Tuesday, May 28, 2019

What does a valid jury waiver look like?


Earlier this year, the Senate took up the Forced Arbitration Injustice Repeal Act. It would, among other things, prohibit employers from requiring employees, as a condition of employment, to sign agreements submitting employment and civil rights claims to arbitration in lieu of filing in court. According to Vox.com, this legislation has some initial bipartisan support, and has some legit traction to perhaps become law.

I am on record as not being a fan of arbitration for employment disputes. I do not believe they are any less expensive or time consuming that in-court litigation. In stead, I've previously argued for tools such as contractually shortened statutes of limitations and jury waivers as tools employers can to limit risk instead of arbitration agreements.

Friday, May 24, 2019

WIRTW #554 (the “triumph” edition)


How do we raise our girls to become confident women? It’s a question I think about a lot as a dad to an almost teenage girl.

πŸ™‹‍♀️ We encourage them to pursue their passions.
πŸ™‹‍♀️ We get them working collaboratively with other girls.
πŸ™‹‍♀️ We put them into positions to gain leadership skills.
πŸ™‹‍♀️ We praise their successes.

While I love School of Rock for both of my kids, this is why I especially love it for my daughter.

To see an almost 13-year-old (everyone wish Norah a Happy Birth Day for Monday) command a stage with skill and passion, and with the love, respect, and admiration of her peers, older and younger, fills this dad with a ton of pride and joy.

And it tells me that she’ll be just fine as an adult, whether her journey is through music or otherwise.

So enjoy Norah doing her thing last weekend (along with Donovan’s fly dance moves), taking the lead on Triumph by the Screaming Females.




As for Norah’s own band, Fake ID, you have two chances to see them live over the next few weeks.

  • June 1 @ Ohio Bike Week, in Sandusky. They’ll be on the Scott Gast Memorial Stage, at Columbus Ave. and Water St., from 3:30 - 5 pm. 
  • June 15 @ Crocker Park, in Westlake. They’ll be rocking the square in front of Regal Cinemas from 5:30 - 7 pm.

Both shows are open to the public and free. Keep an eye out for the merch table to grab your official Fake ID t-shirt.

Here’s what I read this week:

Thursday, May 23, 2019

Defining (and defending) my role as an attorney: more on the employment of registered sex offenders


On Tuesday, I posted something that I did not imagine would be all that controversial, You just found out you hired a sex offender. Now what? Boy howdy was I wrong.

Over at Workforce.com (which syndicates my blog daily), the post had received (so far) 117 (mostly) alarmingly negative comments.

Wednesday, May 22, 2019

In harassment cases, the context of profanities matters (but only sometimes)


Why is everyone suddenly using the C-word,” asks Stan Carey in The Guardian? He blames Game of Thrones (video very NSFW—you’ve been warned).

Assuming Stan’s correct, and more people are becoming more comfortable openly using this generally considered highly offensive and taboo word, how should you react if your employees start using it among each other? Swiftly and decisively, that’s how.

Tuesday, May 21, 2019

You just found out you hired a sex offender. Now what?


A reader sent me the following question.

I worked for a grocery store. Can a child molester be employed by the grocery store? I reported it to the manager, and showed proof and nothing was done about it.

There’s a lot going on here. What does the law require an employer to do (if anything) under these circumstances? And what should an employer do when it discovers it is employing a sex offender?

Monday, May 20, 2019

The 11th nominee for the “worst employer of 2019” is … the πŸ’©y supervisor


From the legaladvice subreddit:

So background, I have IBS and sometimes have to go the bathroom multiple times per work day. My supervisor doesn’t believe I am legitimately using the bathroom, so he said today at the end of the day today if I don’t send him a picture or otherwise prove that I used the bathroom, I will lose 15 minutes of paid time. What sort of recourse do I have?

Friday, May 17, 2019

WIRTW #553 (the “669” edition)


Jack Ma, the founder of Alibaba (China’s answer to Amazon), claims that he has cracked the formula to a happy and productive workforce.

His answer? 669.

What does that mean? According to The Telegraph

“We want 669 in life. What is 669? Six times in six days; the emphasis is on nine,” he said at a company gathering, referring to sex, and using a play on words, as the word “nine” in Mandarin is a homophone for the word “long.”

He wants his employees to have long sex six times every six days. 

And you thought American employers had issues?

Here’s what else I read this week.