Friday, May 11, 2018
WIRTW #505 (the “birthday” edition)
This week I celebrated two milestones.
On May 9, the Ohio Employers Law Blog turned 11 (and after 11 years I finally dropped the apostrophe; grammarians, debate).
The day prior, Loula, our beloved family pet, turned 6.
Six is a milestone age for a dog in my family. I’ve never had a dog live this long. Flyer, my beagle, passed away at 5 from autoimmune hemolytic anemia. Zoey, our lab (and our “let’s get a dog before we have kids” dog), also passed away at 5 (you can read my obituary for her here).
Thus, we’ve waited with nervous anticipation for Loula to reach the age of 6, which she did on May 8.
It was certainly a day to celebrate. She kicked back with a dog-friendly cupcake (complete with candle, and which, for the record, my wife said tastes awful), while we humans ate ice cream and serenaded her with “Happy Birthday.”
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 10, 2018
NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
Image by Max Goldberg via Wiki Commons |
I was astounded by NBC’s transparency. It is extraordinarily rare for a private company to release an internal investigative report of one of its employees. In fact, it runs counter to conventional wisdom that harassment investigations should be kept as confidential as possible under the circumstances. Perhaps the combination of NBC’s status as a news agency and the high profile nature of the allegations spurred its decision.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 9, 2018
Sympathetic does not always equal protected under the ADA
Photo by Pexels on Pixabay |
Today’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 8, 2018
Should employers still test for marijuana?
Photo by Michael Fischer from Pexels |
Ohio’s medical marijuana law does not require that employers accommodate employees’ lawful use of medical marijuana. It also permits employers still to maintain drug testing policies, drug-free workplace policies, and zero-tolerance drug policies.
Yet, with the lawful use of marijuana spreading, employers are asking if it still makes sense to test for it as part of pre-employment drug screenings.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 7, 2018
The 8th nominee for the “worst employer of 2018” is … the age discriminator
Today’s nominee for the Worst Employer of 2018 is Seasons 52, a national, Orlando-based restaurant chain.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 4, 2018
WIRTW #504 (the “once bitten, twice shy” edition)
Never in my life did I think that I’d ever attend a biker rally. Yet, three weeks from tomorrow, I’ll be in Sandusky, at Ohio Bike Week.
Why?
I’ll be watching Norah and her bandmates warming up the crowd for 80’s hair band Great White.
If you’re attending, please say hi. I’ll be the one without the motorcycle.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 3, 2018
THIS is how you reasonably accommodate a disabled employee
Photo by David Pisnoy on Unsplash |
Today, I thought I’d take a look at the brighter side—an employer that handled a tricky employee issue correctly.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 2, 2018
5.1 millions reason to keep religion out of your workplace
I’m thinking of starting a religion |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 1, 2018
No one should ever have to choose between their children and their job
Three female associates at Morrison & Foerster have filed an alleged $100 million class-action sex discrimination lawsuit against the firm. They claim that their employer “mommy tracks” lawyer moms working at the firm by denying them opportunities for advancement and higher pay.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 30, 2018
Hair discrimination; not a thing
Give me a head with hair, long beautiful hair
Shining, gleaming, steaming, flaxen, waxen
Give me down to there hair, shoulder length or longer
Here, baby, there, momma, everywhere, daddy, daddy
Hair, hair, hair, hair, hair, hair, hair, hair
Flow it, show it, long as God can grow it, my hair
Friday’s tongue in check post about the beauty of baldness got me thinking about hair and employment law.– “Hair”
Or, more to the point, can an employer run afoul of discrimination laws by making an employment decision based on one’s hairstyle?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 27, 2018
WIRTW #503 (the “bald is beautiful” edition)
I need to get something off my chest. An albatross I’ve carried since my teenage years. I’ve been crushed by the weight of success, intelligence, and sheer masculinity.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 26, 2018
The 7th nominee for the “worst employer of 2018” is … the pregnancy provoker
Kayla Edwards worked as a cashier for Aramark at its location in Gettysburg National Park.
In February 2017, Edwards became pregnant with her third child.
That’s when her troubles at work began, at least according to Edwards’ lawsuit [pdf] (filed earlier this week in federal court in Pennsylvania).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 25, 2018
Nearly half of American workers admit to engaging in workplace revenge
Photo by Avalon_Mists on Pixabay |
And every time I scratch my nails
Down someone else’s back I hope you feel it
Alanis MorisetteRevenge. So natural, and yet so wrong. “Turn the other cheek” is always the preferred practice, and, yet, often life is more “smack you in the cheek” as you turn away.
Even at work.
According to a recent study, 44 percent of workers admit to partaking in some type of workplace revenge.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 24, 2018
Maternity leave does not guarantee continued employment
By Grand Parc CC BY 2.0 via Wiki Commons
|
Discovery of those deficiencies led the supervisor to review Bailey’s qualifications as set forth in her employment application. That review, in turn, uncovered an application Bailey had submitted for a different position at Oakwood two years earlier. A comparison of Bailey’s two resumés on file lead to the conclusion that Bailey had falsified her later application by exaggerating her prior experience and qualifications.
That discovery, coupled with the performance deficiencies, caused Oakwood to terminate Bailey’s employment upon her return from maternity leave.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 23, 2018
DO NOT sacrifice employee safety for productivity
Photo by Milo McDowell on Unsplash |
Wrong.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 20, 2018
WIRTW #502 (the “AirTalk” edition)
Earlier this week, the U.S. Senate made history by unanimously changing its rules to permit Senator (and new mom) Tammy Duckworth to bring her newborn onto the Senate floor while she cast votes.
Yesterday, I guested on Los Angles public radio station KPCC’s AirTalk and spoke with Libby Denkmann about what this means for the future of parental leave laws in America, and why we should be ashamed that countries like Iran and Afghanistan do more for their working moms than we do.
Thanks to Libby for the great conversation, and to my friend, Kate Bischoff, for the connection.
You can listen here. The segment starts at 29:50, and my interview starts at 41:30.
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 19, 2018
If you weren’t angry about the fired Saints cheerleader before, you will be now.
Remember Bailey Davis? She’s the New Orleans Saints cheerleader fired for violating the team’s social media policy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 18, 2018
Apparently God is in the restaurant business, at least according to the 6th Circuit
Photo by chuttersnap on Unsplash |
The DOL’s allegations are pretty offensive. Not only did it claim that all of the restaurant’s employees worked for free, it also claimed that the ministry coerced church members into volunteering, telling them they “had an obligation to provide their labor to the Buffet, in service to God, and that a failure to offer their labor to the Buffet … would be the same as failing God;” that Angley “was God’s prophet, and saying ‘no’ to Angley would be tantamount to saying ‘no’ directly to God,” and “‘blaspheming against the Holy Ghost.’”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 17, 2018
I abhor the term “wage theft,” and you should too
Photo by Thirteen .J on Unsplash |
Some business advocates argue with the very term “wage theft.” Jon Hyman, a local lawyer who represents employers, says not every employer cited for wage theft has willingly denied rightful wages.”To me, wage theft is a loaded term,” he said. “It presumes an intent to steal.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 16, 2018
Must you pay employees for FMLA-related breaks during the work day?
Photo by Liam Stahnke on Unsplash |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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