A not-so-subtle reminder about the need for cybersecurity training

I feel like I’ve written a lot lately about the need for cybersecurity training for employees (for example, here, here, and here). Yet, as long as employees keep opening unknown emails and clicking on strange links, we need reminders of why this training is necessary. And, just this past week, the Cleveland Metropolitan School District offered a great teachable moment.

OSHA suggests employer best practices for anti-retaliation programs

The Occupational Safety and Health Administration has published recommended best practices to protect from retaliation employees who report workplace safety or other concerns under any of the 22 statutes OSHA enforces.

The document, entitled, Recommended Practices for Anti-Retaliation Programs [pdf], outlines five key elements of an effective anti-retaliation program:

Pets in your workplace? Assess the risks and draft a policy.

A reader recently emailed the following question:

Some people need service dogs to get to work. But many more simply want to take their dogs to work. What is the protocol? What are the HR rules on this? And what are the penalties for illegally taking a dog to work?

Are you thinking about opening up your business to employees’ pets? You will find very few resources on the internet to help. And, you will need a written policy before you allow pets in. Here are some considerations:

SCOTUS to review NLRB ban on class-action waivers

One of the biggest issues on the NLRB’s hit list over the past few years has been class-action waivers. In D.R. Horton, a 3-2 majority of the Board held that an arbitration agreement which requires employees to waive their right to collectively pursue employment-related claims in all forums (i.e., by giving up their right to file or join class or collective actions) violates employees’ rights under the National Labor Relations Act to engage in protected concerted activity. This issue is significant, as employers seek to use class-action waivers to combat the plague of wage-and-hour lawsuits.

In the four years since D.R. Horton, the NLRB has invalided hundreds of class-action waivers. On appeal, however, not all federal circuit courts have been kind to D.R. Horton. The 5th Circuit overturned D.R. Horton itself, while other circuits have sided with the NLRB on this important issue.

Now, the Supreme Court is poised to have the final say.

WIRTW #444 (the “training” edition)

The workplace training video. I hope yours go better than this example.


Here’s what I read this week:

… and an early contender for worst employer of the year

We already have a nominee for worst employee of 2017, so why not share the love and nominate a worst employer.

Drum roll…

Tread carefully if stripping employees of their pay

Wait, not this kind of stripping?

Stevens v. Oval Office (E.D. Wisc. 12/29/16) [hat tip: Walter Olson’s Overlawyered] poses an interesting question—is it ever permissible to dock an employee’s pay for disciplinary reasons? The fact that the plaintiffs are adult dancers docked for rule infractions such as “failing to fully remove all clothing, except for underwear, by the end of the first song when dancing on stage” doesn’t dissuade interest either.

Cleveland Clinic doctor feeling ill after anti-vax blog post stirs trouble

A wellness physician at the Cleveland Clinic is in hot water following his blog post on Cleveland.com, in which he argued that parents avoid vaccinating their children. The doctor, Daniel Neides, is the medical director and chief operating officer of the Cleveland Clinic Wellness Institute.

In his post, he attacked flu shots for children and questioned the safety of childhood vaccination schedules, citing a debunked link between vaccines and autism. His byline used the Cleveland Clinic’s logo and identifies him a Cleveland Clinic physician.

Failure to follow employer’s reporting rules dooms employee’s FMLA claim

F-M-L-A: four letters that cast fear in the heart of any HR professional. So many rules to follow, so many ways to mess up and cost an employer. It's not just an employer that has FMLA rules to follow, however. Employees also have rules that they must follow, or the FMLA will not protect their leave.

In Alexander v. Kellogg USA (6th Cir. 1/4/17) [pdf], an injured production operator terminated for unexcused absences lost his FMLA claim because he failed to follow his employer's attendance policy.

WIRTW #443 (the “gigs” edition)

Holy cow, has it really been three weeks since I last posted a weekly roundup? It’s also early January, which means it’s School of Rock show season for my kiddos, and there are a whole bunch upcoming:

• Norah grabs the mike as part of the Power Trios show, on Jan. 14 at 7 pm at 42 Eighty Food & Drink, and again on Jan. 22 at 5:30 pm at Brothers Lounge.
• Donovan tickles the keys and makes his lead vocal debut, on Jan. 14 and Jan. 22, both at 3 pm at the same venues.
• Norah’s Junior Headliners band, now known as the Major Minors, plays the finals of the High School Rock Off from the stage at the Rock and Roll Hall of Fame, Feb. 25, with a warm-up gig at Coda on Jan. 15 at 3 pm.

As always, if stop and say hello and mention the blog, your next beverage is on me.

Here’s what I read the past three weeks:

Mandatory flu shots cost employer bigly

You may recall that in September I reported on a lawsuit the EEOC filed against a Pennsylvania hospital, alleging that it unlawfully fired six employees after denying their request for a religious exemption from the flu vaccine.

How did that case turn out for the employer? Not well. From the EEOC:

An early contender for employee of the year

It’s only the 4th day of January, and we already have an early contender for employee of the year. I can not do this story any justice better than the original article in the New York Post.

HR director sues to find out who sent her ‘a bag of d–ks’ 

Why it doesn’t matter that Ohio’s concealed-carry law removed its discrimination protections

We are going to begin 2017 near where we brought 2016 to a close—gun-owner protections.

Shortly before the end of Ohio’s 131st legislative session, Governor Kasich signed into law Amended Substitute Senate Bill 199, which, among other provisions, creates certain rights for lawful handgun owners to store said handguns in their vehicles parked on the property of their employers. You can read the specifics here.

The 12 Days of Employment Law Christmas (2016 edition)

For the past four Noels, I've concluded my posting year with “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again (with updated links). If you’re feeling brave, post a video of yourself singing along.

(Some musical accompaniment)

12 myths about independent contractor misclassification

Earlier this week, the Department of Labor published a new web guide on the issue of independent contractor misclassifications. The DOL’s tagline, “Misclassification Affects Everyone”, along with the comprehensive content contained therein, makes it clear that this issue remains hot for the agency. 

Contained the guide is a document entitled, “Myths About Misclassification”, listing 12 myths the DOL believes businesses commonly hold about independent contractors.

From the archives: Santa’s Employee Handbook

While I’d like to believe that every post I’ve ever written is indelibly embossed on the brain of every person that’s ever read my blog, I understand that readers come and go, and not everyone reads or recalls every post. As a result, sometimes it makes sense to dive into the archives to revisit a timely (and timeless) post of yesteryear.

So today I bring you, all the way from Dec. 11, 2014, Even Santa needs an employee handbook.

Take a gander at my recent cyber security webinar

Today I thought I try something different. Instead of reading what I have to say, I thought I’d give you a chance to listen to what I have to say.
The topic du jour — cyber security. Below is a video of a webinar I conducted last week, entitled, Everything Homebuilders Need to Know About Cyber Security in 30ish Minutes (but are afraid to ask). 
Even though the webinar was for the Home Builders Association of Greater Cleveland, most of the presentation is of general business interest, and of particular interest to HR folks. Cyber crime is one of, if not the, biggest threat to American businesses (see Yahoo, Target, Home Depot, the DNC…). If this issue is not squarely in the middle of your company’s radar, it should be for 2017.

WIRTW #442 (the “Good with God” edition)

Any week my favorite band—the Old 97’s—release new music is a week to be celebrated. (I know, Old 97’s music two Fridays in row. Deal with it or read something else today).

I’ll let Rolling Stone do the heavy lifting:

“I’m good with God. I wonder how she feels about me?” 

So ends the chorus of the Old 97’s’ “Good With God,” the lead single from the band’s 11th album, Graveyard Whistling. Due February 24th, the album offers up another boozy blast of Texas twang, train-beat percussion and guitar grit from Rhett Miller and company, who recorded its 11 songs in the same border-town studio that spawned the group’s major-label debut, Too Far to Care, two decades earlier. 

With their original four-piece lineup still intact, the Old 97’s welcome a new face into the fold with “Good With God,” whose titular omniscient character is played by Brandi Carlile. The two trade vocal duties throughout, with Carlile’s voice bathed in plenty of godly reverb. The result is an ominous, off-kilter duet between Miller and his maker, driven forward at highway speed by bandmates Philip Peeples, Murry Hammond, and Ken Bethea.

You can pre-order the new album, Graveyard Whistling, here (CD, digital, or four different colors of vinyl). Why wait for it’s official release on February 24? They are good musicians and better people that deserve for their music to be purchased, not streamed. And, look for the band to roll though your town in the Spring and Summer. They are a live act not to be missed.


Here’s what I read this week.

When a self-fondling supervisor earns the nickname “Mr. Bojangles,” it’s not going to end well

The EEOC reports that it has sued Goodwill Industries of the East Bay Area for sexual harassment and disability discrimination, following allegations made by disabled female nightshift janitors against their supervisor. The allegations are … disturbing:

Santa Claus and child labor laws

While I was watching Rudolph the Red Nosed Reindeer with my family something struck me. The elves working in Santa’s Workshop manufacturing the toys looked awfully young. Is it possible that the North Pole lacks child labor laws? Is this how Santa keeps his costs down? After all, he needs toys for more than half a billion children.

So, what are Ohio’s child labor laws?