I’m not quite ready to declare the pandemic over, but I am ready to stop writing about it every single day

Nearly two years ago, I re-branded the Ohio Employer Law Blog as the Coronavirus Law Blog. It was a bit of marketing combined with the realization that Covid would be all that mattered to employers, at least in the short term.

That "short term" will turn two years old in nine days.

Today, however, I am officially re-re-branding the blog back to the Ohio Employer Law Blog.

If you want to get yourself into discrimination hot water, stereotype your protected-class employees

To cases recently settled by the EEOC illustrate the point that stereotypes of protected-class employees are a quick path an expensive lesson.

• Ranew's Management Company agreed to pay $250,000 to settle a disability discrimination claim after it fired an employee based on a "lack of trust" instead of permitting her to return from a leave of absence resulting from severe depression.

• American Freight Furniture and Mattress agreed to pay $5,000,000 to settle a sex discrimination lawsuit based on allegations that managers made hiring decisions based on bias and stereotypes, including that women would not "do as great a job at selling furniture as men," could not work in the warehouse because "women can’t lift," and that female employees would be " distraction" to their male coworkers. 

Coronavirus Update 2-28-22: CDC eliminates mask guidance for 70% of Americans

The CDC has issued new mask guidance based on the level of Covid-19 in a specific county. 

• In counties with a low level of Covid (green) — individuals are permitted to remove masks.

• In counties with a medium level of Covid (yellow) — individuals who are at high risk for severe illness are recommended to talk to their healthcare provider about whether they need to wear a mask and take other safety precautions.

• In counties with a high level of Covid (red) — individuals are recommended to wear a mask indoors in public.

WIRTW #615: the “prayers” edition

I pray for the people of Ukraine.

I pray for democracy.

I pray for diplomacy.

I pray for Europe.

I pray for troops everywhere, ours and everyone else's.

I pray that we are not seeing the beginning of WWIII.

I pray for peace.

I pray that I'm wrong about WWIII, but as a student of history I don't think I am.

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

I hate “Tattleware”

I thought I had my next Worst Employer nominee. News broke yesterday of the mass exodus of employees from real estate company CoStar after allegations came to light of the company spying on work-from-home employees through the cameras on the company-issued laptops. I even had the post written. 

But in further researching the issue I came across this story that ran yesterday on the Today Show: 'Tattleware': How your boss might be tracking your remote activity. 

Its use skyrocketed as most companies switched to a work-from-home model during the Covid-19 pandemic.

Tip credits and tip pools — the tip of the FLSA iceberg

No employment law is more misunderstood and misapplied by employers than the Fair Labor Standards Act, our federal wage and hour law. There are more than 8,000 federal FLSA lawsuits filed per year, with nearly one-quarter filed against employers in the accommodation and food service industry … including craft breweries. 

These employers get themselves in legal trouble because of the special manner in which service industry employees are compensated. If you employ workers who customarily and regularly receive more than $30 a month in tips (and every craft brewery does), there are two key FLSA phrases you must understand to avoid FLSA landmines — tip credit and tip pool.

Vacation (all I ever wanted) — 7 tips to encourage your employees to use their paid time off

"AITA for turning my work phone off on vacation?" That's the question that someone recently posted on the eponymous subreddit.

The recently promoted employee disconnected during his vacation. During a moment of downtime, he powered up his work phone, only to find this voicemail from his new manager, demanding to know why he wasn't zooming in for meetings.

I checked my phone voicemail and the unknown number was him saying he "hoped there was a damn good excuse for why I was off the grid" if I wanted to keep my job. He even started out the voicemail with "I'm so sorry you’re in the hospital because that's the only reason I should be needing to hunt you down like this." In slack I had a few dms from coworkers I feel I get along with saying I need to reply ASAP because my absence was impacting them with how mad our boss was.

No, he's not the a***ole.