There is no doubt that life is stressful right now. Between the exponentially and dangerously rising COVID-19 numbers (and the unwillingness of enough of us to take the basic health and safety measure to tame them and protect us all) and the election (which literally feels like the future of our nation is on the ballot) I'm bundle of nerves.
Monday, November 2, 2020
Music will get my through the next few days (I hope) — my survival playlist
There is no doubt that life is stressful right now. Between the exponentially and dangerously rising COVID-19 numbers (and the unwillingness of enough of us to take the basic health and safety measure to tame them and protect us all) and the election (which literally feels like the future of our nation is on the ballot) I'm bundle of nerves.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 30, 2020
Coronavirus Update 10-30-2020: I’m tired
As we round the corner to month eight of "living with COVID-19," I thought now is a good time to ask everyone, "How are you doing?"
Me? I'm tired.
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Thursday, October 29, 2020
Coronavirus Update 10-29-2020: The Dodgers might be World Series winners, but they’re COVID-19 losers
Tuesday night, the Los Angeles Dodgers won the World Series. In the 8th inning of their clinching game 6, the Dodgers pulled third baseman Justin Turner from the game. No one knew why at the time. It was only after the game that it was announced that the team pulled Turner because he had tested positive for COVID-19.
Why then was Turned allowed to join his team on the field (maskless no less) to celebrate their victory?!
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Wednesday, October 28, 2020
Coronavirus Update 10-28-2020: The 10th nominee for the “worst employer of 2020” is … the whistleblower whacker
SHRM, the Society for Human Resource Management, describes itself as "the foremost expert, convener, and thought leader on issues impacting today's evolving workplaces." Physician, heal thyself!
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Tuesday, October 27, 2020
Time to make sure your business has an Election Day plan. #vote
Election Day is in seven days. By all predictions, this election will see a record number of voters. As long as Election Day remains a working day, employees will show up to work late, leave work early, or take long lunches, just so that they can vote.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 26, 2020
Results—Would you boycott a business based on the candidate it supports? #vote
The results are. Thank you to the 244 of you took the time to answer my question: Would you boycott a business based on the candidate whom it (or, more accurately, its ownership) supports for President in this election?
The results:
Yes = 58.6%No = 41.4%
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 23, 2020
Coronavirus Update 10-23-2020: Please stop telling me that we all just need to get on with living our lives
Earlier this week, I posed what I thought was a simple question on the private Facebook page of my community's homeowners' association: given the current rise of COVID-19 cases, should we, as a community, rethink our trick-or-treating plans. It was intended to start a generative discussion about whether we can host public trick-or-treating safely, but it quickly devolved into insults and name-calling.
The general theme of my pro-Halloween opponents was some combination of—if you don’t feel safe stay home in your basement; and we need to live our lives. People felt comfortable expressing this opinion even after others had commented about family members COVID-19 had killed.
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Thursday, October 22, 2020
Coronavirus Update 10-22-2020: New CDC guidance will result in A LOT more employee absences
Yesterday, the CDC made a key update to its COVID-19 guidance. It made a significant change to the definition of "close contact."
Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period (individual exposures added together over a 24-hour period) starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated."
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Wednesday, October 21, 2020
Would you boycott a business based on the candidate it supports?
Over the weekend I got into an interesting discussion on Twitter with a couple of my favorite musicians, Brendon Benson and Caitlin Rose. Here's the question:
would you boycott an artist or actor based on the candidate for whom their voting, in this POTUS election?
— Brendan Benson (@brendanbensongs) October 18, 2020
I'd like to expand this topic further and ask, Would you boycott a business based on the candidate whom it (or more accurately, its owner) supports for president in this election?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 20, 2020
PLEASE don’t tell your employees which candidate to vote for
This post at the Evil HR Lady Facebook group caught my attention yesterday:
Florida company's president warns employees their jobs could be in danger if Trump loses election
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Monday, October 19, 2020
Coronavirus Update 10-19-2020: The 10th nominee for the “worst employer of 2020” is … the callous car dealer
I continue to shake my head at the callousness of employers during this pandemic. Consider this example from The Oregonian, which earns its spot as the 10th nominee for the Worst Employer of 2020.
A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims.
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Friday, October 16, 2020
Coronavirus Update 10-16-2020: The benefit of being prepared
When you get the call, you better be prepared. This maxim holds true in business, in the law, and in life in general.
Our favorite local wine bar has been hosting outdoor, socially distant concerts since shortly after the State of Ohio allowed it to reopen. Last Friday, their booked artist canceled last minute, which led to a 4:00 pm phone call for Norah to fill in.
I had to quickly work through the stress of a 14-year-old who did not know if she could pull off a three-hour solo gig on 90 minutes' notice. I reminded her that she's spent the last six months writing originals and playing covers in her bedroom, in the backyard, and on Zoom for the Rockin' the Suburbs "Friday Night Hootenanny." Thus, she made her setlist, we packed her gear into the car, and off we went.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 15, 2020
What we’ve got here is a failure to communicate
An employee suffers an injury that prevents her from operating a motor vehicle. With no means of transportation to travel to and from her workplace, the employee calls off work, believing that her absences were excused. They weren't, and the employer fires her for excessive absences.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 14, 2020
Coronavirus Update 10-14-2020: Reporting an employee who tests positive
When an employee tests positive, an employer has certain reporting obligations. These obligations fall into two categories—reporting to OSHA and reporting to your state or local health agency under state law.
OSHA
While OSHA has remained largely silent on mandates for businesses related to COVID-19, it has published specific guidance on when an employer must record and report COVID cases at work.
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Tuesday, October 13, 2020
Coronavirus Update 10-13-2020: You are doing something very, very wrong if your employees are terrified to come to work
According to Deadspin, NFL players are terrified of COVID, but are afraid to speak up for fear of angering the NFL.
"I looked at my son. I looked at my family, and I just didn't think it was worth it," Jaguars player Lerentee McCray, a seven-year veteran, told me this summer after opting out. "I could catch it and bring it home to them. Or I can get it and even if it doesn't kill me, it could destroy my career long-term. I feel really weird not playing football right now, but can't. I can't risk doing something so dangerous and maybe hurting the people I love."
In the end, most players decided the money was worth the risk. So, they play.
Yet there's been a definite shift in that attitude over the past few months and even weeks, several told me in various interviews, as the virus spreads through locker rooms. Most requested anonymity for fear of angering NFL owners and the league office.
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Monday, October 12, 2020
Coronavirus Update 10-12-2020: Schadenfreude
If you and I are connected on LinkedIn or Twitter (and if we're not, please correct that mistake immediately), you may have noticed that my headline describes me as a (the?) "Master of Workplace Schadenfreude."
I'm often asked, "Jon, what the heck does that mean?" Today, I have the answer.
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Friday, October 9, 2020
People I don’t understand
Earlier this week I saw the following (brilliant) ad put out by a group calling itself Dog Lovers For Joe.
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Thursday, October 8, 2020
Coronavirus Update 10-8-2020: Crying “discrimination” because you refuse to wear a mask isn’t just silly, it’s offensive
Please watch this short video and then let's talk.
Entitled anti-masker says "I am discriminated against every single day in my county now... sometimes multiple times a day." GOOD pic.twitter.com/WmCWlAaDqD
— Fifty Shades of Whey (@davenewworld_2) October 6, 2020
This woman claims discrimination because she refuses to wear a mask in public.
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Wednesday, October 7, 2020
Coronavirus Update 10-7-2020: Could White House employees file an OSHA complaint?
Monday night saw President Donald Trump dramatically return to the White House after his three-day stay at Walter Reed Medical Center for COVID-19. We saw Marine One land on the White House lawn, President Trump emerge and walk up the stairs to the White House, remove his mask for a photo op, enter his home with his mask still in his pocket, reemerge for a reshoot, and again enter the White House maskless.
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Tuesday, October 6, 2020
Coronavirus Update 10-6-2020: Fired for COVID-19, or fired for irresponsibility
Prada v. Trifecta Productions, filed a few weeks ago in federal court in Ann Arbor, Michigan, asks whether an employer can legally fire an employee with COVID-19 based on the perception that the employee's out-of-work activities placed the business at risk.
The facts are fairly simple. Nicolas Prada, worked as a waiter and assistant manager at Tomukun Noodle Bar. On June 24, 2020, he began experiencing COVID-19 symptoms and stayed home from work. He tested positive three days later. After 14 days of isolation, Prada texted his employer about being medically cleared to return to work.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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