Friday, February 24, 2017

WIRTW #450 (the “Kurt” edition)


Earlier this week, Kurt Cobain would have turned 50 years old. Uncoincidentally, also earlier this week Norah stepped in for an absent bandmate to sing lead on the song that made Kurt Cobain and Nirvana a household name, “Smells Like Teen Spirit”. I think Kurt would have approved.

A post shared by Jon Hyman (@jonhyman) on

This Saturday night, I’ll be at the Rock & Roll Hall of Fame, watching this band kill it in front of thousands as part of the High School Rock Off Final Exam. They are scheduled to hit at 9:25. Tickets are only $12, and include admission to the Rock Hall. It a great night watching the best the area’s school-aged musicians.

Here’s what I read this week.


Thursday, February 23, 2017

What’s good for the goose … NLRB protects employee’s Facebook post critical of his union


It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not only protects anti-employer comments, but also anti-union comments. Thus, it would make sense that the NLRB would conclude, as it recently did in International Union of North America, Local Union No. 91 [pdf], that section 7 protects an employee who posts on Facebook comments critical of his labor union.

Wednesday, February 22, 2017

“If I could press a button and instantly vaporize one sector of employment law?” (redux)


Nearly six years ago, Walter Olson, writing as his Overlawyered blog, asked the following question:
“If I could press a button and instantly vaporize one sector of employment law…”?
This was my answer:

Tuesday, February 21, 2017

"A Day Without Immigrants" protests followed by days without work for fired employees


Last Thursday, in protest against President Trump’s immigration policy, people nationwide participated in “A Day Without Immigrants.” As part of the protest, many businesses closed their doors to show what our nation would look like without immigrants. In addition, many immigrants simply did not go to work.
As a result, many now find themselves unemployed.

Monday, February 20, 2017

Paw-ternity leave is a great idea, but please don’t forget about us humans


This is Loula, our vizsla.


We love our dog. And, when we brought her home four summers ago, it was a great benefit to our family that my wife had yet to return to work. She was home for Loula’s first two months, to acclimate her to our house and family. What if, however, you lack the luxury of not working during your puppy’s first few weeks at home?

BrewDog, a Scottish brewery set to open up in Columbus this Spring, has your answer—paw-ternity leave.

Friday, February 17, 2017

WIRTW #449 (the “do-over” edition)


Whether you are left or right, blue or red, liberal or conservative, Democrat or Republican, it’s hard to argue that the first 28 days of POTUS 45 have been anything other than a dumpster fire. It culminated over the past 48 hours with Trump’s bizarre press conference, and withdrawal of his nominee for Labor Secretary, Andy Puzder.

And then Trump did something amazing. He nominated someone eminently qualified to run the Department of Labor. Alexander Acosta will become the next Secretary of Labor. What do you need to know about Secretary-to-be Acosta?

  • He served a well regarded term on the National Labor Relations Board from from 2002 to 2003.
  • He is a former Assistant Attorney General for the Civil Rights Division of the Department of Justice, where, among other acts, he defended the civil rights of American Muslims.
  • He is a former Supreme Court clerk and former U.S. Attorney
  • He is currently a law school dean.
  • Once confirmed, he will become the first Hispanic-American member of Trump’s cabinet, bringing some much needed diversity to the table.

Mr. Acosta should sail through the confirmation process. 

Bravo, President Trump. You and I have had a rough four weeks. This decision, however, is exemplary. Can you please make more decisions like this one?

Here’s what I read this week:

Thursday, February 16, 2017

Andy Puzder, Trump’s pick for Secretary of Labor, withdraws


Late yesterday, news broke that Andy Puzder, Donald Trump’s pick for Secretary of Labor, had withdrawn his name from consideration, just one day before his oft-postponed confirmation hearing was to take place.