Daniel Neides, is the medical director and chief operating officer of the Cleveland Clinic Wellness Institute.

In his post, he attacked flu shots for children and questioned the safety of childhood vaccination schedules, citing a debunked link between vaccines and autism. His byline used the Cleveland Clinic’s logo and identifies him a Cleveland Clinic physician.

Monday, January 9, 2017

Failure to follow employer’s reporting rules dooms employee’s FMLA claim


F-M-L-A: four letters that cast fear in the heart of any HR professional. So many rules to follow, so many ways to mess up and cost an employer. It's not just an employer that has FMLA rules to follow, however. Employees also have rules that they must follow, or the FMLA will not protect their leave.

In Alexander v. Kellogg USA (6th Cir. 1/4/17) [pdf], an injured production operator terminated for unexcused absences lost his FMLA claim because he failed to follow his employer's attendance policy.

Friday, January 6, 2017

WIRTW #443 (the “gigs” edition)


Holy cow, has it really been three weeks since I last posted a weekly roundup? It’s also early January, which means it’s School of Rock show season for my kiddos, and there are a whole bunch upcoming:
  • Norah grabs the mike as part of the Power Trios show, on Jan. 14 at 7 pm at 42 Eighty Food & Drink, and again on Jan. 22 at 5:30 pm at Brothers Lounge.
  • Donovan tickles the keys and makes his lead vocal debut, on Jan. 14 and Jan. 22, both at 3 pm at the same venues.
  • Norah’s Junior Headliners band, now known as the Major Minors, plays the finals of the High School Rock Off from the stage at the Rock and Roll Hall of Fame, Feb. 25, with a warm-up gig at Coda on Jan. 15 at 3 pm.
As always, if stop and say hello and mention the blog, your next beverage is on me.

Here’s what I read the past three weeks:

Thursday, January 5, 2017

Mandatory flu shots cost employer bigly


You may recall that in September I reported on a lawsuit the EEOC filed against a Pennsylvania hospital, alleging that it unlawfully fired six employees after denying their request for a religious exemption from the flu vaccine.

How did that case turn out for the employer? Not well. From the EEOC:

Wednesday, January 4, 2017

An early contender for employee of the year


It’s only the 4th day of January, and we already have an early contender for employee of the year. I can not do this story any justice better than the original article in the New York Post.
HR director sues to find out who sent her ‘a bag of d–ks’ 

Tuesday, January 3, 2017

Why it doesn’t matter that Ohio’s concealed-carry law removed its discrimination protections


We are going to begin 2017 near where we brought 2016 to a close—gun-owner protections.

Shortly before the end of Ohio’s 131st legislative session, Governor Kasich signed into law Amended Substitute Senate Bill 199, which, among other provisions, creates certain rights for lawful handgun owners to store said handguns in their vehicles parked on the property of their employers. You can read the specifics here.