The “Penny Pincher” gets sued for retaliation — an update on a 2021 Worst Employer finalist

A OK Walker Autoworks and its owner, Miles Walker, a 2021 Worst Employer finalist, finished dead last in last year's voting, garnering only 7% of the total weighted vote. They may win the prize after all, however. The Department of Labor just filed a lawsuit against the auto repair shop and its owner for retaliation under the Fair Labor Standards Act.

WIRTW #609: the “hugs” edition

Everyone do me a favor and hug your kids a little stronger and a little longer tonight. They all need it.

— Jon Hyman 💉😷 (@jonhyman) January 5, 2022

Here's what I read this week that I think you should be reading, too.

Coronavirus Update 1-6-22: Starbucks become first employer of note to adopt OSHA vaccine-or-test emergency temporary standard

I don't know what you'll be doing tomorrow morning at 10 am. But I do know what most employment lawyers will be doing — their best to follow the Supreme Court oral arguments in the appeal related to the OSHA vaccine-or-test emergency temporary standard for employers with 100 or more employees (as well as the appeal related to the Center for Medicare & Medicaid Services healthcare worker vaccination mandate). 

Starbucks, however, is not waiting for SCOTUS to rule on the legality of the OSHA ETS. It has informed its 220,000 nationwide employees that they must disclose their vaccination status by January 10, and either be fully vaccinated against COVID-19 or be tested weekly by February 9.

Coronavirus Update 1-5-22: What the hell is the CDC doing?

Confused by the CDC's changed guidance on when employees can break isolation? I'm here to help.

The 1st nominee for the “Worst Employer of 2022” is … the crashing chief

Another year, another batch of awful employers for your consideration and your year-end voting. Might as well start off big.

Ogden boss allegedly tries to punch worker, rams his truck

The Standard-Examiner has the details.

Coronavirus Update 1-3-22: Happy 2020 … too 😞

As we start 2022 (HNY!) let's jump in the time machine and look ahead a couple of weeks to what I think is in our immediate pandemic future.

To catch a glimpse of what's coming here in the next 7-14 days, we need only look across the pond to Europe, which has been a great predictor thus far of what our Covid future looks like. For the whole of the pandemic, our Covid experience has trailed that of Europe by 2-3 weeks. Because of the quickened transmission and infection timeline of Omicron, we can likely shorten that to 7-10 days. 

’Twas the Employment Law Night Before Christmas (2021 edition)

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas, tweaked for 2021.

As has been the case in years past, you can read my tale below. This year, however, you also get the holiday present of me reading it for everyone.

To all of my readers, new and legacy, thank you all for reading, commenting, and sharing throughout the year, and please have a happy and, most importantly these days, safe holiday season. I'll see everyone on January 3, 2022, with fresh content to kick off the new year.

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'Twas the night before Christmas, when all through the office
Not a creature was stirring … well, just one of the bosses;
The bonuses were paid by the company with care,
In hopes that no ungrateful employees would swear.

The workers were home all snug on their thrones;
While visions of deadlines danced on their iPhones;
And I at my desk, alone to deal with the crap,
For the one who's in charge gets no holiday nap.

When out in the lot there arose such a clatter,
I sprang from my desk to see what was the matter;
Away to the door I flew in a hurried jolt,
Tore open the shutters and threw open the bolt.

The moon on the breast of the new-fallen snow,
Gave a lustre of midday to objects below,
When what to my wondering eyes did acquaint,
A process server holding a seven-count complaint.

Count One alleged that we had discriminated,
On the basis of race by one irritated;
A denied promotion, gone to someone who's white,
Said the lawsuit I read in the glow of the night.

Count Two, racial harassment, words she had o'erheard,
Does she know the ruckus she's about to have stirred?
Oh, how she had pulled that nasty, evil trigger.
I'd never heard supervisors rhyme something with bigger.

Count Three, it's not just racism she alleged,
Also sexism, to which management pledged.
The boys, she said, we paid so much more than the girls
Yet they do the same work as each workday unfurls.

Count Four, uh oh, sexual harassment;
It's true her manager hoped to be her gent.
But the touching and groping, alleged quid pro quo,
Never did anyone coerce being her beau.

Count Five targeted our vaccine direction.
We denied her ask for a moral exemption.
"Conspiracy," she yelled. "You're part of the elite."
You'll care when Omicron our employees deplete.

Count Six, firing a COVID rule breaker.
Masks she refused, even those made of paper.
Social distancing of six feet or more,
Enforcement can be such an insufferable chore.

Count Seven, wage and hour class action, oh crap!
Did we fall into an FLSA lawsuit trap?
Mis-classifications, non-exempt for exempt,
And off-the-clock work too, my butt cheeks were then clenched.

Not just a lawsuit was waiting, I see.

An election petition from the NLRB.

Ungrateful employees want more pay and respect.

Should I have treated them better, I reflect?

I spoke not a single word, went back to my desk,
And yelled, with none to hear, "Do I ever get to rest?!"
I emailed our lawyer, thru my phone I exclaimed,
"How much trouble are we in? To me please explain!"

He sprang to his phone, gave to me this rejoinder.
"A lot; I'll need a $20,000 retainer."
But I also heard him proclaim, so as not to slight—
"Happy Christmas to all, and to all a good night!"