Monday, September 20, 2021

Coronavirus Update 9-20-21: Fetal stem cells and vaccine-mandate religious exemptions


As the debate over religious exemptions to workplace Covid vaccine mandates, one hospital has taken a unique approach to verify the sincerity of its employees' anti-vax religious beliefs.

The issue stems from the misconception that Pfizer-BioNTech's and Moderna's mRNA vaccines contain aborted fetal cells, and certain people's religious objections to abortion.

In reality, the vaccines do not contain aborted fetal cells, although Pfizer and Moderna did use fetal cell lines — cells grown in a laboratory that are based on aborted fetal cells collected generations ago — in testing during research and development of the mRNA vaccines.

Friday, September 17, 2021

WIRTW #596: the “Waterloo" edition


It was a busy week in the Hyman house last week, with middle school soccer games and rock 'n' roll gigs all over town for my kids. I'm happy to report that Donovan led his team to a hard-fought 3-3 tie in his first-ever sports event of any kind (which he followed up with a 13-0 romp). Okay, led might be a tad strong. He played, and that’s all that matters. 

As for Norah, she played not one, not two, not three, but four gigs in six days, with the first three all happening within 24 hours of each other. I love watching Norah perform any time she's on stage, but her set at the Waterloo Arts Fest might be my favorite that she's ever played because it was 40 minutes of all original songs. To do that at 15 years old is pretty impressive, at least in this proud dad's opinion. Here's the best nine minutes from her set (the best because I actually think they are her three strongest songs), captured and posted by someone who wandered through.


Here are the best things I read online this past week that I think you should be reading, too.

Wednesday, September 15, 2021

Coronavirus Update 9-15-21: Do mandatory vaccination policies have an adverse impact on minority employees?


With President Biden's announcement of his plan to vaccinate all employees of employers with 100 or more employees, the nation is keenly focused on workplace mandatory vaccination policies. This has led some to question whether the President's plan unlawfully discriminates against minority employees.

There is little doubt that vaccination rates among Blacks and Hispanics lags behind that of Whites (which isn't that great to begin with). At the latest count, only 43% of Black Americans and 48% of Hispanic Americans are vaccinated, compared with 52% of White Americans. The reason for this greater vaccine hesitancy within minority communities is understandable and well documented, particularly when the government is promoting or flat-out requiring the vaccine. See the Tuskegee Experiment (one of our nation's greatest embarrassments … and that's saying a lot).

All of this begs the question — is a mandatory vaccination policy discriminatory against Blacks and Hispanics. Or, more technically speaking, does such a policy adversely impact them?

Tuesday, September 14, 2021

Employment law lessons from “Ted Lasso” – dating the boss


If you've not yet watched episode 8 (Man City) of the current second season of Apple TV+'s Ted Lasso and you don't want to be spoiled, now would be a good time to click the back button on your browser or close your email. Good? Okay. No grumbling; you've been warned.

Saturday, September 11, 2021

Coronavirus Update 9-11-21: Here is why the vaccination ETS that Biden has directed OSHA to issue is likely illegal


President Biden has directed OSHA to issue an Emergency Temporary Standard (ETS) mandating that all employers with 100 or more employees mandate the Covid vaccine for its employees or mandate weekly Covid testing.


Will this ETS pass the certain judicial challenges it will quickly face?

TL;DR: (As much as it pains me to have to write this) OSHA’s Covid vaccine mandate ETS is almost certainly illegal. Here’s why.

Friday, September 10, 2021

WIRTW #595: The “future of paid leave" edition


For all the negative effects that the Covid-19 pandemic has wrought, it has imparted some very positive changes to the American workplace. For example, remote work, long looked down upon by employers, is now the norm in many workplaces. Another area of constructive change surrounds the issue of paid leave for employees. 

Has Covid-19 altered our national attitude for paid sick and family leave? I believe that it has. The time has long since passed for America to embrace and adopt paid FMLA.

Presagia, the provider of cloud-based absence management solutions that enable organizations to strengthen compliance and the developer of Leave Genius Pro, recently asked me for my perspective on Covid-19 leave laws and their permanency. At their site, I share my full thoughts, including what my paid FML program would look like if Congress gave me carte blanche to design the law.

Here are 10 other things I read this week that I think you should read, too:

Thursday, September 9, 2021

BREAKING NEWS: Biden to announce vaccine mandate for all employers with 100 or more employees


CNN is reporting that President Biden will announce an executive order directing the Department of Labor to draft an emergency rule requiring that all businesses with 100 or more employees ensure all of their workers are either Covid vaccinated, or Covid tested once a week. This goes along with another expected executive order requiring all government employees and employees of government contractors to be vaccinated against Covid-19, with no option of opting out through regular testing.

The legality of the last two (federal employees and federal contractor employees) is not in question. President Biden is absolutely within his authority to mandate as to both.

But as to other employers? If someone wants to explain to me how the Department of Labor can mandate Covid vaccinations or testing for employers, I'm all ears. Because unless I totally misunderstand administrative law (and I don't think I do), that type of measure needs to be enacted via a law passed by Congress and signed by the President, and not by executive order.

This is a developing story, which I will update as necessary. Stay tuned.

Coronavirus Update 9-9-21: Don’t forget about overtime laws when paying employees pandemic-related bonuses


If you pass any restaurant these days you'll almost certainly see a sign like this one: 

"Now hiring: $________ sign-on bonus."

I've seen that blank filled in with numbers as high a $1,000 to work at a fast-food restaurant.

Employers are paying these bonuses because they continue to struggle to fill job vacancies in the tightest and toughest labor market I've ever witnessed.

If you find yourself in this position, do not forget about the wage and hour implications of these bonus payments, specifically their inclusion in the "regular rate" for purposes of calculating an employee's overtime premium.

Wednesday, September 8, 2021

Coronavirus Update 9-8-21: Ohio court reverses itself, orders that hospital does not have to administer ivermectin to its Covid patient


Last week I reported on a trial court case out of Butler County, Ohio, in which a common pleas judge granted the wife of a hospitalized Covid patient an order requiring the hospital to administer ivermectin (a livestock de-wormer approved for human use in small doses for the very limited purpose to treat certain parasites and skin conditions) to her husband at her (and her doctor's) request.

On Labor Day, a different judge of that same court reversed the prior ruling and denied a preliminary injunction to the wife. You can read Judge Oster's full order here.

The (loaded) question the court faced was as follows:

Should an injunction be granted to force a hospital to honor the prescription of a doctor that has not seen a patient and has no privileges at said hospital thus forcing the hospital to give ivermectin to a patient when the hospital's doctors, the FDA, CDC, and the AMA do not believe ivermectin should be a recommended way to treat COVID-19?

Tuesday, September 7, 2021

“Ted Lasso" and the difference between illegal harassment and legal (but still wrong) bullying


If you're watching Ted Lasso, you're familiar with the story of Nathan Shelley, kit man turned coach turned Wonder Kid. Season 2 tells a fascinating story about Nate that is still unfolding. His arc has transformed him from a bullied kit man to an abusive coach, and from a loveable underdog to an insufferable a-hole. Episode 7 ended with Nate cruelly unleashing a tirade of anger on his replacement as the team's kitman, Will.

There is little doubt that Nate's mistreatment of Will and others is both uncomfortable to watch and a portrait of horrendous management. But is it illegal?

The answer is no.

Friday, September 3, 2021

WIRTW #594: the “three fests and a wine bar” edition


If you're in Northeast Ohio, let me suggest four ways for you to spend your time over the next couple of weeks — all involving my daughter and live music.

Two of our best local arts festivals are happening next weekend, and Norah is playing both — the Waterloo Arts Fest on September 11 (where she'll be in the Sculpture Garden from 3:20 - 4 pm) and the Berea Arts Fest on September 12 (where she'll be on the Acoustic Stage from 3 - 4 pm).

In between, Norah is making her return engagement at my wife's and my home away from home, the Olde Wine Cellar in Olmsted Falls. She'll be playing out front from 6 - 9 pm. Stop by for a glass of wine (or two) or to enjoy the night's tasting, which is merlot themed. Reservations are strongly suggested for the tasting. Otherwise, just come on down.

Finally, on September 16, Norah will be back at Vermillion's 3rd Thursday, again set up on the steps of Granny Joe's Ice Creamatorium and playing music from 5:30 - 8 pm.

All shows are free to attend. For all of the information about Norah's music (she performs as norah marie), visit norahmariemusic.com.

Here's the 11 things I read this week that I think you should read, too:

Thursday, September 2, 2021

The 12th nominee for the “Worst Employer of 2021” is … the Pregnancy Prognosticator


If I know one thing, and only one thing, as a man (okay, two things) it's these: NEVER joke about a woman's weight and never ask a woman if she's pregnant. The former will never end well. The latter may end with a lovely conversation about her impending bouncing bundle of joy and the perils of newfound parenthood. But it's also just as likely, if not more so, to end in tears and embarrassment.

An employer in the UK just learned these lessons the hard way, and earned my 12th nomination as the Worst Employer of 2021.

Wednesday, September 1, 2021

Shredding documents during litigation is a bad, bad idea (a “Worst Employer" nominee update)


Activision Blizzard was my 11th nominee for the Worst Employer of 2021. Among the alleged sins that earned its nomination — a key software developer named the hotel suite he'd use to groom female subordinates "The Cosby Suite."

The hits for this employer just keep on coming. The State of California's Department of Fair Employment and Housing, which is actively investigating Activision Blizzard for having a pervasive culture of harassment and abuse toward its female employees, now accuses the company of shredding documents relevant to the investigation.

Tuesday, August 31, 2021

Coronavirus Update 8-31-21: Despite FDA and CDC warnings to the contrary, Ohio court orders hospital to administer Ivermectin to Covid patient


Ivermectin is a high potency medication used to prevent or treat parasites in livestock. It's FDA-approved for limited use in humans, such as in specific doses for some parasitic worms, and there are topical (on the skin) formulations for head lice and certain skin conditions. It is not an anti-viral medication. 

Yet, the drug has grown in popularity among conservatives, fueled by endorsements from people like Senator Ron Johnson and Fox News personalities Laura Ingraham and Sean Hannity. It is not approved to treat COVID-19 infections, and both the FDA and CDC have issued strong warnings against its use for that purpose. Nevertheless, reports of poisoning related to the use of Ivermectin have increased threefold this year, spiking in July, and feed stores in states with low vaccines rates selling out of the drug.

Courts are now wading into the issue, but not how you'd expect. 

Monday, August 30, 2021

Coronavirus Update 8-30-21: Vaccine mandates and unemployment compensation


DO NOT QUIT YOUR JOB

As the mandates are increasing and the “deadlines” fast approach, YOU SHOULD NOT QUIT YOUR JOB. Do not be fooled if your boss says you must resign. Make your boss fire you and do not sign anything or agree to anything that says otherwise. Do not agree with “voluntary resignation.” If you are fired, you are eligible for unemployment. Anything else and you are not.

americasfrontlinedoctors.org

This statement, variations of which are making the rounds on social media and elsewhere online, is very, very wrong (at least in Ohio).

An employee fired for declining a vaccine mandate (for a reason other than a bona fide medical or religious excuse) is not eligible for unemployment.

Friday, August 27, 2021

WIRTW #593 (the “18 and life” edition)


17 years and 363 days ago, I married the love of my life. In two days, we'll celebrate our 18th anniversary.

The number 18 is significant. In Hebrew, each letter has a numerical value. The number 10 is the letter Yod, and the number 8 is the letter Het. Het-Yod spells the word Chai (חי), which translates in English to "life." 

Chai is a perfect allegory for marriage. Life is not perfect, and neither is a marriage. Both have their ups and their downs. But, if you can find that someone with whom you not only enjoy the ups but can ride out the downs and come out the other side, you've done well. 

I've done very, very well. Happy 18 Colleen.

Here's what I read this week:

Thursday, August 26, 2021

Coronavirus Update 8-26-21: Incentivizing Covid vaccinations through insurance-premium penalties for the unvaccinated


Delta Air Lines has decided to try a different approach to get as many of its employees vaccinated as possible. It's imposing a $200 charge for any unvaccinated employees on its health plan. Think of it as a smokers' penalty, but for the Covid vaccine.

NPR has the details:
Delta Air Lines will charge employees on the company health plan $200 a month if they fail to get vaccinated against COVID-19, a policy the airline's top executive says is necessary because the average hospital stay for the virus costs the airline $40,000.

Wednesday, August 25, 2021

Coronavirus Update 8-25-21: Inside the Five responds to John Mandel, and they are not happy


An update on Monday's post, about a Toledo-area brewery that got canceled over a tweet by Senate candidate John Mandel congratulating a sick employee for reporting to work. The restaurant is none too happy with ol' Joshy.

One of its owners made their position on sick employees very clear to Toledo's WTVG:

It is our policy for employees to inform all management before coming to work. As soon as we found out, we sent our employee home.

The correct response. Sick employees don't work, period, especially during a global pandemic of an airborne virus.

Tuesday, August 24, 2021

Coronavirus Update 8-24-21: FDA grants full approval to Pfizer Covid vaccine … but will it make any difference


Yesterday, the FDA granted full and final approval of the Pfizer-BioNTech Covid-19 vaccine.

Calling the agency's approval "a pivotal moment" in the battle against Covid, FDA Acting Commissioner Dr. Janet Woodcock said:

While this and other vaccines have met the FDA's rigorous scientific standards for emergency use authorization, as the first FDA approved Covid-19 vaccine, the public can be confident that this vaccine meets the FDA's gold standard for safety, effectiveness and manufacturing quality that we require for an approved product.

Monday, August 23, 2021

Coronavirus Update 8-23-21: I’ll have a side of Covid with my burger, please


That is perennial political loser and 2022 Senatorial candidate Josh Mandel tweeting in support of a local restaurant.