Yesterday I discussed the legalities of placing on an unpaid leave of absence employees who engaging in leisure mass gatherings outside of work.
Thursday, June 4, 2020
Coronavirus Update 6–4–2020: Can you force employees who participate in George Floyd protests to quarantine without pay?
Yesterday I discussed the legalities of placing on an unpaid leave of absence employees who engaging in leisure mass gatherings outside of work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 3, 2020
Coronavirus Update 6–3–2020: Do “Lake of the Ozarks” employees sent home from work qualify for paid sick leave under the FFCRA?
Last week I discussed how to handle employees who are not social distancing outside of work. My thoughts were spurred by videos of employees partying over the Memorial Day weekend at Lake of the Ozarks and elsewhere around the country.
I said the following:
I would also place any employee who violated social distancing rules outside of work (whether the information is volunteered on a self-assessment or discovered through a viral video) on a mandatory two-week unpaid leave of absence and require a quarantine as a condition of continued employment.
May I take paid sick leave or expanded family and medical leave under the FFCRA if I am on an employer-approved leave of absence?
It depends on whether your leave of absence is voluntary or mandatory. If your leave of absence is voluntary, you may end your leave of absence and begin taking paid sick leave or expanded family and medical leave under the FFCRA if a qualifying reason prevents you from being able to work (or telework). However, you may not take paid sick leave or expanded family and medical leave under the FFCRA if your leave of absence is mandatory. This is because it is the mandatory leave of absence—and not a qualifying reason for leave—that prevents you from being able to work (or telework).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 2, 2020
Coronavirus Update 6–2–2020: Justice Department indicts employee for COVID-19 workplace fraud
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 1, 2020
I am at a loss for words…
I cannot ignore the appalling tragedies we experienced over the past week, first through the murder of George Floyd, and then through the riots and destruction left in its wake.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 29, 2020
Coronavirus Update 5-29-2020: Friday olio — an A+ set of reopening guidelines, a webinar, and a playlist
A few shares for your Friday.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 28, 2020
Coronavirus Update 5-28-2020: Is your business ready for the COVID-19 golden age of union organizing?
Among the many lessons we will learn from the COVID-19 pandemic is its demonstration of the importance of union membership for essential workers.
Of all the injustices exposed by the pandemic, the risks faced by non-union workers have become the most apparent. Non-union workers are being asked to risk their safety with little or no protections of their own.
Gary Perinar (executive secretary-treasurer of the Chicago Regional Council of Carpenters), The importance of unions is more obvious than ever during the COVID-19 pandemic, Chicago Sun-Times, Apr. 30, 2020
One of the unexpected byproducts of the COVID-19 pandemic is a corresponding rise in union organizing. This crisis has magnified attention on key labor union agenda items and talking points such as worker safety and higher pay. Unions have not been shy about pressing these issues not only for current members but also more importantly for potential members.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 27, 2020
Coronavirus Update 5-27-2020: Is McDonald’s really a public nuisance?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 26, 2020
Coronavirus Update 5-26-2020: When an employee isn’t social distancing outside of work
How did you spend your Memorial Day weekend? Mine was way more mundane than years past. I watched my nephew receive his high school diploma and pre-record his valedictory address in an individual, family-only ceremony. We walked the dogs a bunch. We went to Lowes, masks on faces (the first store in which I've been inside other than a grocery store in over two months). I BBQed for my wife and kids.
This video is on Snapchat in the Lake of the Ozarks? Unreal. What are we doing? pic.twitter.com/m0qsEQ4KLp
— Max Baker (@maxbaker_15) May 24, 2020
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 22, 2020
Coronavirus Update 5-22-2020: We really don’t want our employees being “Tisons"
Social media is congratulating Tison, a Costco employee who turned away an angry customer who refused to wear a mask, a condition required by Costco to shop in its stores.
Kevin and Karen get shopping cart taken away at #Costco || ✌🏼 #wearethepeople #COVID19 #coronavirusuk #COVIDIDIOTS pic.twitter.com/LDeB1hDz9L
— ONLY iN LVNV ➐ (@OnlyInLVNV) May 18, 2020
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 21, 2020
Coronavirus Update 5-21-2020: Ohio judge grants Pyrrhic victory to gyms closed by Stay at Home Order
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 20, 2020
Coronavirus Update 5-20-2020: Governor DeWine’s “Ohioans Protecting Ohioans” advisory is a colossal miscalculation
This past weekend offered a perfect coronavirus storm in Ohio. The weather on Saturday was postcard-perfect, and restaurant and bar patios were open for business. This combination caused scenes like this one on the banks of the Cuyahoga River:
Some serious social distancing goin on in the flats #secondwavecomin pic.twitter.com/JNsx7mVBQo
— Pete Marek (@PeteMarek) May 16, 2020
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 19, 2020
Coronavirus Update 5-19-2020: Lawsuit highlights risk of businesses not reopening safely and correctly
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 18, 2020
Coronavirus Update 5-18-2020: House proposes significant expansions to FFCRA paid leave
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 15, 2020
Coronavirus Update 5-15-2020: One that got away … and one that didn’t
There's no such thing as bad publicity. Or at least that's how the saying goes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 14, 2020
Coronavirus Update 5-14-2020: Workers’ Comp waivers aren’t just a bad idea, they are also almost certainly illegal
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 13, 2020
Coronavirus Update 5-13-2020: Workplace virus screening tools aren’t perfect, but they are at least part of a solution
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 12, 2020
Coronavirus Update 5-12-2020: You have every right to be a 𝘤𝘰𝘷𝘪𝘥𝘪𝘰𝘵, and we have every right to fire you for it
"No more masks. Any business that tells me to put on a mask (Whole Foods on Lomo Alto) in Dallas will get told to kiss my Corona ass and will lose my business forever. It's time to stop this BULLSHIT. Do I have to show the lame security guard outside of a ghetto store my CV19 test results? I will show him my Glock 21 shooting range results. With Hornady hollow points. Pricey ammo, but worth it in this situation. They have reached the limit. I have more power than they do.....they just don't know it yet."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 11, 2020
Coronavirus Update 5-11-2020: The 6th(!) set of FAQs from the DOL on the FFCRA
An employee has been working from home productively and without issue since the state Shelter in Place order took effect. Now, however, he is requesting paid sick leave and expanded FMLA under the FFCRA to care for his children because their school is closed because of COVID-19. You want to: (a) ask the employee why he is unable to continue working from home or if he has pursued alternative child care arrangements; and (b) deny the leave request without a reasonable explanation.
If you carry through with your plan, will you violate the FFCRA?
According to the most recent FAQs published by the Department of Labor, the answer is yes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 8, 2020
Coronavirus Update 5-8-2020: Can you legally refuse to return to work to someone at “high risk” for COVID-19 complications?
As you start recalling employees to your physical workplace from remote work-from-home arrangements or furlough, you are concerned about an employee who has an underlying medical issue that the CDC says places him at a higher risk for complications from coronavirus.
Can you refuse to return this employee to work?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 7, 2020
Coronavirus Update 5-7-2020: Things I miss 😢
These are the top 10 things I miss (in no particular order):
1/ Seeing family and friends in person. (happy birthday Mom!)
2/ Hugs and handshakes.
3/ Dining out.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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