Wednesday, September 12, 2018

The 15th nominee for the “worst employer of 2018” is … the tasering torturer


Was this a car dealership or the set of Hostel 4?

Jason Cox worked as a car salesperson for Marietta Motors. According to Cox's lawsuit, for the entirety of his 10 months of employment, the company's owner, Travis Westfall, engaged in a continuous and unrelenting campaign of verbal and physical abuse and harassment.

Cox claims that Westfall:

  • Repeatedly demeaned him based on his large size, with names such as "Tiny," "Fat Ass," and "handicapped."
  • On numerous occasions, pointed at Cox the red laser-sight of the handgun he kept at work.
  • Placed the handgun to Cox's chest while telling him not to make any sudden moves.
  • More than once held knives or other sharp objects to Cox's throat while demanding that he not make any sudden movements.
  • Told Cox that he could "slit [his] throat and sleep just fine at night."
  • Struck Cox with a soda bottle on his surgically repaired leg.
  • Punched Cox repeatedly.
  • Lit fires near Cox.
  • Duck taped Cox's phone to his hand and head while he was talking.
  • Repeatedly shocked Cox with a taser, to the point that his co-workers attempted to hide the weapon from Westfall.

Cox also claims that Westfall captured the abuse on video and shared it on social media

Ultimately, claims Cox, he quit and fled the workplace, but not before he claims to have suffered severe and permanent mental and physical injuries.

If even a portion of this stuff happened, not only will it qualify Marietta Motors and Travis Westfall for a well-deserved nomination for the Worst Employer of 2018, but it will also result in a very large and warranted payday for Jason Cox.

Tuesday, September 11, 2018

Everything you want to know about employee polygraph tests


Lie detector tests, have been all over the news lately. Reports suggest that Donald Trump wants to administer these examinations to the entire White House staff to identify the author of the anonymous New York Times op-ed.

There are no laws prohibiting the White House from using polygraphs in this manner. The federal law that regulates their use in the workplace—the Employee Polygraph Protection Act of 1988—does not apply to the government.

For private-sector employers, however, the EPPA imposes strict prohibitions on the use of any device to render a diagnostic opinion as to the honesty or dishonesty of an individual.

Monday, September 10, 2018

Do you really want to be the employer that bans your employees from wearing Nike products?


Last week, Nike launched its new ad campaign featuring (former) NFL quarterback Colin Kaepernick. He's most famous for being the first NFL player to kneel during the national anthem. As a result, he's become a lightning rod around our national conversation about race relations. He claims the NFL has blackballed him because of his outspokenness on the issue.

Friday, September 7, 2018

WIRTW #522 (the “back to school” edition)


If your kids go back to school and you don't post photographic evidence, does it count?

Here's what I read this week:

Thursday, September 6, 2018

Compliance-by-carrot trumps compliance-by-stick


Democratic administrations are about enforcement.
Republican administrations are about education.

The endgame is still enforcement, but each side approaches this goal very differently.

This dichotomy might be an oversimplification, but, in at least in contrasting the Obama Administration to the Trump Administration, it is very true.

Wednesday, September 5, 2018

The FLSA's exemptions are becoming more "fair" for employers


In Encino Motorcars, LLC v. Navarro, the Supreme Court ruled that overtime exemptions under the Fair Labor Standards Act "are to be given a 'fair reading,' meaning they are not to be construed too narrowly" (as had historically been the case).

The Court applied this "fair reading" standard to conclude that automobile service advisors are exempt under the FLSA's automobile-service exemption.

Tuesday, September 4, 2018

Training won't fix stupid


A fast-food restaurant fired a recently hired employee after its manager learned she was pregnant.

How do we know this was the manager's reason for the termination? Because he texted it to the employee (which she later posted on Facebook).