I had the pleasure of guesting on this week's episode of my favorite employment law podcast, Hostile Work Environment, hosted by my good friends, Marc Alifanz and Kate Bischoff. In what is becoming an annual tradition, they had to me on to discuss this year's crop of Worst Employer nominees. I walk through all 8.
Tuesday, December 14, 2021
Who are this year’s crop of nominees for The Worst Employer of 2021? Check out today’s episode of Hostile Work Environment to find out.
I had the pleasure of guesting on this week's episode of my favorite employment law podcast, Hostile Work Environment, hosted by my good friends, Marc Alifanz and Kate Bischoff. In what is becoming an annual tradition, they had to me on to discuss this year's crop of Worst Employer nominees. I walk through all 8.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 12-14-2021: 800,000 Covid deaths and rising, and many have stopped caring
"Where I Live, No One Cares About COVID," reads the headline in The Atlantic.
Outside the world inhabited by the professional and managerial classes in a handful of major metropolitan areas, many, if not most, Americans are leading their lives as if COVID is over, and they have been for a long while. …
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, December 13, 2021
VOTE for The Worst Employer of 2021
Today is the day you’ve waited for all year. I’ve made my list. I’ve checked it twice. It’s voting day for The Worst Employer of 2021.
Here’s how voting will work. I’ve culled my list of 15 nominees down to the worst 8. To vote, you’ll rank the 8 finalists from 1 (the worst) to 8 (the least worst). Please rank all 8, because every point counts in the final results. The employer with the most points wins (or loses, depending on your perspective).
The polls are now open, and will remain open until 11:45 pm on Monday, December 20. I’ll then tally the vote, certify the results, and announce this year’s winner on December 22.
Follow this link for a refresher on this year’s 8 nominees. The ballot also contains hyperlinks back to the original nominating posts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, December 10, 2021
WIRTW #607: the “broken record” edition
Earlier this week a local hospital system held a webinar entitled, COVID-19: Omicron, Vaccines, and Anti-Virals. The news is sobering.
Covid is surging, yet again. Delta is wreaking havoc on populations in colder-weather states. Moreover, we don't yet know or understand exactly what Omicron means for the future of this pandemic. Unvaccinated populations remain at the highest risk for serious illness, hospitalizations, and death, but those who are fully vaccinated still must act with caution. The news is that we are in for a long winter. And it's not just the virus itself that we have to worry about, but the impact of the virus on our healthcare systems. ICUs and hospital beds at capacity mean diminished care and strained healthcare workers.
None of this is good news. Yet, it's the same news we've heard since March 2020. And the best practices to combat Covid remain the same. If you're not vaccinated, get vaccinated. If you're not boosted, get boosted. Regardless, wear a mask to protect yourself and others. Limit contact with unvaccinated people. Practice good hand-washing and other hygiene habits. And for God's sake, if you don't feel well or have any possible symptoms of Covid-19, stay the frick home until you've tested negative.
While we all might be done with Covid, it's not done with us. We all just need to act like it. Now I sound like a broken record.
I can't leave you for the week with all bad news, so before I turn today's post over the employment law links, I have two other links to share with you.
First, before there was The Norah and Dad Show (have you downloaded and listened yet?), there was the guest-hosting spot Norah and I recorded for the Rockin' the Suburbs podcast. Our episode, in which we discuss daddy/daughter concert experiences, went live today. You can listen to it here, or wherever you get your podcasts.
Secondly, I have a movie recommendation. Check out Mixtape on Netflix. It's an utterly charming, family-friendly movie set in 1999 about a quirky 12-year-old who sets out to learn about her deceased parents through the songs on an old mixtape of theirs she found in her grandmother's basement. It's the rare family movie that speaks to adults without dumbing down the substance, speaks to children without soaring over their heads, and has the emotional beats and laughs hit equally for both. Also, the music slams. Any scene in a 1999 Pacific Northwest indie record store that accurately showcases early White Stripes is a winner in my book. Bottom line — my house absolutely loved Mixtape, and you should add it to your Netflix List. Highly recommended.
Now, here are the best things I read online the past week that I think you should be reading, too.For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, December 9, 2021
Coronavirus Update 12-9-2021: The current state of vaccine mandate litigation
What is the current state of the Biden Administration's three separate federal Covid-19 vaccination mandates, and how should employers be responding. In this short video update, I discuss where things stand and what it means.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, December 8, 2021
The 15th nominee for the “Worst Employer of 2021” is … the (Not) Better Boss
A little over a week ago Better.com — a digital mortgage lender that Forbes.com recently called a $7.7 billion Unicorn — received a $750 million cash infusion from investors. Two days ago its CEO, Vishal Garg, gathered 909 of the company's employees (nine percent of its total workforce) via Zoom and let them know that their services were no longer needed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, December 7, 2021
The Norah and Dad Show podcast is live and ready for your downloads
Today is a very exciting day for me. Today is the official launch of The Norah and Dad Show podcast.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, December 6, 2021
Coronavirus Update 12-6-2021: Masks — the results
On Friday, I asked three simple questions — Do you still wear a maks? If yes, when? If not, why?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, December 3, 2021
WIRTW #606: the “masks” edition
Today is Day 632 of the COVID-19 pandemic, and somehow we are still debating the efficacy of masks. While we ride out the current wave of Delta infections and sort out just how dangerous Omicron actually is, the best advice we still have is to mask up for safety.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, December 2, 2021
Coronavirus Update 12-2-2021: Repeat after me — anti-vax legislation WILL NOT fix workforce shortages
Meet Rep. Al Cutrona, a first-term member of Ohio's House of Representatives, and a Republican who describes himself as "Pro-Constitution." He's also the primary sponsor of HB 218, a bill that would prohibit any employer or school from mandating any non-approved vaccine that uses mRNA technology, and would further require employers and schools to grant exceptions to vaccine mandates for reasons of medical contraindication, natural immunity, religious convictions, or personal conscience.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, December 1, 2021
Coronavirus Update 12-1-2021: Other federal vaccine mandates fall (for now)
In the past several days, two federal vaccine mandates have been preliminarily enjoined, joining the OSHA Emergency Temporary Standard on the sidelines.
First, the Eastern District of Missouri entered a preliminary injunction against the Centers for Medicare and Medicaid Services' federal vaccine mandate for healthcare facilities. That injunction applies to covered employees in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. The Western District of Louisiana issued a similar ruling late yesterday, but expanded the scope of the preliminary injunction nationally.
Then, also late yesterday, the Eastern District of Kentucky issued its own preliminary injunction against President Biden's mandatory vaccination rules for the employees of federal contractors and subcontractors. That injunction applies to covered employees in Ohio, Kentucky, and Tennessee.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 30, 2021
Work-life balance vs. Antiwork
Compare the following.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 29, 2021
Coronavirus Update 11-29-2021: What we do know and don’t know about Omicron
While we digested our Thanksgiving turkey, news broke about a new COVID-19 variant making its way around the world — B.1.1.529, now officially named the Omicron variant.
Here's what we know about Omicron, what we think we know, what we don't yet know, and, perhaps most importantly, what employers should be doing in response.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 23, 2021
Happy Thanksgiving. What are you #thankful for?
Thanksgiving is my favorite holiday, hands down. And it's not just the turkey, stuffing, and pies (especially the pies). It's the people with whom I spend the holiday. And this year, I'm especially thankful that I am again able to share my favorite day with some of my favorite people.
Thus, today, as I start my Thanksgiving break, I am sharing what I am thankful for this year.
- My family (always tops on any list).
- My health, and that of those I hold close to my heart.
- Science, which is allowing my family to gather together this holiday season.
- My new(ish) law firm, which has rejuvenated and reenergized me and my practice.
- My community of half-witted employment law friends for helping to keep me sane over the past several years.
- My readers and followers, many of whom have become friends and clients over the years.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 22, 2021
It’s a bad idea — and age discrimination — to badger an older employee about retirement
A new manager takes away a pet project from a long-term 60-year-old employee, repeatedly asks him when he's "going to retire," calls him "Uncle," and criticizes his "old skills." Those are the basic facts that caused the 6th Circuit to reverse a grant of summary judgment to the employer in Sloat v. Hewlett-Packard Enterprise Co.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 19, 2021
WIRTW #605: the “Norah and Dad show” edition
I'm starting a podcast. Correction. We are starting a podcast. The other half of the "we" in question is my 15-year-old daughter, Norah. It was 100 percent her idea, and who am I to say no to quality Norah/Dad time behind two microphones, recording it for all to hear. Stay tuned. We are getting ready to start recording and we will have episodes to share in the coming weeks.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 18, 2021
John Oliver’s exposé on "union busting” missed one key fact — the unions are actually WINNING
This past Sunday night, John Oliver closed his 2021 season with a long-form exposé on labor unions. More specifically, he focused on the efforts employers take to combat union organizing drives: anti-union messaging and videos, captive-audience speeches, threats of job loss and plant closures, and more pointed retaliation against union organizers and other pro-union employees.
His story, however, left out one key fact — the labor unions are actually winning. And they are winning a lot.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 17, 2021
Coronavirus Update 11-17-2021: OSHA’s vax-or-test emergency standard is on life support
Yesterday brought two huge developments in the battle over OSHA's vaccine-or-test emergency temporary standard.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 16, 2021
The 14th nominee for the “Worst Employer of 2021” is … the Singing Supervisor
You can tell by the smell that your girl's not doing well when the end of the month rolls along. You can tell by the stink that your girl's not in the pink when the end of the month rolls along.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 15, 2021
Coronavirus Update 11-15-2021: Employers, DO NOT allow a law firm to charge you for their OSHA ETS compliant vaccine policy
The following headline in my feed reader recently caught my attention: NOW AVAILABLE: Model Employment Policy for Compliance with OSHA’s Emergency Temporary Standard. Always curious about the competition, I clicked, thinking I'd find a breakdown and analysis of the free-to-download policies OSHA has made available on its website (one sample for Vaccination or Testing and Face Covering and one for Mandatory Vaccination only).
Our US Labor and Employment team has developed a model policy that complies with OSHA's recently announced Emergency Temporary Standards (ETS) requirements regarding vaccination and employee testing, which also includes sample forms for employees to request reasonable accommodations. This policy can be very helpful to employers as they navigate these challenges.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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