Is your non-compete agreement killing a fly with a sledgehammer?

At least half of my legal practice is serving as outside labor-and-employment counsel for small to midsize businesses. And, increasingly, much of that practice is consumed with drafting post-employment covenants, sending cease-and-desist letters to employees who are in violation of said covenants, or filing lawsuits to enforce said covenants; or, conversely, advising a business whether it can hire an employee with a non-compete agreement, responding to cease-and-desist letters, or defending a lawsuit seeking to enforce said covenants.

A better take on what creates a hostile work environment

Last week, I nominated Target Corporation and MarketSource for the worst employer of 2017, because they ignored the approximately 10 incidents of vile ethnic harassment a Palestinian employee suffered during the brief two month tenure of his employment. Almost as bad was the logic of the 8th Circuit Court of Appeals, which concluded that, as matter of law, the employee failed to state a claim for ethnic harassment because the “morally repulsive” comments “were not physically threatening.”

Some courts, however, do get this issue correct. Case in point? The 2nd Circuit Court of Appeals, in Ahmed v. Astoria Bank (5/9/17) [pdf].

WannaCry? Then ignore cybersecurity

Friday, the largest cyber-attack in history hit 150 different countries. The ransomware, known as WannaCry, infects via a link in a malicious email, encrypts the local files, and spreads to other computers. It then demands a ransom of $300 in bitcoin for the unlock key. 

What can, should, and must you do, immediately, to protect your business? For starters, ensure that all computers are patched to the latest Windows update (Mac computers are unaffected). 

WIRTW #461 (the “Nörha’s School of Music” edition)

I love my kids’ school. Each year, the 5th grade math class ends with what is known as the “Million Dollar Project.” Each student is given a hypothetical million dollars to open the business of their choice. The students must research what is needed to open the chosen business and the associated costs, and then draft a budget to spend the million. Naturally, Norah chose a rock music school.

In addition to the research and the budget, each student must present their business to the class. Norah chose to present hers via a commercial, which I am proud to say she filmed, directed, and edited all on her own (with only minimal help from Dad on the ins and outs of how to actually use iMovie).

Enjoy.

Here’s what I read this week:

Critical employer law reforms move forward in Ohio House

Yesterday, Ohio House Bill 2, favorably reported out of the House Economic Development, Commerce, and Labor Committee. This is the important first legislative step to getting this bill passed and enacting necessary changes to Ohio’s employment discrimination law. HB 2 now moves onto consideration by the full House.

You can read all of the details at the Ohio Chamber’s All for Ohio Blog, including the key provisions of the legislation, and, most importantly, why the bill’s opponents shifted their stance to “neutral.” With opposition moving out of the way, I am cautiously optimistic that HB 2 will become law this legislative session. Stay tuned.

The 9th nominee for the “worst employer of 2017” is … the harassment ignorer

I was going to blog this morning about President Trump’s firing of FBI Director James Comey, and how, if you’re a CEO, and your company is investigating you for some misconduct (or even worse, potential illegal activity) related to your job, it’s bigly not good to fire the person leading the investigation, no matter the excuse you trump up.

Instead, however, today’s nominees are Target Corporation and MarketSource, (which operates mobile-phone kiosks in Target stores). Why do they make my list? Take a look at Abdel-Ghani v. Target Corp. (8th Cir. 5/5/17) [pdf].

Celebrating a decade of the Ohio Employer’s Law Blog