WIRTW #595: The “future of paid leave" edition

For all the negative effects that the Covid-19 pandemic has wrought, it has imparted some very positive changes to the American workplace. For example, remote work, long looked down upon by employers, is now the norm in many workplaces. Another area of constructive change surrounds the issue of paid leave for employees. 

Has Covid-19 altered our national attitude for paid sick and family leave? I believe that it has. The time has long since passed for America to embrace and adopt paid FMLA.

Presagia, the provider of cloud-based absence management solutions that enable organizations to strengthen compliance and the developer of Leave Genius Pro, recently asked me for my perspective on Covid-19 leave laws and their permanency. At their site, I share my full thoughts, including what my paid FML program would look like if Congress gave me carte blanche to design the law.

Here are 10 other things I read this week that I think you should read, too:

BREAKING NEWS: Biden to announce vaccine mandate for all employers with 100 or more employees

CNN is reporting that President Biden will announce an executive order directing the Department of Labor to draft an emergency rule requiring that all businesses with 100 or more employees ensure all of their workers are either Covid vaccinated, or Covid tested once a week. This goes along with another expected executive order requiring all government employees and employees of government contractors to be vaccinated against Covid-19, with no option of opting out through regular testing.

The legality of the last two (federal employees and federal contractor employees) is not in question. President Biden is absolutely within his authority to mandate as to both.

But as to other employers? If someone wants to explain to me how the Department of Labor can mandate Covid vaccinations or testing for employers, I'm all ears. Because unless I totally misunderstand administrative law (and I don't think I do), that type of measure needs to be enacted via a law passed by Congress and signed by the President, and not by executive order.

This is a developing story, which I will update as necessary. Stay tuned.

Coronavirus Update 9-9-21: Don’t forget about overtime laws when paying employees pandemic-related bonuses

If you pass any restaurant these days you'll almost certainly see a sign like this one: 

"Now hiring: $________ sign-on bonus."

I've seen that blank filled in with numbers as high a $1,000 to work at a fast-food restaurant.

Employers are paying these bonuses because they continue to struggle to fill job vacancies in the tightest and toughest labor market I've ever witnessed.

If you find yourself in this position, do not forget about the wage and hour implications of these bonus payments, specifically their inclusion in the "regular rate" for purposes of calculating an employee's overtime premium.

Coronavirus Update 9-8-21: Ohio court reverses itself, orders that hospital does not have to administer ivermectin to its Covid patient

Last week I reported on a trial court case out of Butler County, Ohio, in which a common pleas judge granted the wife of a hospitalized Covid patient an order requiring the hospital to administer ivermectin (a livestock de-wormer approved for human use in small doses for the very limited purpose to treat certain parasites and skin conditions) to her husband at her (and her doctor's) request.

On Labor Day, a different judge of that same court reversed the prior ruling and denied a preliminary injunction to the wife. You can read Judge Oster's full order here.

The (loaded) question the court faced was as follows:

Should an injunction be granted to force a hospital to honor the prescription of a doctor that has not seen a patient and has no privileges at said hospital thus forcing the hospital to give ivermectin to a patient when the hospital's doctors, the FDA, CDC, and the AMA do not believe ivermectin should be a recommended way to treat COVID-19?

“Ted Lasso" and the difference between illegal harassment and legal (but still wrong) bullying

If you're watching Ted Lasso, you're familiar with the story of Nathan Shelley, kit man turned coach turned Wonder Kid. Season 2 tells a fascinating story about Nate that is still unfolding. His arc has transformed him from a bullied kit man to an abusive coach, and from a loveable underdog to an insufferable a-hole. Episode 7 ended with Nate cruelly unleashing a tirade of anger on his replacement as the team's kitman, Will.

There is little doubt that Nate's mistreatment of Will and others is both uncomfortable to watch and a portrait of horrendous management. But is it illegal?

The answer is no.

WIRTW #594: the “three fests and a wine bar” edition

If you're in Northeast Ohio, let me suggest four ways for you to spend your time over the next couple of weeks — all involving my daughter and live music.

Two of our best local arts festivals are happening next weekend, and Norah is playing both — the Waterloo Arts Fest on September 11 (where she'll be in the Sculpture Garden from 3:20 - 4 pm) and the Berea Arts Fest on September 12 (where she'll be on the Acoustic Stage from 3 - 4 pm).

In between, Norah is making her return engagement at my wife's and my home away from home, the Olde Wine Cellar in Olmsted Falls. She'll be playing out front from 6 - 9 pm. Stop by for a glass of wine (or two) or to enjoy the night's tasting, which is merlot themed. Reservations are strongly suggested for the tasting. Otherwise, just come on down.

Finally, on September 16, Norah will be back at Vermillion's 3rd Thursday, again set up on the steps of Granny Joe's Ice Creamatorium and playing music from 5:30 - 8 pm.

All shows are free to attend. For all of the information about Norah's music (she performs as norah marie), visit norahmariemusic.com.

Here's the 11 things I read this week that I think you should read, too:

The 12th nominee for the “Worst Employer of 2021” is … the Pregnancy Prognosticator

If I know one thing, and only one thing, as a man (okay, two things) it's these: NEVER joke about a woman's weight and never ask a woman if she's pregnant. The former will never end well. The latter may end with a lovely conversation about her impending bouncing bundle of joy and the perils of newfound parenthood. But it's also just as likely, if not more so, to end in tears and embarrassment.

An employer in the UK just learned these lessons the hard way, and earned my 12th nomination as the Worst Employer of 2021.