Thursday, May 12, 2016
President signs the Defend Trade Secrets Act of 2016—what employers need to know
Yesterday, President Obama signed into law the Defend Trade Secrets Act of 2016. It creates a uniform, federal standard for the protection of corporate trade secrets.
What do employers need to know about this new law?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 11, 2016
NLRB positively botches decision over “positive workplace” policy
Do you have a “Positivity Policy” like the following in your employee handbook?
The Company expects all employees to behave in a professional manner that promotes efficiency, productivity, and cooperation. Employees are expected to maintain a positive work environment by communicating in a manner that is conducive to effective working relationships with internal and external customers, clients, co-workers, and management.What could be wrong with a workplace policy that tells employees to “maintain a positive work environment”? Everyone loves, positivity, right?
Everyone, that is, except the NLRB.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 10, 2016
EEOC issues new guidance on leaves of absence under the ADA
What does the EEOC want you know about your treatment of employees’ leaves of absence under the ADA? A whole bunch, according to this guidance, published yesterday by the agency.
The guidance, aptly entitled Employer-Provided Leave and the Americans with Disabilities Act, addresses, according to the EEOC, “the prevalence of employer policies that deny or unlawfully restrict the use of leave as a reasonable accommodation,” which the agency believes “serve as systemic barriers to the employment of workers with disabilities.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 9, 2016
Happy blogiversary to me
Nine years ago today, I launched the Ohio Employer’s Law Blog.
During that span, millions have read 2,421 posts (OMG!).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 6, 2016
WIRTW #411 (the “Green Day” edition)
I’m pretty excited for my daughter’s next School of Rock performance. The show is called “Nerds vs. Punks”, whch pits two of 1994 greatest albums against each other, Weezer’s Blue Album and Green Day’s Dookie.
Here’s a 15-second sneak peak of what you’ll see at Brother’s Lounge on the afternoons of May 14/15.
Here’s what I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 5, 2016
Amended medical marijuana bill offers employers higher protections
Last month, I reported on the introduction of Ohio House Bill 523, which would legalize medical marijuana in Ohio. I suggested that the bill’s protections for employers, which go further than those of either of the two competing November ballot measures, are a good start, but would likely need some tweaks to provide employers all of the protections they need.
Yesterday, employers got some much needed help, with an amended H.B. 523 [pdf], which significantly expands the rights of employers in regard to employees legally using marijuana.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 4, 2016
Transgender bathrooms is a solution in search of a problem
In the blogging world, when you snooze, you lose. Yesterday, my fellow bloggers were all over the EEOC’s publication of guidance on bathroom access for transgender employees:
- Eric Meyer’s Employer Handbook Blog: Not letting transgender employees use the restroom of their gender identity is sex discrimination
- Phil Miles’s Lawffice Space: EEOC issues transgender employee fact sheet
- Robin Shea’s Employment & Labor Insider: EEOC posts fact sheets on LGBT discrimination, transgender issues
- Dan Schwartz’s Connecticut Employment Law Blog: Bathroom Access Rights Guaranteed By Title VII
- The Russ Runkel Report: EEOC & OSHA on transgender bathrooms access
Here’s the bottom line.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 3, 2016
Looks like the DOL just put its new salary test on the discount rack
It’s been a few weeks since we last peeked in on the DOL’s upcoming increase for teh FLSA’s salary test (Winter is coming … for the FLSA’s salary test). It’s long been expected that the DOL would increase the salary test for the administrative, professional, and executive exemptions from $23,660 per year (or $455 per week) to an expected $50,440 per year (or $970 per week). Now, however, it’s been reporting that the DOL has had a change of heart, and will step up the salary threshold to $47,000 per year (or a nice, round, $903.85 per week).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 2, 2016
Maternity leave vs. “Me-ternity” Leave, and what it means for work-life balance
I read with great interest the following story in the New York Post, entitled, “I want all the perks of maternity leave — without having any kids.”
The story, written by Meghann Foye, a self-professed overworked, yet childless, woman in her mid-30s (and author of a recently published novel called “Meternity”), argues that all women deserve “me” time away from work, and that maternity leave shouldn’t be limited just to new moms.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 29, 2016
WIRTW #410 (the “odd jobs” edition)
What is the oddest job in America? It might be the folks who blur to the naughty bits on Discovery Channel’s Naked and Afraid. From The Seattle Times:
“This is a totally weird work environment,” said Shaun O’Steen, the 45-year-old leader of the team, which calls itself the Blur Man Group. “I mean, what job can you say, ‘Oh, my God, look at that penis,’ and not have to worry about HR?” … For O’Steen, the task is slightly complicated by one more fact: His desk is opposite that of a 27-year-old who is the only woman and, by far, the youngest member of the blurring group. She is also his wife.
No matter how weird you think your job is, I’m going to bet it’s not this weird.
Here’s what else I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 28, 2016
Let’s not forget about damages when litigating our cases
When employers are sued, they do not put enough thought into damages. The typical response is, “We didn’t discriminate; we aren't liable.” But, the reality is, unless you win a case on summary judgment (sadly, an unlikely result), you need to think about what a case is potentially worth and how much a plaintiff can potentially cover. For starters, it will drive settlement discussions. Moreover, and more importantly, if a case does not settle, you will want to whittle that number down as low as possible to limit the potential exposure at (gasp) trial.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 27, 2016
Ohio tries again to add LGBT rights to employment discrimination law
As I’ve said more times than I can count, I think it’s repulsive that, in 2016, it is lawful under Title VII and the employment-discrimination laws of most states to discriminate because of one’s LGBT status.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 26, 2016
DOL publishes new employer FMLA guide
Since I recently cut a check to the IRS for the balance due on my taxes, I thought I’d take today’s space to review how the federal government spends our tax dollars. Today’s examination? The Department of Labor’s newest publication, The Employer’s Guide to the Family and Medical Leave Act [pdf].
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 25, 2016
Ohio introduces employee background check legislation
It’s been a busy couple of months for employers, keeping up with the employment-related legislation popping up in Columbus. First, we had the Employment Law Uniformity Act, then the Pregnancy Reasonable Accommodation Act, next the Family and Medical Leave Insurance Benefits Act, and finally the Medical Marijuana Act.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 22, 2016
WIRTW #409 (the “thank you” edition)
This morning I want to say a brief thank you to two organization, each of which hosted me to speak yesterday.
Yesterday morning, I presented Everything You Need to Know About Cyber Security (in 30 minutes). Thank you to local accounting firm Ciuni & Panichi for hosting me at its breakfast session, and a special thanks to Mike Klein for the invite and arranging the event.
Then, last evening I presenting Hot Employment Law Issues for 2016 to a group of HR professionals for ConnectedHR. Thank you to Mark D’Agostino, Connected’s President, for arranging the event and inviting me. It was the first time I’ve ever presented in a wine bar, and, moving forward, it should be the only venue in which I present.
Before we get to this week’s list of links, one more thank you to Walter Olson, who featured me in one of his posts at Overlawyered this week.
Here’s what I read this week.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 21, 2016
Eye rolls might be passive-aggressive b.s., but they are not actionable harassment
Me: “Clean your room.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 20, 2016
No, you can’t make offensive videos about your co-workers, even with Legos
Since we’ve gone serious the last two days, I thought we’d go with the less-serious today. Watch this video, and then let’s talk.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 19, 2016
Is it time for a new NLRB rule on handbook policies?
Last week, in William Beaumont Hosp. [pdf], the NLRB issued yet another decision holding that an employer’s work rules unreasonably infringed on employees’ rights to engage in protected concerted activity. Not newsworthy, right?
The 18-page takedown is a must read for any employer frustrated with its inability to draft facially neutral, reasonably based work rules.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 18, 2016
Are you ready for medical marijuana?
Sooner rather than later, medical marijuana will be a reality in Ohio. Currently, there are three separate efforts to enact this law: two ballot initiatives and one piece of legislation.
What does this mean for Ohio employers? Let’s start with the legislation, H.B. 523.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 15, 2016
WIRTW #408 (the “jobs are all jobs and sometimes they suck” edition)
Ken had a surly fan last night. But when life gives him lemons, he makes memes.
A photo posted by Rhett Miller (@rhettmiller) on
Even rock stars have bad days at the office.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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