Our next nominee for the Worst Employer of 2017 comes from my very own backyard—Cleveland Hopkins International Airport.
Here in Northeast Ohio take our snow removal very seriously, especially (we hope) at the airport, where an icy or snow-covered runway could cause disaster. In 2015, airfield manager Abdul Malik-Al complained to his bosses about his belief that the airport did not sufficiently support its winter-weather crews. Those comments led to the FAA levying a $200,000 fine against the airport.
On Saturday, millions worldwide (2.6 million, according to USA Today) marched for women’s rights. On February 2, the Senate Health, Education, Labor and Pensions committee will hold its confirmation hearing for Labor Secretary nominee Andrew Puzder.
“What does one have to do with the other,” you ask? Consider this—
Last Thursday morning I received a call from Mike Brookbank, a reporter for WEWS, our local ABC affiliate. “I saw your quotes on Money.com on how to post on social media about President Trump without losing your job. I’m pitching a similar story for tonight’s news. Care to be interviewed?”
Last weekend was School of Rock weekend for the Hyman family. My kids showed a packed club what they’ve been working on for the past four months.
Norah never disappoints when she performs (or in life, for that matter). Some 10 year old girls play sports, some dance, some cheer ... mine just kicks ass.
Witness the power of a three-song selection from her Power Trios show, about which I heard whispers was one the best shows any of the three Cleveland-area Schools of Rock has ever done.
Not to be outdone, Donovan made his singing debut a few hours prior. I give the kid a ton of credit. He had a nervous meltdown before leaving the house that afternoon. With a lot help from Mom (and a little from Dad), he composed himself, stood up in front hundreds of strangers, and sang his heart out (complete with dance moves) on The Beatles’ I Saw Her Standing There.
The encore performance is this Sunday (Jan. 22) at Brothers Lounge. Donovan should take the stage around 4 p.m., with Norah to follow at 5:30.
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.
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.
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:
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.
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.
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.
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.
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.
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:
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.
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.
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.
Contained the guide is a document entitled, “Myths About Misclassification”, listing 12 myths the DOL believes businesses commonly hold about independent contractors.
