You are DUMB if you threaten to fire employees who support labor unions, and even DUMBER if you tweet about it #barstool

Meet Dave Portnoy. He’s the editor of Barstool Sports, a website that I can only describe as having missed the memo entirely on #MeToo. Mr. Portnoy describes himself as: “El Presidente/3 time Bee Sting survivor. Heart attack survivor. 2019 #dipoff champion. Shot 4 under at Shinnecock. Worshipped like a 3rd world dictator.”

#yuck

Portnoy also holds some strong opinions, including about labor unions.

The law is a floor, not a ceiling: FMLA and IEP meetings

Last week, the Department of Labor issued an opinion letter [pdf] making clear that covered employers must provide intermittent FMLA leave to eligible employees who need time away from work to attend meetings to discuss the Individualized Education Program (IEP) of the employee’s child.

Rather than discuss the opinion letter in detail, I’ll instead direct you my blogging friends—Jeff Nowak, Suzanne Lucas, and Eric Meyer—each of whom covered this story over the past few days.

Instead, I want to use my space today to make a broader point about the law in general.

Do you know what to do if ICE shows up at your business?

Last week, US Immigration and Customs Enforcement agents arrested nearly 700 immigrants as part of a series of raids at work-sites throughout Mississippi. The raids are part of the Trump administration’s ongoing crackdown on illegal immigration.

What if ICE shows up at your business. Do you know what to do?

I’ve covered this topic previously. Given the recent news, It thought it was worth revisiting. You can read my thoughts here.

* Photo Courtesy of ICE. [Public domain], via Wikimedia Commons

WIRTW #563 (the “work in progress” edition)

Work in Progress is band fronted by Gaten Matarazzo, who is better known for his role as Dustin on Stranger Things. Next week, his band is coming through Cleveland on their summer tour, and, amazingly, my daughter’s band gets to open for them at this sold out show. I’m beyond excited for the opportunity this presents for her and her bandmates. Stay tuned for pictures, stories, etc.

Here’s what I read this week:

Who owns intellectual property created for a company?

Growing up in Philadelphia, there are few things more beloved than the Phillie Phanatic. Which is why I’m so intrigued by the lawsuit the Phillies recently filed against the people who claim to own the rights to the mascot the team contracted them to create in 1978.

Which got me thinking … what rights does a company have to intellectual property created by an employee or an independent contractor?

EEOC settlement teaches lesson on extended leaves of absence as ADA accommodation

An employee tells you that he was recently diagnosed with prostate cancer and needs a few weeks off for treatment, surgery, and recovery. Assume either you’re not an FMLA-covered employer or that the employee is not FMLA eligible.

Do you?

It is an inexcusable sin for an employer NOT to have an anti-discrimination policy

There are some employment policies that you can get away with not having. An anti-discrimination policy is not one of them.

In Hubbell v. FedEx SmartPost (decided yesterday by the 6th Circuit), FedEx learned this lesson the hard way.