The Internet was invented in 1983. It’s taken me 32 years to figure out why. The Internet was invented so that someone could replace audio of Darth Vader with audio of Donald Trump in Star Wars clips.
Darth Trump wins the Internet.
Here’s the rest of what I read this week:
Yesterday, #ElderlyChristmasSongs trended on Twitter. Yes, it’s meant to be a joke, and, yes, some were even funny. Now here’s the part where I get to play Employment Law Scrooge.
On October 12, USC fired its head football coach, Steve Sarkisian. Yesterday, Sarkisian filed a 31-page, 14-count complaint in California state court challenging his termination. The crux of his claims? That USC violated state disability-discrimination laws by terminating him because of his disability and failing to accommodate his disability—alcoholism.
There is no doubt that the ADA protects alcoholism as a disability. The law, however, draws a line between protected addiction and unprotected on-the-job misconduct , even when the former causes the latter.
This case will test the limits of that line.
If you’ve been reading my blog for any length of time, what I am about to tell you should not come as a shock—I’m not a huge fan of the current iteration of the NLRB.
Yes, labor unions have a right to exist, and, yes, employees have the right to join them, and, yes, unions have the right to collectively bargain for wages, hours, and other terms and conditions of employment. When the NLRB operates correctly, it balances the rights of employers, unions, and employees to maintain industrial peace. Currently, the NLRB is not operating correctly.
My main critique of the NLRB is not with its handling of the 7% of the American workforce that is collectively bargained (although that has issues too), but instead with its handling of the other 93%. The NLRB has waged a war over the past five years on the issue of protected concerted activity, and nowhere do the NLRB’s opinion and my opinion differ more than over the issue of employee handbooks and workplace policies.
The holiday season is in full swing. Gifts are flying off the shelves, FedEx is delivering too many Amazon-logoed boxes to count, and lights, trees, and wreaths are everywhere.
What about the workplace? Can you legally decorate for the holidays at work? And, if you do, does the law require that you accommodate all religions in your holiday displays? The answer might surprise you.
Yesterday afternoon was the Fall Play-In at my daughter’s school. It’s essentially a music recital for the kids in grades K – 5 who take private music lessons. Amid a chorus of Christmas and classical pieces on the grand piano, Norah rocked The Who’s I Can See For Miles on her Fender, which she recently started learning. Like always she’s her own toughest critic. To me, and everyone else there, she sounded great.
Here’s the rest of what I read this week:
Today’s post was going to be about accommodating different holiday traditions at work, but that post will have to wait. Yesterday, San Bernardino happened.
It’s not right that we have to think about how to respond if an active shooter enters your workplace. It’s not right that the phrase active shooter is even part of our vocabulary. But, we do, and it is. And your business needs to know how to respond in the event this evil enters your business.
Thankfully, your friendly neighborhood Department of Homeland Security has put together a guide on how to respond to an active shooter [pdf].
Perhaps it’s a coincidence that the EEOC released guidance on the ADA’s protection of HIV-positive employees within two weeks of Charlie Sheen announcing his diagnosis. Or, perhaps the EEOC seized on an opportunity to spread awareness about an important issue.
Regardless, yesterday the EEOC published information on the legal rights of employees living with HIV.
Most importantly, employers need to understand that the the ADA makes no distinction between an employee who has asymptomatic HIV and one who suffers with the AIDS virus. An employer cannot discriminate against an employee because of one’s HIV status, and an employer must make reasonable accommodation, if necessary, to enable that employee to perform the essential functions of the job.
Two stories on Employment Law360 caught my attention: McDonald’s To Pay $1.5M To Settle Workers' Wage Suit and Wage Suits Hit Record High Amid Focus On Worker Rights.
First, McDonald’s Corp. agreed to pay $1.5 million to settle a lawsuit claiming that it had failed to compensate a class of employees for time associated with cleaning work uniforms.
On the heels of that story, Employment Law360 reported that new federal-court wage-and-hour suits hit an all-time high in 2015, up 8% from 2014 (8,781 versus 8,160).
What does this mean for employers?
Yesterday I said that I’d be back next week, but then I checked the analytics for my site and noticed a huge spike for a post that digs deep into the archives: 8 things you need to know about holiday pay.
So, since tomorrow is Turkey Day, with most businesses closed, the magic of a quick cut-and-paste brings you everything you wanted to know about holiday pay for your employees.
For those of you who have Thursday and Friday off, enjoy your holiday weekend. Eat, drink, shop, be merry, and, most of all, enjoy your families and be thankful for all that you have.
Most people assume that the Rock & Roll Hall of Fame indicated seminal acts such as the Rolling Stones as part of the museum’s inaugural class. Those assumptions are wrong. The Stones did not earn their enshrinement until 1989, in the Hall’s fourth year.
I guess I’m the Rolling Stones of legal bloggers. Yesterday, the ABA Journal inducted me into its Blawg 100 Hall of Fame, in the fourth year the magazine has bestowed such an honor. It also marks my sixth consecutive (and last) honor in the Blawg 100. As a Hall of Famer, I’m required to stand aside for future Blawg 100 lists to make room for new blood.
The first six months of the NLRB’s ambush election rules have resulted in one expected result and one unexpected result.
On the expected front, the median time from the filing of a representation petition to the holding of an election has dropped nearly 40 percent, from 38 days to 23 days.
What is the unexpected result?
In my never-ending quest to turn my legal blog into a promotional blog for my daughter’s nascent music career, I bring you the debut performance of this year’s School of Rock Jr. Headliners — Sunday, December 6, from 4 to 8 pm, at Coda (a new, and supposed very cool, music venue owned by Cleveland chef and restaurateur Dante Boccuzzi).
For the uninitiated, the Jr. Headliners is SoR’s audition-only band for kids 8th grade and under (there is another Headliner band for high schoolers, which will also be on the bill). Norah earned her spot on her vocal chops.
Here’s a tease from the band’s “preview” performance at SoR’s annual Halloween bash — Jet’s Are You Gonna Be My Girl.
My standing offer is still good. If you’re at the gig, say hi, and mention the blog, your next drink of choice is on me.
Here’s the rest of what I read this week:
At the beginning of 2015, I reported on the launch of a new app — Memo — which allowed employees to post anonymous comments or complaints about their workplaces. Microsoft has now joined the fray of workplace griping apps with one of its own, called Forum.
According to the app’s description, it “lets ideas thrive, facilitates open dialogue within organizations, and enables employees to freely express themselves.” More importantly, unlike Memo, Forum appears to be non-anonymous. From iMore: “Forum has apparently been designed primarily for businesses to give their employees a chance to speak their minds and connect with their fellow workers and executives.”
Two and a half years ago I asked, How much does it cost to defend an employment lawsuit? My answer:
The reality is that defending a discrimination or other employment lawsuit is expensive. Defending a case through discovery and a ruling on a motion for summary judgment can cost an employer between $75,000 and $125,000.
Oh, how I love to be right.
On September 30, the Ohio House passed the Fair Hiring Act, which would prohibit the State of Ohio from including on any employment application for a state job any question concerning the criminal background of the applicant. The measure is now being considered by Ohio’s Senate, which is separately considering a different bill that would apply the same prohibition to all Ohio employers, public and private.  |
| Photo by Jon Hyman, 8/6/15 |
Have you ever played Cards Against Humanity? It’s a very adult version of Apples to Apples. I made the mistake of playing with my mom, and let’s just say that I learned some things that a child should never know about his mother, no matter their respective ages. Hilarious things, but, all things being equal, the laughs weren’t worth the memory scars.
HireVue, obvious fans of the game, came up with a fabulous promotional idea. They call it Cards Against HR, and my deck came in mail earlier this week. When I tweeted HireVue my love of its idea, they challenged me to post a picture of the best (or worst) hand I could come up with.
@jonhyman Show us the best (or worst) cards that you get! - Nicole
— HireVue (@hirevue) November 9, 2015 Well, HireVue, I am never one to shrink from a challenge.
Here’s the rest of what I read this week:
True confession time. I watch The Voice. It’s not like it’s at the top of my DVR, but, my remote always seem to stop on NBC between 8 and 10 on Monday and Tuesday nights. (My pick to win this season: Amy Vachal). So, when I heard that Team Shelton and Team Gwen had formed one team outside of work, I thought, “What a great opportunity to write a blog post on office romances.” (This is how the mind of blogger works).
What can do wrong with office romances? As it turns out, a lot. So, in the spirit of The Voice, here’s 10 reasons co-workers shouldn’t turn their chairs for each other.