Coronavirus Update 12-16-2021: Who peed in the 6th Circuit’s cornflakes?

Yesterday, the 6th Circuit issued its first substantive opinion in the consolidated case that will determine the legality of OSHA vax-or-test emergency temporary standard. The opinion didn't determine any matters related to the substance of the mandate itself; it only addressed the procedural issue of whether the case would initially be heard by a three-judge panel of the 6th Circuit or an en banc panel comprised of the entire court. The answer — a three-judge panel initially will hear the case. 

Tragic workplace emergency safety lessons from a candle factory

Thus far, eight employees have tragically died inside the Mayfield Consumer Products candle factory from the tornado that tore through Mayfield, Kentucky, and left the factory a pile of rubble. That number, however, could have been much less.

According to NBC News, as the storm warnings came and tornado sirens blared, as many as 15 employees asked managers for permission to leave so that they could take shelter in their own homes. Instead of granting permission, managers threatened to fire anyone who left their shift early. Now at least eight employees are dead, and many more are injured. 

Who are this year’s crop of nominees for The Worst Employer of 2021? Check out today’s episode of Hostile Work Environment to find out.

I had the pleasure of guesting on this week's episode of my favorite employment law podcast, Hostile Work Environment, hosted by my good friends, Marc Alifanz and Kate Bischoff. In what is becoming an annual tradition, they had to me on to discuss this year's crop of Worst Employer nominees. I walk through all 8. 

Thus, if you need a refresher before you cast your vote, I highly recommend heading to your podcast app of choice, searching for "Hostile Work Environment," downloading the Dec. 14 episode (entitled, "Jon Hyman Puts Out A Lot"), and subscribing to their show if for some odd reason you haven't yet done so. 

And please VOTE for this year's Worst Employer. Polls remain open until Monday, Dec. 20, at 11:45 pm.

Coronavirus Update 12-14-2021: 800,000 Covid deaths and rising, and many have stopped caring

"Where I Live, No One Cares About COVID," reads the headline in The Atlantic. 

Outside the world inhabited by the professional and managerial classes in a handful of major metropolitan areas, many, if not most, Americans are leading their lives as if COVID is over, and they have been for a long while. …

VOTE for The Worst Employer of 2021

Today is the day you’ve waited for all year. I’ve made my list. I’ve checked it twice. It’s voting day for The Worst Employer of 2021.

Here’s how voting will work. I’ve culled my list of 15 nominees down to the worst 8. To vote, you’ll rank the 8 finalists from 1 (the worst) to 8 (the least worst). Please rank all 8, because every point counts in the final results. The employer with the most points wins (or loses, depending on your perspective).

The polls are now open, and will remain open until 11:45 pm on Monday, December 20. I’ll then tally the vote, certify the results, and announce this year’s winner on December 22.

Click here to vote: https://www.surveymonkey.com/r/RW7PR82

Follow this link for a refresher on this year’s 8 nominees. The ballot also contains hyperlinks back to the original nominating posts.

Happy voting, and good luck to all of the nominees. May the worst employer win!

WIRTW #607: the “broken record” edition

Earlier this week a local hospital system held a webinar entitled, COVID-19: Omicron, Vaccines, and Anti-Virals. The news is sobering. 

Covid is surging, yet again. Delta is wreaking havoc on populations in colder-weather states. Moreover, we don't yet know or understand exactly what Omicron means for the future of this pandemic. Unvaccinated populations remain at the highest risk for serious illness, hospitalizations, and death, but those who are fully vaccinated still must act with caution. The news is that we are in for a long winter. And it's not just the virus itself that we have to worry about, but the impact of the virus on our healthcare systems. ICUs and hospital beds at capacity mean diminished care and strained healthcare workers.

None of this is good news. Yet, it's the same news we've heard since March 2020. And the best practices to combat Covid remain the same. If you're not vaccinated, get vaccinated. If you're not boosted, get boosted. Regardless, wear a mask to protect yourself and others. Limit contact with unvaccinated people. Practice good hand-washing and other hygiene habits. And for God's sake, if you don't feel well or have any possible symptoms of Covid-19, stay the frick home until you've tested negative.

While we all might be done with Covid, it's not done with us. We all just need to act like it. Now I sound like a broken record.

I can't leave you for the week with all bad news, so before I turn today's post over the employment law links, I have two other links to share with you.

First, before there was The Norah and Dad Show (have you downloaded and listened yet?), there was the guest-hosting spot Norah and I recorded for the Rockin' the Suburbs podcast. Our episode, in which we discuss daddy/daughter concert experiences, went live today. You can listen to it here, or wherever you get your podcasts.

Secondly, I have a movie recommendation. Check out Mixtape on Netflix. It's an utterly charming, family-friendly movie set in 1999 about a quirky 12-year-old who sets out to learn about her deceased parents through the songs on an old mixtape of theirs she found in her grandmother's basement. It's the rare family movie that speaks to adults without dumbing down the substance, speaks to children without soaring over their heads, and has the emotional beats and laughs hit equally for both. Also, the music slams. Any scene in a 1999 Pacific Northwest indie record store that accurately showcases early White Stripes is a winner in my book. Bottom line — my house absolutely loved Mixtape, and you should add it to your Netflix List. Highly recommended.

Now, here are the best things I read online the past week that I think you should be reading, too.

Coronavirus Update 12-9-2021: The current state of vaccine mandate litigation

What is the current state of the Biden Administration's three separate federal Covid-19 vaccination mandates, and how should employers be responding. In this short video update, I discuss where things stand and what it means.