Monday, July 31, 2023

The time has come to legislate gluten-free food


"I'm gluten free…"

That's how my 15-year-old starts his order at every restaurant. He has Celiac disease and gets very ill anytime he eats gluten.

For the uninformed, Celiac disease is a genetic autoimmune condition that affects the gastrointestinal tract when gluten — a protein found in wheat, barley, and rye — is ingested. When someone with Celiac disease eats gluten, the lining of the small intestine is damaged. In Donovan's case he gets serious gastrointestinal symptoms, sometimes for days.

Thus, Donovan is very particular in what he eats and how he orders, as was the case last week at the Fargo Bar & Grill, a dinnertime stop we made while visiting family on the Finger Lakes last weekend.

Friday, July 28, 2023

WIRTW #680: the “walk up song” edition


Above the Law thinks that it's time for lawyers to have walk-up songs. 

History says that the walk-up song started at Old Comiskey Park in 1970, with the White Sox organist playing each player's home state song as they walked up to the plate. Over time, the tradition expanded to other ballparks and different music. 

What's the most famous walk-up song of all time? I'd argue Ricky "Wild Thing" Vaughn's "Wild Thing" (from the movie "Major League"). In real life? Mariano Rivera's "Enter Sandman"? Chase Utley's "Kashmir"? Trevor Hoffman's "Hells Bells"?

Which brings me back to the question posed by Above the Law: What would our lives be like if our own theme songs accompanied us while we work? 

It's a great question. I think mine would be "Career Opportunities" by The Clash. Driving guitar + a workplace theme = gold for this employment lawyer.

How about you? What walk-up song would you choose for your job?

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

Thursday, July 27, 2023

6th Circuit opinion guts the validity of e-signatures on employment documents


"I never saw that agreement and I never signed it." That's all that Andrew Bazemore said under oath in defense of Papa John's claim that he was required to arbitrate his FLSA claim relating to an under-reimbursement of vehicle expenses.

The 6th Circuit held that Bazemore's otherwise unsupported declaration was enough to create an issue of fact as to the arbitrability of his claim. 

Wednesday, July 26, 2023

X marks the spot


There's nothing inherently illegal about naming one of your conference rooms "s3xy." If, however, your company has a history of allegations of sexual harassment and other sex discrimination, it's not the wisest choice.

"s3Xy" is among the names X (née Twitter) chose to rebrand the conference rooms inside its corporate offices. X's sister companies, SpaceX and Tesla, have a long history of defending sexual harassment lawsuits (and allegedly retaliating against the victims). All of these companies have one thing in common — Elon Musk.

Friday, July 21, 2023

WIRTW #679: the “Portugal. The Podcast” edition


It's been a hot minute since my daughter and I recorded an episode of our podcast, The Norah and Dad Show. It only took a Portuguese holiday to get us off our duffs to record. It was a trip more than three years in the making (thanks to Covid), and we made the most of it — 12 days spread across Porto, Peniche, and Lisbon. On the episode we share our favorites from each of our three stops, some restaurant recommendations, cool sights and sounds (peacocks!), and our overall impressions of an amazing country.

You'll find it wherever you get you podcasts, including Apple, Spotify, Google, Amazon, and on the web.

When you finished listening to The Norah and Dad Show, I have two additional podcasts I recorded this week that you should also check out: The World at Work Workspan Podcast (discussing the significance of SCOTUS's end-of-term flurry of opinions) and DriveThru HR''s Labor Relatedly (discussing the ongoing Hollywood labor strikes and what they mean for all employers).

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

Thursday, July 20, 2023

Never send an accused harasser on a business trip with his alleged victim


"If he wants to sleep with someone, you have to say yes. It's normal that the coach sleeps with the players in our team."

That's what an anonymous player told The Guardian about Bruce Mwape, head coach of the Zambia women's national team.

Wednesday, July 19, 2023

Are we really still talking about masks?


In-N-Out burgers are mid. Its employment practices are even worse.  

The restaurant chain is prohibiting employees in five states from wearing masks unless they receive a medical note from a doctor. 

The new rules apply to employees in five red or purple states — Arizona, Colorado, Nevada, Texas and Utah. Meanwhile, employees in two blue states — Oregon and California — may still opt to wear a mask as long as it's a company-approved N95. 

According to a company-wide memo, these new rule are designed to "emphasize the importance of customer service and the ability to show our Associates' smiles and other facial features."