Ohio enacts sweeping changes to state wage and hour laws

Beginning July 6, 2022, Ohio employers have a new set of rules under which to pay their employees. 

SB 47 revamps Ohio's wage and hour statute to correct some major differences that have historically existed between it and the federal Fair Labor Standards Act.

Protected concerted activity is an opportunity to engage with your employees, not to retaliate against them

"Due to the 6.8% inflation rate, all US workers are entitled to at least a 6.8% pay adjustment. We have received reports of some ABUSIVE EMPLOYERS not providing these adjustments. If you have not received such a raise, please ask your employer why your PAY WAS CUT."

"WHAT TO DO ON A BREAK TODAY: (1) Talk about your PAY. (2) Talk about your RIGHTS. (3) Begin ORGANIZING A UNION. GOOD employers are not afraid of these, but ABUSIVE ones are."

"You have a protected LEGAL RIGHT to discuss your pay with your coworkers. This should be done on a regular basis to ensure that everyone is being paid fairly. It is ILLEGAL for your employer to punish your for doing this."  

These comments, shared in the antiwork subreddit, appeared on sales receipts at an unknown and unnamed brewery.

“Salting” the wounds of labor organizing

One of the tactics workers used to successfully organize Amazon's Staten Island fulfillment center was the use of "salts."

"Salting" is a common organizing tactic used by labor unions. It is when union organizers apply for jobs with non-union employers for the express purpose of organizing the employer's workforce from the inside. In addition to organizing, the salts also try to inflict economic harm on the targeted employer by triggering unfair labor practice charges and resulting back pay liability. Salting is one the more underhanded methods of organizing used by labor unions.

It's devious, it's effective … and it's 100 percent legal. 

Why I’m anti-union

“Jon, why are you anti-union?”

I’ve received this question a lot lately. Between all of my posts about the need for all employers (including craft breweries) to pay attention to the recent wave of union organizing, and my philosophy of workplace management that focuses on positive culture and positive treatment of workers, many have asked why I oppose labor unions.

Let me explain.

WIRTW #620: the “straws” edition

Do you know? Non-plastic straws, such as those made of paper or plant material, can include wheat as a binder? Norah discovered this fact after we returned from our recent family Spring Break vacation to Hollywood, Florida. Her brother, Donovan, who has Celiac Disease, got glutened on our trip and we couldn’t figure out the source. 

Now we have a pretty good idea. Good catch Norah!

Hear all about the rest of our Spring Break on this week's episode of The Norah and Dad Show, available on Apple Podcasts, Spotify, Google Podcasts, or wherever you listen to podcasts.

Here's what I read the past two weeks that I think you should be reading, too.

Don’t confuse “tips” and “service charges” for hospitality employees

How often have you looked at you bill at a restaurant and have seen an added service fee? Do you think to yourself, "No need to tip; it's already been added to the bill." 

Think again, at least according to the 11th Circuit in Compere v. Nurset Miami, LLC, which held that restaurant service charges are not considered tips under the Fair Labor Standards Act.

Are you an ally, or are you just afraid of being canceled?

I tell my students, "When you get these jobs that you have been so brilliantly trained for, just remember that your real job is that if you are free, you need to free somebody else. If you have some power, then your job is to empower somebody else. This is not just a grab-bag candy game."

– Toni Morrison

I think of this quote often when I think about what it means to be an ally at work. 

Anti-union vs. Anti-worker

Tomorrow at 5 pm I'm participating in an online panel discussing fair compensation in the craft beer industry. It's part of the Craft Beer Professionals Spring Virtual Conference (register here).

Some members of the group, however, are objecting to my participation. They take issue with my recent posts about union organizing, and more specifically union organizing in the craft beer industry. They claim that "anti-union" (which I am) is the same as "anti-worker" (which I definitely am not). They argue that my anti-union views bar my seat at the fair compensation table — that I'm cannot opine on fair compensation because I'm anti-worker.

I believe, however, that anti-union and anti-worker can be, and often are, mutually exclusive. 

The biggest workplace story of 2022

Last Friday, workers won the first-ever union election at an Amazon warehouse (a fulfillment center in Staten Island, New York). This is the biggest workplace story of the year, and it won't even be close. 

Here's why.

WIRTW #619: the “update” edition

To wrap things up this week, I thought I'd update two stories.

1/ UCLA Unpaid Job Posting

In addition to taking down the offensive job posting, UCLA tweeted this update.

Had UCLA included some of this reasonable explanation as part of its job posting, it could have avoided being excoriated online.

2/ Brienne Allan

Brienne, now of Brave Noise Beer, recently appeared on the Good Beer Hunting podcast to discuss what her year has been like since her Instagram post asking for stories about sexual harassment and gender discrimination in craft breweries went viral. It's a great listen. My takeaway (which will be fodder for a future post): Is your business an ally, or are you just afraid of being canceled?

I'm taking a much-needed vacation next week. I'll be back on April 4 with fresh content for y'all. Try not to miss me too much.

Here's what I read this past week that I think you should be reading, too.

Starbucks employees are trying to “kick down the door” across the entire food and beverage service industry

Less than one and one-half miles away from the flagship Starbucks that launched a global coffee empire five decades ago, employees unanimously voted for their shop to unionize. It became the seventh such store to vote to unionize, joining five stores in Buffalo, New York, and one in Mesa, Arizona. Of the 157 (and rising) Starbucks currently organizing or planning to organize, only one thus far (also in Buffalo) has sided with management.

Pay careful attention to what the employees of the Seattle store that just went union told The Seattle Times in speaking about what this vote means for employees in the food and beverage service industry generally.

The nuts and bolts of your company code of conduct

Yesterday I explained why your company needs a code of conduct separate from or adjunct to your already-existing anti-harassment policy. 

Today, I'm back to explain what it should contain, to whom it should apply, how violations are addressed, and how it should be disseminated.

Does your craft brewery or other company have a code of conduct?

Meet Brienne Allan, a brewer at Notch Brewing in Salem, Mass. In May 2021 she asked a simple question in an Instagram Story— "What sexist comments have you experienced?"

What followed were hundreds upon hundreds of stories of sex-based discrimination, harassment, and other abuse.

I’m going to say this loudly for the people in the back: IT’S ILLEGAL FOR EMPLOYEES TO WORK FOR FREE

I woke up Saturday morning to a tweet asking me for my take on this job posting.

I'm going to say this one time, really loudly, for the people in the back.

FREE WORK IS ILLEGAL

(in almost all cases)

WIRTW #618: the “o sole mio” edition

Over the years I've shared a lot of videos of my daughter performing. At the Rock & Roll Hall of Fame. At Ohio Bike Week. At the Best of Cleveland Party. On stage with Roger Waters. On stage with Rhett Miller. A lot of videos. (I'm a proud dad. What can I say?)

Here's another, albeit of a very different kind of vocal performance.

View this post on Instagram

A post shared by Jon Hyman (@jonhyman)

Here's what I read this past week that I think you should be reading, too.

Just because “caregiver” isn’t a protected class doesn’t mean it isn’t sometimes illegal to discriminate against them

No matter how many times you read our federal workplace anti-discrimination laws, you won't find the word "caregiver" among the litany of protected classes. Yet, it has been clear since the earliest days of this blog that in the proper circumstances "caregiver discrimination" is illegal.

Earlier this week the EEOC updated its Covid-19 guidance to discuss these caregiver-related issues.

Caregiver discrimination violates the laws enforced by the EEOC if it is based on an applicant’s or employee’s sex (including pregnancy, sexual orientation, or gender identity), race, national origin, disability, age (40 or older), or another characteristic covered by federal employment discrimination laws. Caregiver discrimination also is unlawful if it is based on the caregiver’s association with an individual with a disability, or on the race, ethnicity, or other protected characteristic of the individual receiving care.

In a stunning move, billion-dollar Starbucks investors urge the coffee retailer to go “union neutral”

Trillium Asset Management, which holds $48 million of Starbucks stock, is leading the charge on behalf of a billion-dollar-plus group of investors to push the coffee retailer to adopt a "union neutral" stance.

To date, more than 130 Starbucks stores in 26 states have petitioned the NLRB to unionize. Of the seven stores that have held elections so far, six have voted to unionize. 

According to the letter sent to both Mellody Hobson, Independent Chair of the Starbucks Board of Directors, and Kevin Johnson, its CEO (and obtained by CNBC), there exists grave investor concern that reports of Starbucks' "aggressive union-busting tactics" will harm the brand and its reputation (and, by extension, sales, profits, and, ultimately, share value).

Does your employment lawyer speak emoji and meme?

After a workplace discussion between employees about employees had been discussing concerns about a superior's management style, an employee goes to management to complain about having an unmanageable workload. That night, that same employee posts the following on his personal Facebook page. 

Just in case someone needed to know 🤷 

Employees don’t leave Companies, they leave Managers

At least 90 peple liked the post, including two co-workers who commented in support. The next day the employee was fired for alleged job performance mistakes. 

The fired employee files a charge with the National Labor Relations Board, claiming that he was fired in retaliation for engaging in protected concerted activity — his Facebook post. 

The NLRB concluded that the employee case presented a credible claim to litigate.

We conclude the Charging Party engaged in protected concerted activity because the Facebook post elicited support from coworkers over scheduling, management, and employee attrition, issues that had been topics of concern for employees. 

The post, as written, objectively sought to elicit support from coworkers and other employees—who were Facebook friends and would therefore see the post—regarding the perceived poor management practices that would lead to employee attrition.… [A]t least two of these employees' responses indicated their support for the Charging Party's message that bad management practices lead to a loss of employee morale and employee attrition.… Moreover, the Charging Party's post and the comments it elicited were a continuation of the Charging Party's earlier conversations with numerous other employees about the quality of the Employer's supervision.…

Non-text communications, such as emojis and memes, can be just as communicative as text and prose, and when they communicate a message the law treats them no differently. If your employment lawyer isn't conversive in emojis, memes, TikToks, and other newer forms of communication, it's time for a new lawyer. Your employees are speaking like this. You need to understand it, and so does your lawyer.

The 5th nominee for the “Worst Employer of 2022” is … the sh**ty superior

I thought I had seen all variety and manner of worst employer. Then Suzanne Lucas sent me this story.

Boss who gave employees energy drink 

mixed with colon cleanser gets sentenced

WIRTW #617: the “drive-thru” edition

Earlier this week I had the pleasure of guesting on DriveThruHR, one of the oldest and (in my opinion) best HR radio shows/podcasts. We discussed the end of my pandemic practice, the start of my craft beer practice, how alcohol is in my blood (and not in the way you might think), the sudden and successful rise of the labor movement, and some worst employers. Thanks to Mike VanDervort for the invite, and Mike and Robin Schooling for the discussion. 

You can listen here, or wherever you get your podcasts.

Here's what I read this past week that I think you should be reading, too.