Is your business prepared for a cyber attack? (probably not, but I can help.)

I’d like to share three scary cybersecurity statistics with you.

1. 60 percent of small businesses fail within 6 months of a cyber attack.
2. 72 percent of small businesses rate their ability to mitigate cyber risks, vulnerabilities and attacks as other than highly effective.
3. 90 percent of data breaches are caused by human error.

These numbers mean that most of you reading this post work for a company that is not doing nearly enough to mitigate your cyber-risk. Coupled with the truth that data breaches are a when issue, and not an if issue, these numbers also mean that everyone’s data is way too exposed, and no matter what you are currently doing in this space, everyone can do more.

Meyers Roman is here to help.

It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally

According to a recent survey conducted by SHRM [pdf], American workers cannot hide from politics at work.

• 42% of U.S. employees say they have personally experienced political disagreements at work
• 44% say they have witnessed political disagreements at work
• 34% believe that their workplace is not inclusive of differing political perspectives
• 12% report they have personally experienced political affiliation bias or discrimination based on their political views
• 56% state that political discussions at work have become more common over the past four years

Gay man claims he’s the victim of intentional discrimination because of his sexual orientation … and that’s the least of his employer’s problems

Wesley Wernecke, an ex-employee of New York event planning company Eventique, claims in his recently filed lawsuit that the company intentionally alienated him, ostracized him, and shut him out of the business after its CEO learned Wernecke was gay.

NBC News shares the details of the allegations in Wernecke’s lawsuit.

WIRTW #577 (the “side hustle” edition)

If I had gotten paid for my appearance on Matt Christensen‘s Fraud Not Frog podcast, I could classify it as a side hustle. But I didn’t; I appeared gratis to discuss the legal concerns businesses and employees need to consider when an employee wants to engage in a side hustle.

You can listen here, or better yes, listen by subscribing to Matt’s podcast in your app of choice.

Here’s what I read this week.

EEOC settlement provides expensive lesson on including social media in your anti-harassment policies and training

EEOC v. Nabors Corp. Services involves serious allegations of racial harassment, including the following.

Being addressed at work by co-workers with racial slurs such as “nigger”; being exposed at work to offensive, racially derogatory social media images and material circulated by co-workers and managers; being exposed to racist graffiti, including racial slurs and derogatory drawings concerning Black persons at company facilities in and around Pleasanton, Texas; being referred to as members of the “colored crew” by employees and managers; and in some instances, being subjected to intimidation and physical threats by employees because of race, Black.

The company recently resolved this case, agreeing to pay 10 employees a total of $1,225,000 to settle the EEOC’s claims of racial harassment, race discrimination, and retaliation.

Celebrating “World Kindness Day” at work #WorldKindnessDay #ChooseKindness

Today is World Kindness Day. Introduced in 1998 by the World Kindness Movement, it highlights good deeds in the community by focusing on the positiveness of our common bond of kindness.

It is a day worth celebrating, and one that we sorely need and is sadly necessary.

#MeToo does not always equal #FireHim

Just because an employee complains about harassment does not mean that if the allegations are founded the employer must fire the harasser.

Consider, for example, Abbood v. Texas Health & Human Servs. Comm. (5th Cir. 11/7/19).

The 19th nominee for the “worst employer of 2019” is … the barbaric boss

The headline is scary enough.

South Carolina Man Sentenced to 10 Years in Prison for 

Forcing Man with Intellectual Disability to Work at Restaurant

But for this nominee, the devil lives in the details.

WIRTW #576 (the “Dolly” edition)

A couple of months ago, in the 568th version of “What I Read This Week,” I posted 5 of the best songs about work. I had no idea when I listed Dolly Parton’s “9 to 5” how divisive Dolly would be. In my wildest dreams I never imagined anyone could take issue with an American icon such as Dolly Parton. Who doesn’t love Dolly? Apparently, however, some of you exist.

Thankfully, I feel vindicated with my inclusion of Dolly. WNYC recently launched Dolly Parton’s America, a nine-part podcast series tracing Dolly’s roots from East Tennessee’s Great Smokey Mountains to country music superstar to cultural icon. It’s a fascinating listen, especially the second episode, all about her metamorphosis from “dumb blonde” sidekick to Porter Wagoner to the biggest star in country music.

I highly recommend you add Dolly Parton’s America to your podcast queue.

Here’s what I read this week.

“Smoking gun” email revives employee’s disability discrimination lawsuit

Maryville Anesthesiologists fired Paula Babb, an experienced Certified Registered Nurse Anesthetist, because it thought she suffered from a visual impairment.

How do we know why it fired her? Because the day after Babb’s termination, one of her co-workers confirmed it in an email (written at the direction of one of the employer’s owners).

Recent decision about a positive drug test has a lot to say about the future of medical marijuana and employer drug testing

Richard Turner worked as a crane operator for Phillips 66. The company’s substance abuse policy allowed for random and post-accident drug testing for “Cannabinoids, Cocaine, Opiates, Phencyclidine (PCP) and Amphetamines,” and mandated termination for any positive test.

On April 24, 2017, Turner was selected for a random drug test, and provided a urine sample. Three days later he was involved in a workplace accident and was again tested.

The following day, Phillips 66 learned that Turner’s April 24 sample tested positive for amphetamines. As a result, the company fired him.

When it comes to racial preference, the customer is never right

An Illinois Buffalo Wild Wings has fired all employees involved in an incident in which staff acceded to the request of a Caucasian “regular” to relocate a group of African-American diners to a different table. The reason—he “didn’t want to sit near black people.”

NBC Chicago has the details.

An employee’s disability is not a “get out of jail free” card for workplace misconduct

Does a medical leave of absence grant an employee a free pass for pre-leave misconduct discovered during the LOA? This question is squarely at the center of the court’s decision in Williams v. Graphic Packaging International (6th Cir. 10/31/19) [pdf].

WIRTW #575 (the “3.5” edition)

Being a parent is the world’s hardest job. But it’s also the most world’s most rewarding one. Which is why we keep doing it. The rewards are worth celebrating.

Last Friday night, I got to watch my daughter and her band absolutely blow the glass-pyramid roof off the Rock & Roll Hall of Fame at Cleveland Magazine’s Best of Cleveland Party.

“An example,” you ask? Here’s their latest original song, called “3.5” (which, in this proud dad’s very unbiased opinion, rips).


I love seeing the looks on people’s faces when the realize the sounds they are hearing are coming from a bunch of kids. At the Best of Cleveland event, I really loved seeing the band that followed them transform from, “We have to follow some kid band” (which was the look on their faces before soundcheck), to “How in the hell are we supposed to follow that?!” (which they actually said as they were walking onto the stage for their set.)

Here’s some photo memories of the evening, set to the soundtrack of a local radio show’s A+ review of Fake ID.


If you’re so inclined to check out all of Fake ID’s goings-on, they have a website, FakeIDofficialband.com.

Here’s what I read this week.

Must you tell employees when you are surveilling their devices?

It’s unusual these days for an employee not to have a device issued by their employer, or on which they can access their employer’s information — cell phones, tablets, laptops, and other computing devices.

Conventional wisdom (California notwithstanding), is that if the employer owns the device, the employee has zero privacy rights in that device, its use, or the information stored on it.

That conventional wisdom, however, might be changing.

“Tone down your gayness” = $20 million

A jury has awarded a St. Louis County police officer nearly $20 million over allegations that his superiors repeatedly denied him a promotion because they thought him too gay.

According to The Washington Post, the sergeant had more than 15 year of experience when he applied for a promotion. “The command staff has a problem with your sexuality,” he was told. “If you ever want to see a white shirt [i.e., get a promotion], you should tone down your gayness”, which was “way too out there.” The St. Louis Post-Dispatch adds that a captain had also referred to the plaintiff as “fruity.”

6 tips to avoid turning your costume party into an HR nightmare

Even this Halloween Scrooge

can get into the spirit

Halloween is this week. Truth be told, Halloween is one of my least favorite holidays. It always has been and always will be. I never liked it, even as a kid. Sure, all the candy was fun, but I just never got into the whole dress-up thing. As an adult, I like it even less. Not to be a Halloween scrooge, but I can’t even get into the holiday for my kids.

A lot of people, however, are into Halloween, and some are really into Halloween. It’s the holiday on which we spend more than any holiday other than Christmas.

And, a lot of your workplaces will be having Halloween celebrations. Some will request that you dress up for the occasion. If you happen to work in one of the workplaces, you have my sympathies. You also have my top 6 tips to avoid turning your innocent costume party into an HR horror show.

The 18th nominee for the “worst employer of 2019” is … the fecal loving fast-food manager

Kari Phillips did not feel well when she awoke prior to her shift at an Oregon City, Oregon, McDonald’s. She called the restaurant to request that someone cover her shift because of her stomach ailment, but a manager told her she had to come in, but would allow her to use the bathroom whenever needed.

According to Willamette Week, however, that’s not what happened once Phillips arrived at work.

WIRTW #574 (the “hero” edition)

What's a hero? I'm not sure how to define one, but I certainly know one when I see one. And earlier this week, I got to see one.

Dr. Harrison Schmitt is one of only 12 men to have walked on the moon. He was an astronaut on Apollo 17, the last NASA mission to land on the moon. He was also a United States Senator, chair of the NASA Advisory Council, and professor of engineering physics. And, at least according to his remarks, he still actively works with NASA.

He also has a very well developed sense of humor, as he was happy to share this clip of Norm McDonald asking David Letterman how it's possible that any of the Kardashians are more famous than someone who walked on the moon.

I was captivated listening to his remarks about his work on the Apollo lunar project.

Here's what I read this week.

OSHA publishes new guidance on distracted driving

The reaction time of someone texting while driving is 35 percent worse than someone driving without any distractions. Compare that figure to the 12 percent deficit a drunk driver faces, and you begin to understand why distracted driving is so dangerous. Indeed, in 2018 alone, 4,637 people died in car crashes related to cell phone use.

OSHA understands this danger as well. Thus, in conjunction with Drive Safely Work Week (which occurred earlier this month), OSHA announced an educational campaign calling on employers to prevent work-related distracted driving, with a special focus on prohibiting texting while driving.