I grew up in Philadelphia and attended City of Philadelphia public schools. My high school had 4,500 students and was surrounded by barbed wire fencing. In a lot of ways, it felt more like a prison than a school.
Friday, August 12, 2022
WIRTW #637: the “down on the farm” edition
I grew up in Philadelphia and attended City of Philadelphia public schools. My high school had 4,500 students and was surrounded by barbed wire fencing. In a lot of ways, it felt more like a prison than a school.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 11, 2022
Consistency matters when applying anti-harassment rules
Can an employer legally fire an employee who writes "whore board" on an overtime sign-up sheet? Let's explore.
Following unsuccessful negotiations for a new union contract, Constellium unilaterally implemented a new overtime policy that required employees to sign up for overtime on a sheet posted on a bulletin board outside the lunchroom.
One employee, Jack Williams, went a step further. He wrote "whore board" on the sign-up sheet. Constellium then fired him for "willfully and deliberately engaging in insulting and harassing conduct."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 10, 2022
Employee too distraught to work over Dobbs decision loses job
I haven't been shy about hiding my disgust over Dobbs, the end of constitutional protections for abortion, and the threat to reproductive, women's and other fundamental rights that our nation currently faces.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 9, 2022
Do you know what to do and not to do when federal agents arrive with a search warrant?
The front door to your business opens, and in walks a column of federal agents with boxes, computer imaging equipment, and a search warrant.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 8, 2022
Does craft beer have a labor problem?
Does craft beer have a labor problem? Julie Rhodes, writing at PorchDrinking, sure thinks so.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 5, 2022
WIRTW #636: the “what the heck” edition
Another week, another podcast appearance. This week you can catch me on What the Heck is Happening in HR, discussing all things employee handbooks.
Here's what I read this 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, August 4, 2022
Alex Jones trial offers a teachable moment on the issue of "inadvertent disclosure”
Suppose you're sitting in your office and your associate excitedly runs in, yelling, "We got 'em! The other side just sent us the entire contents of their client's cell phone, and oh boy are there some smoking guns!"
Alex Jones, seconds after being told that his lawyer mistakenly send a huge cache of texts to Sandy Hook families’ attorney:
— Bill Grueskin (@BGrueskin) August 3, 2022
“This is your Perry Mason moment” pic.twitter.com/f6byn6N6VA
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 3, 2022
You won’t like OSHA when it’s angry
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 2, 2022
Accountability starts at the top, even for the NFL
NFL disciplinary officer Sue L. Robinson has suspended Deshaun Watson for six games for his violation of the league's personal conduct policy based on allegations by four masseuses that he solicited prostitution by paying for sex acts.
Some see six games as a slap on the wrist. I don't, at least in the environment that bound Judge Robinson and her ruling.
While I don't in any way condone Watson's misconduct, the NFL would place itself in serious legal jeopardy by imposing a suspension that encourages Watson or his union to litigate.
Don’t be mad at Watson for getting off light; be mad at the NFL for its long history of giving white male owners a free pass for their own sexual misconduct. The league created the legal environment that let Watson (a Black player) off.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 1, 2022
NLRB dismisses charges against lawyers for alleged “union busting” against the employees of its client … but let’s not celebrate yet
One law firm has been at the center of most of the recent high-profile anti-union organizing efforts in large multi-state employers such as Starbucks, Apple, and Trader Joe's — Littler Mendelson. The Service Employees International Union filed an unfair labor practice charge against that law firm and its responsible attorneys alleging that they violated the National Labor Relations Act by illegally polling Starbucks' employees about their support for the union.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 29, 2022
WIRTW #635: the “larp” edition
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 28, 2022
Unlike ordering at Chick-Fil-A, legal compliance isn’t chosen from a menu.
"We are looking for volunteers for our new Drive Thru Express!🚘 Earn 5 free entrees per shift (1 hr) worked. Message us for details"
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 27, 2022
Have you listened to Labor Relatedly yet?
Over the past few years, I've toyed with the idea of launching my own legal podcast. Two things have held me back. First, I don't really want to add another "thing" for me to manage. Secondly, other people ask me to guest on their podcasts and I feel like I'm getting enough bang for the podcasting buck that the added time of recording and producing my own show wouldn't justify any additional return.
Thus, I jumped at the chance when my friend Michael VanDervort asked if I wanted to join his existing podcast, DriveThruHR, as a recurring co-host to discuss all things labor relations in light of current and historic rise in union organizing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 26, 2022
Posting about litigation (actual or potential) is a terrible idea
Until yesterday, Erin Overbey worked as an editor at The New Yorker. Shortly after her termination, Overbey took to Twitter to write about her termination. Across 35 tweets, she accuses the magazine of retaliating against her because of she had previously raised concerns over its lack of equity and inclusivity.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 25, 2022
Cursing in the workplace
According to one survey, 57% of American employees admit to swearing at work. (Count me in the "yes" column.)
Where is the line between swearing as harmless workplace banter and swearing as harmful unlawful harassment? The seminal case is Reeves v. C.H. Robinson Worldwide, which involved the female plaintiff's offense to the salty language used by male co-workers in nearby cubicles.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 22, 2022
WIRTW #634: the “%@$&*!” edition
Vacation 💑 |
What is the word for a string of typographical symbols (such as %@$&*!) used in place of an obscenity, especially in comic strips?
Take your best guess in comments, and I'll provide the correct answer on Monday. No Googling!
Here's what I read and listened to this week and last week that I think you should be reading and listening to, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 21, 2022
We need to talk about litigation holds and spoliation of evidence
The situation playing out in real time between Congress and the Secret Service over text messages related to the Jan. 6th insurrection is quite the teachable moment on litigation holds and spoliation of evidence.
On Jan. 16, 2021, Congress sent the Department of Homeland Security (which oversees the Secret Service) a broad preservation and production request for documents related to Jan. 6, which included communications "received, prepared or sent" between Jan. 5 and Jan 7.
Following the Jan. 16 request, the Secret Service explained to employees that it was up to them to preserve records from their phones and provided a step-by-step guide to preserve mobile phone content, including text messages, prior to a phone migration that occurred on Jan. 27. That migration, however, appears to have caused a widespread destruction of data, as the Secret Service has only been able to produce to the Jan. 6 Committee one text message from the critical three-day window.
What went wrong?
A lot, apparently.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 20, 2022
A modest proposal to revamp continuing legal education credits #CLECreditsforBlogging
"I'm finishing all my CLE credits this week. It amazes me how if you keep up with law changes regularly how out-of-date these CLEs feel."
That's an excerpt of a recent conversation between my friend, Kate Bischoff, and me. Kate is 100 percent correct. I learn very little, if anything from the continuing education courses I take. I take them because the Ohio Supreme Court requires me to check a 24-credit box every two years, not because they offer me any educational value.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 19, 2022
Abortion travel benefits don’t discriminate against non-abortion-seeking pregnant workers
Within hours of the Supreme Court releasing its opinion in Dobbs v. Jackson Women’s Health Organization and reversing Roe v. Wade, DICK'S Sporting Goods announced that it will provide up to $4,000 in travel expense reimbursement for an employee, spouse, or dependent enrolled in its medical plan (plus one support person) to travel to the nearest location where abortion care is legally available.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 11, 2022
This is why I (almost) always recommend that employers provide terminated employees a reasonable severance package
Roosevelt Jointer worked as a maintenance supervisor at Tesla from September 2017 until last month. That was when his manager called him over the phone, during Jointer's vacation, to tell him that he had been fired.
Business Insider quotes Jointer about what was said during that call:
I did not receive any advance notice that I would be losing my job. Up to that point, no one at Tesla ever raised any issues with me regarding my performance.
During this call, my manager told me that I would receive a severance offer over an e-mail and urged me to sign a separation agreement to get a severance payment of one week's salary [and two months of health insurance].
He did not sign the agreement.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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