WIRTW #603: the “Did anything happen yesterday?” edition

Unless you've been living in a cave for the past 24 hours, you are well aware that OSHA released its vaccine-mandate emergency temporary standard. There are lots of resources that have since been published, including this website from OSHA itself. One of the best is this half-hour video in which the agency explains the nuts and bolts of the ETS.

Alternatively, you can just randomly pound on your keyboard and you'll end up on the website of an employment lawyer offering you his or her summary (me included).

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

BREAKING NEWS: OSHA publishes its vaccine-mandate emergency temporary standard

Write down November 4, 2021, as the Employment Lawyer Superbowl. At 8:45 am this morning, OSHA published its Covid-19 Vaccination and Testing Emergency Temporary Standard in the Federal Register. You can download and read all 490(!) pages of it here.

Most importantly, this rule takes effect immediately upon its publication in the Federal Register — i.e., today — but employers have 30 days, or until December 5, 2021, to comply with all requirements except testing for employees who are not fully vaccinated (which has a January 4, 2022, compliance date). 

This means that by no later than January 4, 2022, employers will need to ensure that their employees have received their final vaccination dose, with weekly testing required for unvaccinated employees thereafter.

I lost on Jeopardy! A cybersecurity lesson on phishing scams

It started innocently enough, with a tweet: "Please share your best strategies for finding a PS5 before Christmas that do not involve me sleeping outside of a store or paying through the nose on eBay. Thanks."

Almost too coincidentally, a few minutes later I saw this tweet from Sarah Whitcomb Foss, a member of the Jeopardy! Clue Crew and one of the show's assistant directors: "Hello Twitter family! I am proud to announce that I have partnered with #Sony to supply you guys with some brand new #PS5 consoles for retail pricing! Just RT and like this and send me a DM if you need help!"

With my curiosity piqued (and her Twitter account blue-checkmark verified and looking legitimate), I followed her instructions by retweeting and liking her tweet, and sending her this DM: "Looking to purchase a PS5. Is this legit?"

The customer isn’t always right, especially when the customer wants you to discriminate

"I'm afraid we can't hire you because you won't mix well with our customers."

That's what the EEOC alleges a northern Minnesota furniture retailer told a transgender job applicant. It's also the reason that company has agreed to pay a $60,000 settlement. "Title VII does not permit discriminatory employment decisions based on customer preference," says the EEOC.

Politics and work don’t mix: Southwest Airlines investigating pilot for “Let’s go Brandon” in-flight announcement

Southwest Airlines is investigating one of its pilots for saying "Let's go Bradon" during an in-flight announcement.  

What is "Let's go Brandon," you ask? It's a euphemism many conservatives are using in place of saying "F**k Joe Biden." The origin of the phrase stems from an Oct. 2 NASCAR race won by Brandon Brown. During his post-race interview with NBC reporter Kelli Stavast, the crowd started chanting "F**k Joe Biden." Stavast, however, said, "You can hear the chants from the crowd, 'Let's go, Brandon!'" 

While it's unclear whether Stavast misheard the crowd or was merely covering up its audible on-air obscenity, the phrase "Let's go, Brandon" stuck and quickly spread among conservative groups and continues to be used in place of a direct expletive toward President Biden, even among members of Congress.

The 13th nominee for the “Worst Employer of 2021” is … the Abortion Forcer

I literally have no words for this, the 13th nominee for the Worst Employer of 2021. Here's the headline, from NBC News:

D.C. assistant police chief says she was told to

'have an abortion or be fired'

WIRTW #602: the “Where’s the beef?” edition

How'd your Wednesday go? Me? I got into a beef on Twitter with a fictional character, which ended with him telling me to go wax my head. Fun fact — I saw that last tweet come through while I was sitting in a board meeting and snort-laughed out loud.

I applaud the Ted Lasso team for running such fun accounts. I can't wait to see how Nate's character plays out in Season 3, as the stress of his new job is clearly getting to him.

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

Coronavirus Update 10-28-2021: EEOC publishes its own internal Religious Accommodation Request form

"Jon, we have so many employees asking us for religious accommodations from our workplace Covid rules, including our vaccine mandate. Do you have a form we can use to document the request?" 

I certainly do. But it's not mine. It's the EEOC's. The Agency just published the internal form it uses for its own employees' religious accommodation requests.

Paid family and medical leave reportedly DROPPED from Biden’s economic plan

I was so hopeful when I learned that Presiden Biden's economic plan included paid family and medical leave. Then we heard reports that two Democratic Senators, West Virginia's Joe Manchin and Arizona's Kyrsten Sinema, were holding up the bill over its reported $3.5 trillion price tag. That led to reports that the paid family leave allotment would be cut to only 4 weeks, still a transformational change for American employees and employers, but significantly less than that which any other industrialized nation provides its employees.

Now, it's being reported that Democrats have eliminated paid family leave from the bill entirely to appease Manchin and get a bill passed. From NBC News:

Coronavirus Update 10-27-2021: No, employers, you can’t fire employees who complain about Covid health and safety issues

An employee sends this email to all of his coworkers: "It has come to my attention that an employee has tested positive for COVID-19. I feel it is important to inform all employees of the current situation."

An hour later management fires that employee. Their reason? His job was to fix cars, not police positive Covid tests in the workplace. 

That's exactly what the Department of Labor alleges happened at an Austin, Texas, car dealership in December 2020. Earlier this month, the agency filed suit under section 11(c) of the Occupational Safety & Health Act, which protects employees from retaliation for exercising their rights under the Act.

Coronavirus Update 10-26-2021: EEOC updated Covid-19 technical guidance to address religious vaccine objections

Religious accommodations to vaccine mandates continue to be the number one issue occupying the time and energy of HR practitioners and employment lawyers. Yesterday, the EEOC updated its Covid-19 technical assistance specifically to address vaccine-related religious objections and accommodation requests.

Coronavirus Update 10-25-2021: Lawsuits challenging employer vaccine mandates are borderline frivolous

More than 130 employees of the City of Chicago have filed a lawsuit against their employer challenging its Covid-19 vaccine mandate. CNN has the details:

"The mandate, and the Executive Orders, violate the constitutional and fundamental rights of those who either choose not to be vaccinated, or choose not to disclose their vaccination status to either the state, or their employers," the lawsuit says.

The lawsuit will fail. Period.

WIRTW #601: the “What’s in your queue?” edition

Ted Lasso has no new episodes until next August. I binged Squid Game a couple of weeks ago. I need something new to fill my nights on the couch. So this is me, crowdsourcing you, my readers, for some recommendations. 

What should I watch next, and, most importantly, why? 

Make your best case in the comments below, tag me on Twitter with the hashtag #JonWatchThis, or drop a comment on LinkedIn here.

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

Coronavirus Update 10-21-2021: Nick Rolovich v. Pope Francis

Compare the following two statements, and then let's talk.

1. "It is a tragic and damning commentary on our culture … that Coach Rolovich has been derided, demonized, and ultimately fired from his job, merely for being devout in his Catholic faith."

2. "Being vaccinated with vaccines authorized by the competent authorities is an act of love. And contributing to ensure the majority of people are vaccinated is an act of love."

Statement number one: the lawyer for Nick Rolovich, the former head football coach at Washington State University, who the University just terminated for refusing to get vaccinated pursuant to its mandate.

Statement number two: Pope Francis.

Coronavirus Update 10-20-2021: How to spot a fake vaccine card

The NHL has suspended San Jose Sharks forward Evander Kane 21 games for violating the League's Covid-19 protocol. His offense: supplying a fake vaccination card. 

Fake vaccine cards are out in the world, easy to find, and easy to use. Their use is also a federal crime punishable by up to 5 years in prison and grounds for termination of employment. Yet, as workplace vaccine mandates become more prevalent (and soon federally mandated), more anti-vax and vaccine-hesitant employees will take the risk instead of losing their jobs.

Do you know how to spot a fake vaccine card? Here are some telltale signs.

“Striketober” highlights union organizing concerns for Ohio craft breweries

One of the unexpected byproducts of the ongoing Covid-19 pandemic is a corresponding rise in union organizing and other union-related activity. This crisis has magnified attention on key union agenda items and talking points such as worker safety and higher pay. Unions have not been shy about pressing these issues. "Striketober" is in full effect, with more than 100,000 workers walking off the job in the past week alone. According to The Wall Street Journal, employees are angry and are increasingly turning to labor unions to vent.

Unions, however, are not just focusing on current members. More importantly for all employers, potential members also have unions' full attention. Indeed, earlier this summer, and hitting way too close to home, production employees at Great Lakes Brewing Company, Ohio's oldest and largest craft brewery, signed union cards to be represented by the United Steelworkers.

Netflix’s termination of the organizer of a trans employee walkout very well might be legal

Late Friday, The Verge reported that Netflix fired one of the leaders of an internal trans employee resource group who was organizing an employee walkout later this week. The employee had been encouraging trans employees and allies to walk off the job in protest of Netflix's handling of the Dave Chappelle special The Closer (in which the comedian and the streamer have been criticized for the special's transphobic content).

According to the report, Netflix fired the employee based on its suspicion that s/he leaked confidential metrics on the Chappelle Special to Bloomberg, including how much Netflix paid for it and how many have streamed it.

UPDATE: HIPAA (mis)information and the Covid vaccine

Earlier this week I wrote about a national payroll provider that shared some very incorrect information about an employer’s HIPAA responsibilities on its website.

That company, ADP, saw my post and reached out to me to let me know that they updated their article.

“I saw your blog that highlighted an oversight from one of our writers on our Spark Blog. It was good to see in that we were able to correct it immediately.”

(Sadly, the Oxford comma omission persists, but I’ll take my victories where I can get them.)

You can find their updated article here. 

Well played, ADP. 👏 

WIRTW #600: the “Here, there, and every … where” edition

This week I rejoined my good friends Marc Alifanz and Kate Bischoff on the Hostile Work Environment podcast to discuss the Season 2 finale of Ted Lasso. 

Spoiler alert: you should absolutely avoid listening until you complete Season 2. We discussed the employment law and human resources beats we saw in the episode, including Nate's descent into darkness, the fallout of Sam's big choice, and the actions of Trent Crimm, Independent. You'll also hear talk of mannequins, sky diving, and arugula. 

Find it wherever you get your podcasts, including Apple Podcasts, Overcast, Spotify, Google Podcasts, and Stitcher.

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

Coronavirus Update 10-14-2021: We still don’t know what OSHA’s vaccine standard says … but we’re getting closer

Late Tuesday, news broke that OSHA had submitted in vaccine mandate Emergency Temporary Standard to the White House’s Office of Information and Regulatory Affairs for its review. What does this mean? It means that OSHA has taken the first important step towards publishing the ETS and implementing its vaccine mandate for employers with 100 or more employees.

But that's it.