Monday, September 30, 2019
Are hangovers the next frontier of your FMLA headaches?
A German court recently ruled that a hangover qualifies as an “illness.”
Which got me thinking … are hangovers the next frontier of your FMLA headaches?
Thankfully, the answer to this question is almost certainly “no.”
But it’s worth reviewing the FMLA’s definition of “serious health condition” to see how I reach that conclusion.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 27, 2019
WIRTW #570 (the “unexpected” edition)
It’s not everyday you witness a band of 12- to 15-year-olds absolutely wail on Black Sabbath’s “War Pigs.”You can read the rest of the story here, check out Fake ID at their website, and catch them performing at the Best of Cleveland Party at the Rock and Roll Hall of Fame on October 25.
Yet there’s Fake ID, chugging through the sinister heavy metal classic with style and skill to spare, cresting a wave of pummeling sound…. Yes, the cover act’s ages often precludes bars and clubs from their tour dates, but Fake ID’s easy poise and undeniable chops tend to draw a crowd wherever they plug in.
Here’s what else I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 26, 2019
6th Circuit holds that an employee cannot contractually shorten Title VII’s statute of limitations
In Thurman v. Daimler Chrysler, the 6th Circuit agreed that the following agreement between an employer and an employee shortening the time in which an employee has to file a lawsuit was lawful.
READ CAREFULLY BEFORE SIGNING I agree that any claim or lawsuit relating to my service with Chrysler Corporation or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.
I’ve long argued that because of Thurman, employers should consider having all employees agree to a shortened statute of limitations to limit the duration of their potential exposure to employment claims. Yesterday, however, the same court punched big hole in this litigation avoidance strategy.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 25, 2019
DOL announces new salary threshold for white collar exemptions
Yesterday, the Department of Labor announced that effective January 1, 2020, the salary threshold for an employee to be exempt from overtime under the administrative, executive, professional, and computer exemptions will increase from $455 per week to $684 per week (or $35,568 per year). For employers, this new threshold means that employees who are currently exempt and earn a salary of less than $684 per week will, in most cases, become non-exempt. The change is expected to impact an estimated 1.2 million workers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 24, 2019
Girl Scouts good / union organizers bad
What if, however, you allow your employee’s daughter’s Girl Scout troop to set up a table outside and sell cookies? Have you just opened yourself to an argument that allowing cookie sales unlawfully discriminates against the banned union organizers?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 23, 2019
No-fault attendance policies offer no cover when the ADA or FMLA are involved
An employee suffering from epilepsy, migraines, and heart condition asks (with a medical note) for two unpaid days off from work unpaid to treat symptoms related to her disabilities. Instead of granting the leave, the employer assigns the employee points under its no-fault attendance policy and fires her for exceeding the allowable number of attendance points. The EEOC has sued the employer, alleging disability discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 20, 2019
WIRTW #569 (the “get by with a little help” edition)
I bet you can’t find someone having a better time than this guy.
I hope you have something in your life that brings you this much joy.
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, September 19, 2019
Accommodating pregnant employees is a legal floor, not a ceiling
UPS has agreed to pay $2.25 million to settle a pregnancy discrimination charge investigated by the EEOC. The agency was to consider whether UPS’s policy of providing light duty as an accommodation to employees injured on the job, but not to pregnant employees, violated Title VII. The policy the agency was investigating appears to predate the Supreme Court’s 2015 decision in Young v. UPS.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 18, 2019
When investigating misconduct, you don’t have to overturn every stone, but you also can’t ignore the obvious ones
Unless you're a wine nerd, you likely haven't heard about the cheating scandal that has rocked the Court of Master Sommeliers, the nonprofit governing body that administers the group’s exams.
For the uninitiated, the Master Sommelier diploma is the highest distinction a fine wine and beverage service professional can attain. To obtain the diploma, one must pass a three-part exam that includes an oral theory examination, a deductive blind tasting of six wines, and a practical wine service examination. The exam is so hard that there are only 262 professionals worldwide who have ever passed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 17, 2019
It’s illegal to refuse to hire men, even if you’re a sex store
The EEOC has sued Sactacular Holdings, LLC d/b/a Adam & Eve for sex discrimination for refusing to hire male applicants. What is Adam & Eve? The EEOC’s news release describes it as a “North Carolina limited liability company.” The more accurate description? According to its (NSFW) website, it’s “the leader in the lingerie and adult boutique market.”
How did it discriminate?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 16, 2019
Employee fired for stacking his intermittent FMLA leave with vacation days loses retaliation claim
Kevin LaBelle, a lab technician for Cleveland Cliffs, took occasional days off from work for approved intermittent FMLA leave for flare-ups related to a shoulder injury. His employer noticed that LaBelle seems to always take his FMLA leave by combining it with scheduled days off and vacation days.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 13, 2019
WIRTW #568 (the “work songs, vol. 1” edition)
Today, I thought I’d take a look at some of the best songs ever written about working. Here are my first five. (These are not necessarily the “top 5,” and are not in any particular order; they are just the five that came to mind.)
- “Working Class Hero” — John Lennon
They hate you if you’re clever, and they despise a fool
Till you’re so fucking crazy, you can’t follow their rules
A working class hero is something to be
A working class hero is something to be
- “9 to 5” — Dolly Parton
No matter what they call it
And you spend your life
Putting money in his wallet
Working 9 to 5
What a way to make a living
- “Longer Than You’ve Been Alive” — Old 97’s
And if you offer me an office, I’d have to pass
But our jobs are all jobs, and sometimes they suck
I love what I do, and I’ve had pretty good luck
- “Takin’ Care of Business” — Bachman-Turner Overdrive
And start your slavin’ jobs and get your pay
If you ever get annoyed, look at me, I’m self-employed
I love to work at nothing all day
- “Career Opportunities” — The Clash
Bus driver
Ambulance man
Ticket inspector
I don’t understand
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, September 12, 2019
It’s hard to win a lawsuit when you admit you don’t have a case
James Scott’s employer fired him for accumulating 10 points under its no-fault attendance policy. He claimed FMLA retaliation, alleging that his employer unlawfully assessed some of his points while he was taking FMLA-protected leave to care for his ill wife.
At his deposition, however, Scott admitted that the FMLA had nothing whatsoever to do with his termination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 11, 2019
When alcohol is involved, the ADA distinguishes between “having a disability” and “disability-related misconduct”
Alcoholism is an ADA-protected disability. Yet, the ADA does not require that employers accommodate alcoholics by permitting them to drink, or otherwise be intoxicated, on the job.
Case in point? Dennis v. Fitzsimmons (D. Col. 9/5/19).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 10, 2019
The supposed #MeToo backlash is just discrimination by another name
A recent study suggests that there has been a backlash against the #MeToo movement.
According to the Harvard Business Review, men have are treating their females co-workers differently because of #MeToo.
- 19% of men said they were reluctant to hire attractive women
- 21% said they were reluctant to hire women for jobs involving close interactions with men
- 27% said they avoided one-on-one meetings with female colleagues
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, September 9, 2019
NLRB asks for help to overturn some really $%#^ bad decisions
“Bob is such a NASTY MOTHER FUCKER don’t know how to talk to people!!!!!! Fuck his mother and his entire fucking family!!!! What a LOSER!!!!”
“Hey, did you bring enough KFC for everyone?” “Go back to Africa, you bunch of fucking losers.” “Hey anybody smell that? I smell fried chicken and watermelon.”
You’d think that if any of your employees lobbed any of these bombs at a supervisor or coworker, you’d have no legal issue if you fired them. And you’d be right … usually.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 6, 2019
WIRTW #567 (the “passion” edition)
In garages and basements and dorm rooms across the country and around the world, bands are forming this very minute. They are arguing over favorite songs, greatest albums, Stratocaster versus Telecaster, and inevitably which one of the members is going to have to switch from guitar to bass. These hopeful young dreamers give me hope.
But we also shouldn’t kid ourselves: they are exceptions. For every one of these fledgling anarcho-syndicalist collectives, there are a thousand or a million kids alone in their bedrooms staring at Protools screens wondering what they have to do to get the Swedish cabal to write a hit song for them. They download a file onto Bandcamp or YouTube, start logging the hits, and pray.
And oh my God, that sounds so lonely.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 5, 2019
When common sense carries the day
Jordan does not explain how being disciplined for her unplanned absences and tardy arrivals created a hostile work environment. Without evidence indicating that she experienced severe or pervasive conduct, Jordan’s hostile work environment claim fails.
Every now again it’s refreshing to review a common-sense judicial opinion. Jordan v. United Health Group is just such a case.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 4, 2019
Social media accounts are not telling you the whole story about your applicants and employees
If you rely on social media to paint for you a full and complete picture about your job applicants and employees, you are going to be very disappointed.
According to a recent survey, 43% of workers use privacy settings to keep material hidden from employers, and 46% have searched for their own names and taken further measures to conceal their social media presence based on what they found.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, September 3, 2019
Why “ban the box” doesn’t work for employers or employees
Listen this clip from Ear Hustle (a podcast about “the daily realities of life inside prison shared by those living it, and stories from the outside, post-incarceration”), and then let’s chat about “ban the box.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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