Different type of stripper |
Tuesday, July 30, 2019
Labor and employment lessons from the world’s most combative stripper
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 29, 2019
#MeToo hasn’t killed the office romance, just the inappropriate ones
According to the National Review, #MeToo killed the office romance.
It must be a brave soul who dares to strike up a flirtatious conversation at the workplace microwave these days. Only ten percent of Americans report having met their mate at the office, a level that is half what it was in the 1990s.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 26, 2019
WIRTW #561 (the “don’t call me flaky” edition)
According to The Economist, dads face greater workplace penalties for taking parental leaves than do moms.
Americans see taking a break to care for children as a sign of lower commitment to work and even flakiness. … Whereas mothers who take time off to rear offspring face difficulties when returning to work, opt-out fathers may fare worse, says Scott Behson, author of a book called “The Working Dad’s Survival Guide: How to Succeed at Work and at Home”. America has a workaholic culture, he says. Mothers who put their families first eschew that culture, resulting in costs to their careers. But fathers who do so are violating both the workaholic culture and traditional gender norms.
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, July 25, 2019
Which mental health service does the FMLA not cover?
Yesterday, I discussed our national mental health crisis, and the important role employers play in removing barriers to employees receiving the help they need. Then, I came across this post on LinkedIn, discussing a massive barrier that the FMLA institutionally imposes.
An individual suffering with a mental health issue has various treatment and therapy options available to them. For medication, one can see a psychiatrist, a primary care physician, or a nurse practitioner. For assessment and therapy, one can see a psychologist, a clinical social worker, or a licensed professional counselor.
Amazingly, however, the FMLA does not recognize one of these licensed mental health professionals as a “health care provider.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 24, 2019
Employee suicide is the next big workplace safety crisis
A recent headline at businessinsurance.com caught my eye:
It’s a pretty dramatic headline, but when you drill down into the statistics, it has a lot of weight.
- Suicide is the 10th leading cause of death in the U.S.
- Between the ages of 10 and 34, however, suicide is the second leading cause of death, and the fourth leading cause of death between the ages of 35 and 54.
- In 2017, 47,173 Americans died from suicide (more than double the number of homicide victims), and another 1.4 million attempted suicide.
- Between 2000 and 2016, the U.S. suicide rate among adults ages 16 to 64 rose 34 percent, from 12.9 deaths for every 100,000 people to 17.3 per 100,000.
- In 2016, the U.S. Bureau of Labor Statistics hit a record in its 25-year tally of workplace suicides at 291, with the number gradually climbing over the prior decade.
- The highest suicide rate among men was for workers in construction and mining jobs, with 53.2 deaths per 100,000 in 2015, up from 43.6 in 2012.
- The highest suicide rate among women was for workers in arts, design, entertainment, sports and media, with 15.6 deaths per 100,000 in 2015, up from 11.7 in 2012.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 23, 2019
The 14th nominee for the “worst employer of 2019” is … the horrible harasser
And, as bad as that sounds, that description barely scratches the surface of what is actually alleged to have happened in this workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 22, 2019
Parental discrimination claims pose big risks for employers
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 19, 2019
WIRTW #560 (the “more kindness” edition) #IChooseKindness
Yesterday, I asked you all to join me in choosing kindness, and talked about Richard Cook’s Don’t Hurt Anyone Project. Over on LinkedIn, Richard took the time to share his thoughts on my post, which I’m sharing with y’all here.
Hi Jon, I am all in for #IChooseKindness Go! It is wonderful to see so many supportive comments. As you mentioned, I started the #donthurtanyoneproject There are a confluence of factors that led me to create something that felt so quaint and yet so urgent. One was sitting in the crowded gate area of airports waiting for a delayed flight. In my former career I did a lot of that. Inevitably I had the opportunity to talk with quite a few individuals. Sometimes we shared many of the same perspectives. Others not so much. But never in the latter of those two categories did a person get up and move to the furthest seat from me or I the same. We didn’t shout over each other. We just talked. When boarding time came we exchanged courtesies, sometimes shook hands and a few times figured out if we could be seated together to keep talking. It was hard for me to reconcile the “Divided States of America” narrative. No doubt that Americans disagree. However, I would suggest that for every ugly incident or rant that makes the news, there are far more that stop to help a motorist with a flat, make room in their family for a foster child or volunteer to help those struggling. Those people don’t ask for recognition but we need their energy. Urgently.
Let me know that you are choosing kindness by dropping a comment below, or by sharing your thoughts on any of your social channels with the hashtag #IChooseKindness.
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, July 18, 2019
I choose kindness
In a world that has decided
That it’s going to lose its mind
Be more kind, my friends, try to be more kind
Frank Turner, Be More Kind
I’m a huge fan of Richard, his project, and their message.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 17, 2019
There isn’t a “magic number” of racial or ethnic insults an employee must prove to establish a hostile work environment
Jamie Ortiz (of Puerto Rican descent) worked for the Broward County, Florida, School Board in various capacities for nearly 20 years, including, from 2009 through 2017, as an auto mechanic in the district’s garage under the supervision of Michael Kriegel.
According to the testimony of both Ortiz and many of his co-workers, Kriegel had some issues with Puerto Ricans and other Hispanics, which he expressed to anyone who would listen, including Ortiz, on a daily basis.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 16, 2019
A handy FAQ for service animals in the workplace
A local Subway recently earned itself some bad publicity when an employee denied access to a customer with a service dog.
While this story involved a customer, and not an employee, it did get me thinking about employee service dogs at work.
I created this handy FAQ on service dogs at work for your reference.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 15, 2019
The 13th nominee for the “worst employer of 2019” is … the excoriating executives
It’s been nearly a month since I posted the last nominee for 2019’s Worst Employer. It’s not for lack of ideas; it’s just that the prior nominees have been so awful that the bar for qualification has been set pretty high. Thankfully, France Télécom has come to the rescue.
What did the former top executives at France’s national phone company do to earn their nomination?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 12, 2019
WIRTW #559 (the “Happy Birthday D-Man” edition)
This guy turns 11 on Sunday.
Here’s what I read the past two weeks.
- No lockable private room for breast-feeding at workplace: $3.8 million award — via Overlawyered
- #MeToo: Looking to best teaching practices for effective training — via Employer Law Report
- What form of discrimination do juries hate most? (But, you’re probably doing the least to address.) — via Eric Meyer’s The Employer Handbook Blog
- “Sexual harassment” in the nature of the business — via Robin Shea’s Employment & Labor Insider
- 11th Cir.: Hospital employee fired for performance, not reporting racial slur — via HR Dive
- Federal Court Declares That a Ban on Mandatory Arbitration of Sexual Harassment Claims Is Inconsistent with Federal Law — via Financial Services Employment Law
- USWNT – Enough Already, This IS RIDICULOUS! — via Compensation Cafe
- Applicants are not required to disclose a pregnancy before or after being offered a job — via Richmond Times-Dispatch
- Your Job Candidates and New Hires are Ghosting You. This is What You’ve Earned and 9 True Tales of Ghosting at Work — via Evil HR Lady, Suzanne Lucas
- Yikes!!! Sometimes HR Pros and Managers Can Be Personally Liable for Violations!!! — via The EmpLAWyerologist, Janette Levey Frisch
- Office pranks shouldn’t end with the ER, vomit, or tears — via Ask a Manager
- Would You Fire Starbucks Employees Who Ask People to Leave for Questionable Reasons? — via The HR Capitalist
- Everybody Deserves PTO — via Laurie Ruettimann
- Border Patrol union president: Fire agents responsible for offensive Facebook posts — via CUE, Inc.
- Security Considerations in a BYOD Culture — via Dark Reading
- NIST Issues Report on Internet of Things Cybersecurity — via Ride The Lightning
- Cybersecurity For Businesses Part 1-How Cybersecurity Has Evolved — via Accellis
- Understanding Millennials’ And Technology’s Role In The Workforce, Part One — via Forbes
- More Companies Expanding Employee Monitoring — via EntertainHR
- Your Blockchain in HR Guide In Just 5 Minutes — via Workology
- To The Victors Go Few, If Any, Spoils In Wage And Hour Suits — via Law 360
- Can You Switch a Full-Time Worker Into a Contractor? — via Evil HR Lady, Suzanne Lucas
- Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law — via Labor Employment Law Blog
- The cost of a $15 federal minimum wage — via Workplace Fairness
- Time Is Money: A Quick Wage-Hour Tip on … Time-Rounding Continue Reading — via Wage & Hour Defense Blog
- Dear Employers: You Can Go To Jail For Firing Employees Due To A Garnishment — via Donna Ballman’s Screw You Guys, I’m Going Home
- This One’s a Whopper! Court Puts Kibosh on Burger King Franchisee That Required Two Calls to Request FMLA Leave — via Jeff Nowak’s FMLA Insights
- NLRB speak on Employee Handbook Provisions (again). Private Sector Employers Take Note. — via BeLabor The Point
- The Gig Economy — via Labor Relations Institute
- NLRB Strengthens Employer Property Rights: What UPMC Means for Employers — via Hunton Employment & Labor Law Perspectives™
- NLRB Limits Duty to Bargain Over Disciplinary Actions — via Labor Employment Law Blog
- Do I Have to Buy a Standing Desk for My Employee? — via upstartHR
- Sixth Circuit Strikes Down Workers’ Compensation Claimant Solicitation Law — via The Employment Brief
- Ohio Senate Removes Damaging Changes to Workers’ Compensation Budget — via Ohio Chamber Blog
- Nonprofit Workplaces — via Harvard Business Review
- What Else is at Issue in the BWC Budget Bill? — via Employers Workers’ Compensation Law Blog
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 11, 2019
Rob Mendez won the Jimmy V Award at last night’s ESPYS, and it might be the most inspiring thing you’ve ever seen
Rob Mendez coaches the JV football team at Prospect High School in Saratoga, California. He’s also lived his entire life with no arms and no legs. He was born with tetra-amelia syndrome, an extremely rare genetic disorder that prevented their embryonic formation. You can read Rob’s entire (and entirely) compelling story at this ESPN feature story, or watch it in this Jon Hamm-narrated featurette.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 10, 2019
Why are employers testing job applicants for prescription medications?
During a pre-employment medical examination and drug screen, an applicant tests positive for Alprazolam, the generic form of Xanax (a medication commonly prescribed for anxiety), a fact she had already disclosed during the examination. The doctor performing the medical exam and reviewing the drug screen concludes that the applicant is medically acceptable for work as an intake specialist at an inpatient mental health facility. The employer, however, has other ideas. It withdraws the job offer without providing the applicant any opportunity to discuss the results.
The applicant sues, claiming disability discrimination.
Who wins?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 9, 2019
NLRB offers significant and important guidance on its new(ish) employee handbook rules
It’s been just over 18 months since the NLRB decided Boeing Co., perhaps its most significant decision in decades. It rewrote more than a decade of precedent by overturning its Lutheran Heritage standard regarding when facially neutral employment policies violate the rights of employees to engage in concerted activity protected by section 7 of the National Labor Relations Act.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 8, 2019
Why, yesterday, in France was a stadium full of people chanting “EQUAL PAY?”
Indisputable fact no. 1: Women and men should earn the same pay for the same work.
Indisputable fact no. 2: The players on the United States women’s national soccer team earn substantially less than their counterparts on the men’s team.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 3, 2019
4 ways your employees are like a new puppy
We are on day 5 of new puppy in the Hyman household. Dante is adjusting well, as are we (including big sister Loula … more or less). It’s been 7 years since we last raised a puppy. And the thing I forgot the most is just how many rules there are.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 2, 2019
There’s no such thing as “reverse” discrimination—it’s all just discrimination
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 1, 2019
Don’t forget about overtime pay when providing bonuses to non-exempt employees
This bonus program has the potential to be a great way for the restaurant to break through in a tight labor market to attract talent. It also, however, has the potential to pose an FLSA nightmare. Bonus payments often count as part of a non-exempt employee’s regular rate of pay, thereby increasing the overtime premium owed to that employee.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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