Edward Prieto, the sheriff of Yolo County, California, likes to hug his co-workers … a lot. According to Victoria Zetwick, a county correctional office and the plaintiff in Zetwick v. County of Yolo (9th Cir. 2/23/17) [pdf], during the 12 years they worked together, Prieto hugged her hundreds of times. Zetwick also claimed that during that same time frame, Prieto hugged several dozen other female employees, but never male employees. Others, however, testified that Prieto also hugged me, just not as frequently as women. Zetwick alleged that a result she found it difficult to concentrate, and that she was constantly stressed and anxious about Prieto’s touching, which she believed had sexual overtones.
Tuesday, February 28, 2017
Can a hug create a hostile work environment? According to this court, yes.
Edward Prieto, the sheriff of Yolo County, California, likes to hug his co-workers … a lot. According to Victoria Zetwick, a county correctional office and the plaintiff in Zetwick v. County of Yolo (9th Cir. 2/23/17) [pdf], during the 12 years they worked together, Prieto hugged her hundreds of times. Zetwick also claimed that during that same time frame, Prieto hugged several dozen other female employees, but never male employees. Others, however, testified that Prieto also hugged me, just not as frequently as women. Zetwick alleged that a result she found it difficult to concentrate, and that she was constantly stressed and anxious about Prieto’s touching, which she believed had sexual overtones.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 27, 2017
I birthed a rock star
The important thing is that THE WORLD NEEDS MUSIC. And there will always be folks (like your sweet daughter) who will make that music!Saturday night, my sweet daughter made that music, and then some.
Norah (age 10) |
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Friday, February 24, 2017
WIRTW #450 (the “Kurt” edition)
Earlier this week, Kurt Cobain would have turned 50 years old. Uncoincidentally, also earlier this week Norah stepped in for an absent bandmate to sing lead on the song that made Kurt Cobain and Nirvana a household name, “Smells Like Teen Spirit”. I think Kurt would have approved.
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This Saturday night, I’ll be at the Rock & Roll Hall of Fame, watching this band kill it in front of thousands as part of the High School Rock Off Final Exam. They are scheduled to hit at 9:25. Tickets are only $12, and include admission to the Rock Hall. It a great night watching the best the area’s school-aged musicians.
Here’s what I read this week.
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Thursday, February 23, 2017
What’s good for the goose … NLRB protects employee’s Facebook post critical of his union
It won’t take much searching through the archives to find posts discussing the NLRB’s protections for employees’ Facebook posts critical of their employers (here, for example). Protected speech under the NLRA, however, cuts both ways. Section 7 not only protects anti-employer comments, but also anti-union comments. Thus, it would make sense that the NLRB would conclude, as it recently did in International Union of North America, Local Union No. 91 [pdf], that section 7 protects an employee who posts on Facebook comments critical of his labor union.
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Wednesday, February 22, 2017
“If I could press a button and instantly vaporize one sector of employment law?” (redux)
Nearly six years ago, Walter Olson, writing as his Overlawyered blog, asked the following question:
“If I could press a button and instantly vaporize one sector of employment law…”?This was my answer:
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Tuesday, February 21, 2017
"A Day Without Immigrants" protests followed by days without work for fired employees
Last Thursday, in protest against President Trump’s immigration policy, people nationwide participated in “A Day Without Immigrants.” As part of the protest, many businesses closed their doors to show what our nation would look like without immigrants. In addition, many immigrants simply did not go to work.
As a result, many now find themselves unemployed.
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Monday, February 20, 2017
Paw-ternity leave is a great idea, but please don’t forget about us humans
This is Loula, our vizsla.
BrewDog, a Scottish brewery set to open up in Columbus this Spring, has your answer—paw-ternity leave.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, February 17, 2017
WIRTW #449 (the “do-over” edition)
- He served a well regarded term on the National Labor Relations Board from from 2002 to 2003.
- He is a former Assistant Attorney General for the Civil Rights Division of the Department of Justice, where, among other acts, he defended the civil rights of American Muslims.
- He is a former Supreme Court clerk and former U.S. Attorney
- He is currently a law school dean.
- Once confirmed, he will become the first Hispanic-American member of Trump’s cabinet, bringing some much needed diversity to the table.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 16, 2017
Andy Puzder, Trump’s pick for Secretary of Labor, withdraws
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Wednesday, February 15, 2017
The 4th nominee for the “worst employer of 2017” is … the callous non-accommodator
Originally from Ukraine, Michael was born without arms as a result of birth defects resulting from the Chernobyl nuclear disaster. He rides a modified bike designed specifically for him and his disability. He is extraordinarily inspirational.
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Tuesday, February 14, 2017
Valentine’s Day at work
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Monday, February 13, 2017
Will new EEOC Chair usher in sweeping changes?
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Friday, February 10, 2017
WIRTW #448 (the “promo” edition)
On February 22, I will be co-presenting a free CLE-eligible webinar for LexisNexis, entitled, “Employment Law: Five Areas to Watch in 2017.” The webinar runs from 2 - 3:35 pm EST.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 9, 2017
“It’s not fair”
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Wednesday, February 8, 2017
Is your company protected from insider cyber threats?
I’ve previously suggested that your employees are your company’s weakest link, and therefore, your greatest threat to suffering a cyber-attack and resulting data breach. While employee negligence (that is, employees not knowing or understanding how their actions risk your company’s data security) remains the biggest cyber risk, another is growing and also demands your attention—the malicious insider.
Dark Reading reports on a recent survey, entitled, “Monetizing the Insider: The Growing Symbiosis of Insiders and the Dark Web.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 7, 2017
How to defend *not* granting leave as a reasonable accommodation
Medical leaves of absence continue to confound employers. Under the ADA, an employer must consider an unpaid leave as a reasonable accommodation. An unpaid leave of some limited duration, however, will be reasonable in most cases.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, February 6, 2017
The 3rd nominee for the “worst employer of 2017” is … the direct discriminator
Our next nominee for the Worst Employer of 2017 is the defendant in Mayes v. WinCo Holdings (9th Cir. 2/3/17) [pdf]—WinCo, a Bosie, Idaho, supermarket chain.
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Friday, February 3, 2017
WIRTW #447 (the “Gorsuch” edition)
- Gorsuch’s extra-judicial writing and speeches — via SCOTUSblog
- What President Trump’s Supreme Court Nominee Means for Employment Law Cases — via Jason Shinn’s Michigan Employment Law Advisor
- I wonder how Trump’s nominee, Neil Gorsuch, might decide a SCOTUS leave-accommodation ADA case. — via Eric Meyer’s The Employer Handbook Blog
- SCOTUS Nominee ‘Excellent’ Choice for Employers — via HR Daily Advisor
- Daily Trumpdate: Gorsuch seems to care about real people — via Robin Shea’s Employment & Labor Insider
- Judge Gorsuch is not Friendly to U.S. Workers — via San Antonio Employment Law Blog
- Where Does Gorsuch Stand on Tech and the Law? — via Technologist
Here’s the rest of what I read this week:
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Thursday, February 2, 2017
Ohio again tries to restore sanity to its bonkers employment discrimination law
It was almost one year ago to the day that I penned, Now is the time to restore balance to Ohio’s employment discrimination law: Endorsing the Employment Law Uniformity Act. I wrote:
For lack of more artful description, Ohio’s employment discrimination law is a mess. It exposes employers to claims for up to six years, renders managers and supervisors personally liable for discrimination, contains no less than four different ways for employees to file age discrimination claims (each with different remedies and filing deadlines), and omits any filing prerequisites with the state civil rights agency.Last year’s attempt at this sanity restoration, Senate Bill 268, died at the end of 2016 with the expiration of the last legislative session.
Thankfully, however, House Bill 2 has resurrected this attempt. (And, yes, the irony that today is Groundhog Day is not lost on me.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 1, 2017
Does the FLSA cover unpaid “gap time”?
What about gap time? “What is gap time,” you ask? It’s employment-law speak for unpaid straight time. Does the FLSA authorize a court to provide a remedy for unpaid straight time (for example, off-the-clock work that does not break the 40-hour weekly threshold)? Or, does the FLSA only authorize back pay for unpaid overtime?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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