I'm weird. I travel to my office for work every day possible. Not my "home office," but my actual office, inside my law firm, in a building with our name on it. Working in an office, as opposed to working remotely from my home, offers many benefits. I get to collaborate with and better know my co-workers. It fosters a sense of community and belonging within my business. It gets me out of my house (and t-shirts). And it provides a daily commute that enables me to listen to podcasts.
Friday, July 8, 2022
WIRTW #633: the “what I’m listening to” edition
I'm weird. I travel to my office for work every day possible. Not my "home office," but my actual office, inside my law firm, in a building with our name on it. Working in an office, as opposed to working remotely from my home, offers many benefits. I get to collaborate with and better know my co-workers. It fosters a sense of community and belonging within my business. It gets me out of my house (and t-shirts). And it provides a daily commute that enables me to listen to podcasts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 7, 2022
A Q&A on service animals at work
The EEOC has sued Hobby Lobby, accusing the arts-and-crafts retailer of refusing to reasonably accommodate a cashier by declining her the use a service dog and ultimately firing her.
According to the suit, the employee advised her manager that she needed to bring her fully trained service dog to work to assist her with symptoms caused by PTSD, anxiety and depression. The company's human resources representative met with the employee to discuss her request but concluded the dog would present a safety concern because a coworker or customer might be allergic to or trip over the dog, or the dog might break something. Even though Hobby Lobby allows customers to bring service dogs and other dogs to the store, managers were unwilling to allow the employee's service dog in the store to see whether there was an actual safety concern. Hobby Lobby ultimately terminated the employee when she could not work without her service dog.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 6, 2022
Having a disability is NOT an excuse for mistreating others
I've written before about BrewDog (here and here), the multinational Scottish craft brewery accused by hundreds of former employees of systemic mistreatment through its sexist and misogynist work environment. The brewery's founder and CEO, James Watt, stands at the center of much of controversy and most point to him as the root cause of most of the allegation.
Earlier this week, Watt appeared as a guest on The Diary of CEO podcast. During the interview, Watt blamed his pattern of mistreatment of employees him possibly being autistic.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 5, 2022
Forced religion and work do not mix
I believe that everyone's relationship with God (whether you call that deity God, Yahweh, Jesus, Allah, Vishnu, Buddha, something else, or nothing at all) is personal. I have no opinion on your spiritual relationship, as should you have none on mine. Thus, I get mad whenever someone tries to shove their religious beliefs down my throat. Not only do I not care, but I can guarantee that you will not change my mind. Proselytism is one small step removed from fanaticism, and rarely, if ever, has anything good come from religious fanaticism.
I share the above as prologue to today's discussion, which focuses on a Title VII lawsuit the EEOC recently filed against Aurora Pro Services, a North Carolina residential home service and repair company, alleged to have required employees to participate in religious prayer sessions as a condition of employment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 1, 2022
WIRTW #632: the “it's been a week” edition
From the Supreme Court's opinion terminating the constitutional right to abortion … to other Supreme Court opinions allowing and endorsing the open carry of firearms, prayer in public schools, the public funding of religious schools, and global warming … to the grim details of the near end of our republic laid bare by the brave Congressional testimony of Cassidy Hutchinson, it's been one hell of an exhausting, sad, and enraging week.
Weeks like this one demand a breather. So today, no law (other than the below list of links to read). Just music.
Enjoy my daughter's cover of Alanis Morissette's "Hand in My Pocket", recorded live at her gig last weekend at Akronym Brewing. (She's quite the busy musician this summer; you'll find all of her upcoming gigs listed on her website, including upstate New York, on July 15.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 30, 2022
Court dismisses employees’ race discrimination claims against Whole Foods based on prohibition of BLM masks
A group of Black and non-Black Whole Foods employees claimed that their employer unlawfully discriminated against them because of their race and their association with people because of their race based on their employer's prohibition of the wearing of "Black Lives Matter" face masks starting in June 2020 following the death of George Floyd.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 29, 2022
“Abortion discrimination” = illegal pregnancy discrimination … even after Dobbs
Is it legal to fire an employee who has an abortion? This is question that a lot of employers and employees will now be asking in light of the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization that that there is no constitutional right to abortion.
As controversial and divisive of an issue as abortion is (perhaps now more than ever), the law is clear that an employer cannot fire an employee for having one. Nothing the Supreme Court did in Dobbs changes this.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 28, 2022
Federal appeals court rejects reliability of electronic signatures on employment agreements
During a webinar I recently conducted on employee handbooks, someone asked me a question about the best practice between wet signatures vs. e-signatures on handbook receipts. I answered that either was fine, but at least with the digital footprint of an e-signature you avoid the disingenuous "that's not my signature," or the "I don't ever remember signing that" we sometimes hear from plaintiffs in deposition.
Then I read Barrows v. Brinker Restaurant Corp.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 27, 2022
The best response to the end of Roe v. Wade came from a company called DICK’S
At DICK’S, our teammates are the heart of our business, and we are committed to protecting their health and well-being.…
In response to today's ruling, we are announcing that if a state one of our teammates lives in restricts access to abortion, DICK'S Sporting Goods will provide up to $4,000 in travel expense reimbursement to travel to the nearest location where that care is legally available. This benefit will be provided to any teammate, spouse or dependent enrolled in our medical plan, along with one support person.
We recognize people feel passionately about this topic -- and that there are teammates and athletes who will not agree with this decision. However, we also recognize that decisions involving health and families are deeply personal and made with thoughtful consideration. We are making this decision so our teammates can access the same health care options, regardless of where they live, and choose what is best for them.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 24, 2022
WIRTW #631: the “(not so) Good Ship BrewDog” edition
Regardless of how "hype" or "good" the beer is, stop supporting breweries … who perpetuate problem behavior.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 23, 2022
THIS is how you help a struggling employee
Peter Gabriel sits on my personal Mount Rushmore of musical artists. He's also its longest resident, first etched during my high school years. I did not get the chance to see him play live, however, until the summer of 1994, Aug. 8, to be precise. He played the Stabler Arena at Lehigh University, a warm-up gig for his set six days later that would close the Woodstock '94.
Paula Cole, who had not yet struck it big herself, was Peter's main backing vocalist. She joined that tour for its final two legs, replacing Sinéad O'Connor.
For that final leg of the tour (which included the date I attended), Peter added Don't Give Up to the set, a song originally made famous for Peter's duet with Kate Bush on the So album. The show I attended was one of the first (if not the first) at which the band performed Don't Give Up. Unfortunately, about half-way through, Paula Cole had a bit of a problem with the lyrics and went completely silent through her part while band kept playing.
Peter jumped in. "It's been a while since we've done this one." Paula then composed herself enough to finish the song (beautifully and brilliantly, I might add).
But it's what happened next that stuck with me for the past 28 years.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 22, 2022
Is there a statute of limitations on old social media posts?
"LET ME SALUTE TO HITLER THE GREAT. He said 'i would have killed all the jews of the world, but I kept some to show the world why i killed them.'"
"F**k that Jew."
"who bothering ya!!! Let me at em! Lol if it's a Jew give me their @ and I'll do it 😂 😂 😂"
These are three examples of many recently discovered blatantly and offensively anti-Semitic tweets allegedly posted by Ismail Quran, Cleveland's "Police Officer of the Year" for 2019.
The thing is, they all pre-date Quran joining the department, and some are a decade old.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 21, 2022
Apple becomes the latest national retailer to succumb to the union wave
Workers at the Towson, Maryland, Apple Store made history by becoming the first such store to vote to unionize. It wasn't close, with 65 "yes" votes and 33 "no" votes (12 eligible employees failed to cast a vote). Apple joins Starbucks, Amazon, and REI as major national retailers bit by the union bug, with petitions pending a myriad more Starbucks outposts, other Amazon facilities and Apple Stores, and other retailers such Trader Joe's and Target. In other words, the union wave is becoming a tsunami.
If you're wondering what's fueling this historic drive to organize, the Department of Labor thinks it has some answers.
The DOL believes it all comes down to employees demanding a voice.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 20, 2022
The 8th nominee for the “Worst Employer of 2022” is … Vince McMahon
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 17, 2022
WIRTW #630: the “just like heaven” edition
I love sharing clips of my daughter playing music. It's made for such a cool catalogue of her growth as an artist over the years. So, here's a snippet of her cover of The Cure's Just Like Heaven from her show a couple of weekends ago.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 16, 2022
The 7th nominee for the “Worst Employer of 2022” is … the murder enabler
"It is with a deep sadness and a heavy heart I share one of our students, Riley Whitelaw, passed away over the weekend. Currently, we are unable to share additional information."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 15, 2022
Making threats vs. stating facts during union organizing
"Just know that if you unionize, when you are negotiating your benefits, you could gain, you could lose, or you could stay the same."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, June 14, 2022
Ohio decides arming teachers is the solution to mass shootings in schools; Ohio is very wrong
Yesterday, Ohio Governor Mike DeWine signed a new law that will lower the training hours school personnel to be armed from about 700 hours to a mere 24 hours — four for scenario-based training plus 20 for first-aid training, school-shooting history eduction, and reunification education.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, June 13, 2022
LGBTQ+ rights vs. religious liberty
"It's an abomination to God. Rainbow is not meant to be displayed as a sign for sexual gender."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, June 10, 2022
WIRTW #629: the “podcast appearance” edition
Earlier this week I had the pleasure of appearing on the Decision Vision podcast. The topic of discussion: "Should I allow my company to unionize?"
In an answer that should surprise absolutely no one who's been reading along, my answer is a firm, "No."
Part of my reasoning is that I do not believe unions continue to provide a necessary and valuable service for the employees they represent.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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