Monday, August 5, 2019

Help me understand guns


This weekend was one of the deadliest on record ever for gun violence. Dozens were killed and more injured in separate shootings in El Paso, Texas, and Dayton, Ohio.

So, today, I take a diversion from employment law to ask a simple question.

Can someone help me understand guns?

Friday, August 2, 2019

WIRTW #562 (the “someday we’ll find it” edition)


When the whole world seems like it’s going to đŸ’Š , sometimes all you need to brighten your spirits is a video of 🐸 singing about a 🌈.

So here’s Kermit the Frog (along with My Morning Jacket’s Jim James, and Janet Weiss, Sleater-Kinney’s ex-drummer) performing the Muppets’ classic, Rainbow Connection, from his surprise performance at last weekend’s Newport Folk Festival.


(I really want to find the two people who thumbs-downed this video on YouTube.)

Here’s what I read this week.

Thursday, August 1, 2019

When an employee’s religion clashes with an employer’s dress code


A Muslim woman is suing the hospital at which she works as medical assistant, claiming she was told she needed a “note from the Quran” when she asked for an exception to the hospital’s dress code to wear a face covering during Ramadan.

The case, Boyd v. Cooper University Hospital, is pending in federal court in New Jersey. While it’s just filed, and years from resolution, we can use it to learn how an employer should react when a employee dons religious garb in the workplace.

Wednesday, July 31, 2019

Do workplace bullies violate OSHA?


According to a study recently published in the Journal of Applied Psychology, bullying bosses make workplaces less safe.
Poor treatment from a boss can make employees feel that they’re not valued by a group. As a result, they can become more self-centered, leading them to occasionally forget to comply with safety rules or overlook opportunities to promote a safer work environment.

The headline made me think that if bullying contributes to an unsafe workplace, can it also violate OSHA? The answer is quite possibly yes.

Tuesday, July 30, 2019

Labor and employment lessons from the world’s most combative stripper


Different type of stripper
Meet Brandi Campbell, a stripper and self-proclaimed labor activist for other strippers nationwide. She maintains stripperlaborrights.com, where she provides dancers with information about their legal rights, including their rights under the National Labor Relations Act. She’s filed (and won) unfair labor practice charges against clubs in Nevada, Minnesota, and Wisconsin, alleging that they discriminated/retaliated against her for engaging in statutorily protected activities and deprived dancers of their statutory rights by misclassifying them as independent contractors.

Monday, July 29, 2019

#MeToo hasn’t killed the office romance, just the inappropriate ones


According to the National Review, #MeToo killed the office romance.
It must be a brave soul who dares to strike up a flirtatious conversation at the workplace microwave these days. Only ten percent of Americans report having met their mate at the office, a level that is half what it was in the 1990s.

Friday, July 26, 2019

WIRTW #561 (the “don’t call me flaky” edition)


According to The Economist, dads face greater workplace penalties for taking parental leaves than do moms.
Americans see taking a break to care for children as a sign of lower commitment to work and even flakiness. … Whereas mothers who take time off to rear offspring face difficulties when returning to work, opt-out fathers may fare worse, says Scott Behson, author of a book called “The Working Dad’s Survival Guide: How to Succeed at Work and at Home”. America has a workaholic culture, he says. Mothers who put their families first eschew that culture, resulting in costs to their careers. But fathers who do so are violating both the workaholic culture and traditional gender norms.

Here’s the thing. Just because I enjoy being a dad does not make me flaky. It just means that I enjoy being a dad. We all make choices in our lives. I’ve chosen to eat dinner with my kids, attend their school conferences and events, haul gear to their concerts, and work the merch table for Norah’s band. Don’t get me wrong, I love being a lawyer. But, when I die, I’d much prefer my tombstone reads, “He was a great dad,” not, “He was a great lawyer.”

I’m a dad active in my kids’ lives. Yet, it doesn’t mean I’m any less dedicated to my job. It’s not an either/or proposition. You can be a good parent and a good employee. They are not mutually exclusive. So please don’t judge the quality of my work based on my commitment to my family. And please don’t call me flaky.


Here’s what I read this week: