These 6 steps will help keep you out of sexual harassment hot water

A teenage, female restaurant employee bends over to pick something up and a male co-worker snaps a photo of her buttocks and then shares it with his coworkers. She reports the misconduct conduct to her manager and noted “that it made her feel uncomfortable.” The company investigates, and even though it does not find the photo on the co-workers, it still fires him six days later for myriad issues with his employment.

The complaining employee then sues for sexual harassment, alleging that the taking and sharing of the photo constituted a hostile work environment. The court disagreed: “Johnson alleges two isolated incidents—Shawn took a picture of her buttocks and showed it to her coworkers. Although Shawn’s conduct was rude and boorish, his actions fall well short of conduct so severe as to alter or change the terms of her working conditions.”

WIRTW #702: the “conference” edition

I don't just go to beer conferences to drink beer. I promise. I also go to speak and share my knowledge about the legal issues that impact craft breweries.

This week, I've been at the Ohio Craft Brewers Conference in Toledo. Yes, I drank some beer. But I also spoke, not once, but twice.

Yesterday, I spoke on avoiding the top 10 legal mistakes made by craft breweries, and on current industry and legal trends impacting DEI.

It was a great conference with wonderful people and networking, a lot of learning and knowledge … and, yes, some beer. 🍻

A huge thank you to Mary MacDonald and the entire Ohio Craft Brewers Association team for a fantastic event. Let's do it again in Columbus next year!

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

Hiring undocumented workers

"Illegal immigrant co-worker got fired for asking about her check." 

That's the headline on Reddit.

Here's the rest of the post: 

"I have a co-worker who doesn't speak English at all so I've always communicated with her through google translate. A week ago, she asked me if I had gotten paid yet and told me that she hasn't seen a penny of her check despite working 50 hours a week since late November. I talked to my manager about it and my manager told me that she would send the check to her later. My co-worker texted me a few days ago and told me that she was fired for being an illegal immigrant and that she won't be paid because of it."

WIRTW #701: the “last dance” edition

My daughter, Norah, has been chosen as one of 30 acts to compete in the 2024 Tri-C High School Rock Off at the Rock & Roll Hall of Fame.

Norah (who performs as norah marie) takes the Rock Hall stage on Feb. 10 as part of the second of three semifinal rounds. Four acts from each round will advance to the Final Exam on Mar. 2, where a panel of industry judges will crown the "Best Band in the Land."

This year's winner will be the last "Best Band in the Land," as Live Nation has announced that this year's High School Rock Off will be the final High School Rock Off. This news saddens me, as it's such a unique event for Cleveland and a great opportunity for the youngest members of our music community. Having attended the Rock Off for years, it's always a great time showcasing a ton of talent and great music.

The Tri-C High School Rock Off is one of biggest competitions in the country for high school rock musicians. We're so lucky to have held it for so many years. This year's prizes for the winning act include the opportunity to perform at the 2024 Rock and Roll Hall of Fame Induction Ceremony. It's a big deal.

Norah performs on Feb. 10. Tickets are digital-only and available for purchase via the Rock Hall website, here. At checkout, use the code NORAH. Each ticket includes a full Rock Hall admission during the event.

We'd love to see you there.

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

The 1st nominee for the Worst Employer of 2024 is … the S&M CEO

I've seen a lot of strange stuff in my 26-plus-year career as an attorney for employers. But this story takes the cake … and it might just run away with the title of the Worst Employer of 2024 when the votes are counted at year's end.

I present to you … the "Slave Contract."

An employee fired by software company Tradeshift recently filed a lawsuit alleging that the company's former CEO required her to sign a "Slave Contract" as a condition of her employment and then subjected her to years of sexual abuse, subjugation, and violence.

8 ways to spot a crook inside your business

Between Sept. 2021 and Oct. 2022, Lyle Bigelow, the now-former COO of 1487 Brewery, embezzled approximately $200,000 from his employer. How? He created fake employees in the brewery's payroll system and directed their illegitimate paychecks to his personal bank accounts.

Bigelow was recently sentenced to 30 months in prison and ordered to pay more than $100,000 in restitution to the brewery (the amount not covered by its insurance).

Do you know how to spot an employee who is potentially stealing from your business? Here are 8 possible warning signs that suggest possible internal theft and/or an attempt to cover it up.

Pro-employee vs. Pro-union

"You can't be pro-employee and anti-union."

"If you're pro-employee you should also be pro-union."

Each of these two themes ran through the more than 1,000 comments posted to last week's viral LinkedIn post on Costco's union organizing.

Let me be as clear as I can be. There is absolutely nothing inconsistent about an employer being both pro-employee AND anti-union.