Wednesday, October 25, 2023

Do politics and work mix? A poll.


Do politics and work mix? That is the question being asked at Copper Blue Restaurant.

A half-dozen employees recently quit in protest after the owner posted a "Vote NO on Issue 1" sign in front of the restaurant. The resulting staffing shortage forced its temporary closure.

Issue 1 is a Nov. 7 ballot initiative that seeks to amend the Ohio's Constitution to grant women the right to an abortion.

Not surprisingly, the issue is polarizing.

Tuesday, October 24, 2023

Kickbacks are bad


It's one thing to settle an unpaid overtime claim; it's another entirely to shake down your employees to repay the settlement funds to you.

That's exactly what the Department of Labor claimed Sparklean Laundry and Piper did.

Following a DOL investigation, Sparklean agreed to pay unpaid overtime back wages to its employees. Shortly thereafter, it began demanding kickbacks from its employees to compensate for the overtime settlement, submitted false receipts to showing that it paid the recovered wages, and threatened workers for exercising their rights under the Fair Labor Standards Act.

As a result, the DOL went to court and obtained a $281,870 judgment, which included $87,735 in back wages, $94,135 in liquidated damages, and an additional $100,000 in punitive damages.

Monday, October 23, 2023

Is this what the future of union organizing looks like?


Last week, the employees of Creature Comforts Brewing Co. voted by a margin of 32-21 to reject the Brewing Union of Georgia as their bargaining representative and for their workplace to remain union-free. The National Labor Relations Board conducted and supervised the secret-ballot election, and the result presumes to reflect the choice of Creature Comforts' employees.

Except maybe that secret-ballot election is not the choice of Creature Comforts' employees?

I fully expect BUG to file a petition with the NLRB seeking a Cemex bargaining order. What is a Cemex bargaining order, you ask? 

Friday, October 20, 2023

WIRTW #692: the “hot diggity dog” edition


As parents, we live and die with the successes and failures of our children. We need to fully embrace the highs so that we have the stored capital to survive the lows. This past week brough me a couple of highs to share. 

First, last Saturday night, Norah took her musical talents eastward, to 8th Day Brewing Company. She played a killer 3-hour set, punctuated by the bar filling with a hot-dog themed bar crawl singalong for her final hour. 


Then, yesterday evening, Donovan's Lake Ridge Academy soccer team won their opening playoff game, defeating Waynedale 2-0. That's 1 down, 6 to go, on their march to a state title.


You can next watch Lake Ridge Academy try to continue their soccer season on Tuesday against Kidron Christian Academy, at a place and time tbd. Meanwhile, Norah will next gig at The Olde Wine Cellar on Friday, October 27, 2023. 

Everyone have a great weekend!

Thursday, October 19, 2023

Failure to advise employer of a disability dooms employee’s ADA claim


True or false — An employer must always reasonably accommodate an employee’s disability if necessary to permit the employee to perform the essential functions of the job unless it causes an undue hardship on the employer?

Answer — False. An employer does not have an obligation to grant a reasonable accommodation that an employee never requests.

Case in point: Mueck v. La Grange Acquisitions.

Tuesday, October 17, 2023

Employers need to be more vigilant than ever with anti-Jewish and anti-Muslim bias


Not all Jews are Zionists colonizers, and not all Muslims are Hamas terrorists. In fact, most aren't. Moreover, you can oppose the policies or actions of the Israeli government without being antisemitic and oppose Hamas without being anti-Muslim.

Yet, the ongoing conflict between Israel and Hamas has brought the Israeli-Palestinian conflict front and center into our lives, and as a result also into our workplaces. You can't stop employees from talking about current events, especially when those events are so horrific and so impactful on so many of us. Your employees will be talking about what's happening in Israel and Gaza. The key for employers is to make sure those discussions remain calm and respectful.

Monday, October 16, 2023

Join me tomorrow: Tips on Tips webinar (free)


I spent my Saturday night at 8th Day Brewing Company watching my 17-year-old daughter, Norah, play a killer 3-hour set of music. When we sat down at our table, I was giddy to find the latest issue of The New Brewer, the bi-monthly trade magazine of the Brewers Assocation. That issue features my article on how to legally pay tipped employees.

Since access to the magazine and my article are for BA members only, you won't be able to read it if you're not a BA member (unless you happen to wander into a brewery that has it on display).

I can, however, offer you a great alternative. Tomorrow at 4 pm ET, I'm presenting Tips on Tips: How to Legally Pay Your Tipped Workers, a free webinar for the Craft Beer Professionals Fall Virtual Conference. You can watch live on the Craft Beer Professionals Facebook page or on its YouTube channel