Kenny Lofton is one of the most beloved players in history of the Cleveland Guardians, née Indians. He spent the best years of 17-year career anchoring center field for the Cleveland teams that won six AL Central titles and earned two World Series berths.
Wednesday, August 24, 2022
Pro athletes should never get a pass on harassment
Kenny Lofton is one of the most beloved players in history of the Cleveland Guardians, née Indians. He spent the best years of 17-year career anchoring center field for the Cleveland teams that won six AL Central titles and earned two World Series berths.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 23, 2022
“Gaslighting” in the workplace
“That’s not how I told you to complete that project. Why did you do it that way? It’s all wrong.”
“Why didn’t you show up to the meeting? Of course I invited you.”
“Harassment complaint? You never made any harassment complaint.”
These are all examples of gaslighting in the workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 22, 2022
Lessons from Platform Beer’s mass layoff
According to Scene Magazine, late last week Platform Beer Co. notified between 25 and 30 of its local brewery employees that their employment was no longer needed. They were laid off.
That facility brews, tests, cans, packages, and warehouses most of Platform's offerings. The impacted employees were offered severance packages in accordance with their age and tenure.
When I hear "mass layoff," I immediately think of the WARN Act. WARN stands for Worker Adjustment and Retraining Notification. It's the federal statute that requires 60 days' advance notice of mass layoff or plant closure (or 60 days' pay in lieu of the notice). But it does not apply to every mass layoff or plant closure, only those of a large enough employer that impacts a large enough number of employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 19, 2022
WIRTW #638: the “DriveThru” edition
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Thursday, August 18, 2022
How do you respond when your employees are threatened?
Boston Children's Hospital has a scary situation on its hand. Its hospital staff has received aggressive phone calls, emails, and death threats. It's all in reaction to inaccurate information posted on conservative websites and shared across social media about its transgender surgery program.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 17, 2022
Walmart wins discrimination claim brought on behalf of pregnant employees unable to work
Consider the following two policies:
- Employees injured on the job will be offered Temporary Alternative Duty ("TAD") — light duty that enables the injured workers to keep working and earning their full wages while complying with any relevant medical restrictions.
- Pregnant employees with lifting or other physical restrictions related to pregnancy are required to go on an unpaid leave of absence, and no TAD is or will be made available.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 16, 2022
The CDC is the tail wagging the public’s dog
Last week the CDC updated its Covid isolation guidelines. The agency says it's "to help the public better protect themselves and understand their risk."
Most importantly, there is no longer any distinction between those who are fully vaccinated and those who are unvaccinated against the virus. Instead, the CDC says anyone can end isolation after five days if asymptomatic or if fever-free for 24 hours and other symptoms are improving. Thereafter, one should mask around others either through day 10 or sooner after two sequential negative tests 48 hours apart.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 15, 2022
HR may not be employees’ “friend,” but it’s also not their enemy
As the former Microsoft VP of HR I can assure you that HR is not your friend.
That headline from a BusinessInsider article written by Chris Williams, Microsoft's former head of HR from 1997 thru 2000, caught my eye.
He writes: "Do not see your team's HR representative as a friend. … HR is not your friend. … [T]hey are not paid to be the employee's ally."
On the one hand, Williams is correct. HR is not an employee's friend. But by framing the issue as such, he is suggesting that HR is an employee's enemy. That distinction is damaging. HR is neither friend nor foe of employees. It's their partner. If this is not how HR is working within your company, you need to reexamine why you have HR in the first place.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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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
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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
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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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