“Gaslighting” in the workplace

“That’s not how I told you to complete that project. Why did you do it that way? It’s all wrong.”

“Why didn’t you show up to the meeting? Of course I invited you.”

“Harassment complaint? You never made any harassment complaint.”

These are all examples of gaslighting in the workplace.

Lessons from Platform Beer’s mass layoff

According to Scene Magazine, late last week Platform Beer Co. notified between 25 and 30 of its local brewery employees that their employment was no longer needed. They were laid off. 

That facility brews, tests, cans, packages, and warehouses most of Platform's offerings. The impacted employees were offered severance packages in accordance with their age and tenure. 

When I hear "mass layoff," I immediately think of the WARN Act. WARN stands for Worker Adjustment and Retraining Notification. It's the federal statute that requires 60 days' advance notice of mass layoff or plant closure (or 60 days' pay in lieu of the notice). But it does not apply to every mass layoff or plant closure, only those of a large enough employer that impacts a large enough number of employees.

WIRTW #638: the “DriveThru” edition

Episode 2 of Labor Relatedly, my new podcast endeavor with Mike VanDervort is live everywhere you listen to podcasts. In this episode we discuss the controversy surrounding the Deshaun Watson arbitration ruling, Chipotle writing a $20 million dollar check to settle a wage and hour case in New York, how the Duty of Fair Representation impacts the relationship between unions and employers, and what some common-sense labor law reform might look like.

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

How do you respond when your employees are threatened?

Boston Children's Hospital has a scary situation on its hand. Its hospital staff has received aggressive phone calls, emails, and death threats. It's all in reaction to inaccurate information posted on conservative websites and shared across social media about its transgender surgery program.

The allegations are that its medical staff performs hysterectomies on girls under the age of 18. In reality, the hospital performs hysterectomies on patients age 18 and older, but not on children.

Boston Children's began treating transgender youth in 1998 and opened the first trans health program in the U.S. for adolescents in 2007.

Walmart wins discrimination claim brought on behalf of pregnant employees unable to work

Consider the following two policies:

• Employees injured on the job will be offered Temporary Alternative Duty ("TAD") — light duty that enables the injured workers to keep working and earning their full wages while complying with any relevant medical restrictions.

-vs-

• Pregnant employees with lifting or other physical restrictions related to pregnancy are required to go on an unpaid leave of absence, and no TAD is or will be made available.

In EEOC v. Walmart Stores East, the 7th Circuit Court of Appeals concluded that despite the existence of the former, the latter did not discriminate against Walmart's pregnant employees.

The CDC is the tail wagging the public’s dog

Last week the CDC updated its Covid isolation guidelines. The agency says it's "to help the public better protect themselves and understand their risk." 

Most importantly, there is no longer any distinction between those who are fully vaccinated and those who are unvaccinated against the virus. Instead, the CDC says anyone can end isolation after five days if asymptomatic or if fever-free for 24 hours and other symptoms are improving. Thereafter, one should mask around others either through day 10 or sooner after two sequential negative tests 48 hours apart.

HR may not be employees’ “friend,” but it’s also not their enemy

As the former Microsoft VP of HR I can assure you that HR is not your friend.

That headline from a BusinessInsider article written by Chris Williams, Microsoft's former head of HR from 1997 thru 2000, caught my eye. 

He writes: "Do not see your team's HR representative as a friend. … HR is not your friend. … [T]hey are not paid to be the employee's ally."

On the one hand, Williams is correct. HR is not an employee's friend. But by framing the issue as such, he is suggesting that HR is an employee's enemy. That distinction is damaging. HR is neither friend nor foe of employees. It's their partner. If this is not how HR is working within your company, you need to reexamine why you have HR in the first place.