Friday, November 15, 2024
WIRTW #738: the 'bluer skies' edition
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Tuesday, November 12, 2024
Does civility still matter?
Some apparently don't think civility matters any more.
I'm not ready, however, to give up on civility. But we have to take a stand. No matter who sits in the Oval Office, words still matter.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 11, 2024
Do you know what to do if ICE raids your business?
With Donald Trump running on campaign promise of the mass roundup and deportation of millions of undocumented immigrants, many businesses in the new year may face unannounced visits from Immigration and Customs Enforcement. Donald Trump has said that he plans mass deportations on day one, meaning that "if ICE shows up" could become "when ICE shows up" for employers across the country. Are you ready?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, November 8, 2024
WIRTW #737: the 'speed racer' edition
Do you remember your first traffic ticket? I do. I was 17, driving to high school, and it involved me hitting an actual, live person with my car at the tender age of 17. To hear the rest of the story, and also hear all about my daughter's inaugural ticket, you'll have to tune into this week's episode of the Norah and Dad Show Podcast, which you'll find on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.
Here's what I read this week that you should, too.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 7, 2024
A open letter to my daughter
Dear Norah,
"Dad, I'm scared." That was your message to me in the early hours of Wednesday morning, as you watched the election slip away from us.
I understand. You're scared for your rights—your reproductive rights, your right to privacy, and the rights of your friends to love and marry whomever they choose. You're scared because you're beginning to feel like a majority in your country sees you as "less than." They treat you, value you, as "less than."
Seeing you hurt like this breaks my heart. You feel crushed, betrayed by the country you call home.
Here's what I want you to know.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, November 5, 2024
A tip on employee tips
Here's a tip for management — keep your hands off of your employees' tips.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 4, 2024
How to keep a union out of your business
Workers are organizing at unprecedented rates. From October 1, 2023, to September 30, 2024, the National Labor Relations Board received 3,286 union election petitions, up 27% from the year prior and more than double the number received in 2021. Much of the push comes from service industries like retail, education, and healthcare. Union drives, however, don't start in a vacuum. They happen when employees feel ignored, underpaid, or disrespected.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Service charges: A hidden trap for employees (and customers)
You just wrapped up a great meal at your favorite restaurant. The server drops off the check, and there's a surprise—your $100 tab is now $120, thanks to a $20 "service charge" added at the bottom. But here's the kicker: under the Fair Labor Standards Act (FLSA), that service charge isn't considered wages for your server. The restaurant can legally keep it all without sharing a dime.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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When employees just can't get along
Dan and Todd? They used to be best friends. But things got messy, and now they can't stand each other. Dan's ready to move on, but Todd? Not so much. Problem is, they work on the same team you manage, and now Dan's knocking on your door, hoping you'll step in and fix things.
Sure, you could tell them, "Just avoid each other and carry on." Sounds easy, right? Why make two people who aren't friends anymore work together if they don't want to? But here's the catch: avoiding this issue might be an easy short-term fix, but it's not a long-term solution that actually works. In most workplaces, people can't just steer clear of each other, especially if they need to interact on the daily.
So instead of hoping it all blows over, try these steps to get Dan and Todd back on the same page professionally—even if the friendship ship has sailed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 29, 2024
Harassment by "comedy" is anything but a laughing matter
A CEO hires a stand-up comedian to warm up employees before delivering the keynote at the company's annual all-hands meeting. But the comedian's set is anything but workplace appropriate. His "jokes" insult and offend everyone — Blacks, Hispanics, Jews, Muslims, women, LGBTQ+ individuals. Everyone, that is, except white men.
It's clear your employees aren't amused. Some look angry and offended. Others walk out in protest.
Now imagine you're the CEO. What do you do?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 25, 2024
WIRTW #736: the 'vote' edition
On the latest episode of The Norah and Dad Show, my daughter and I discussed voting. Specifically, we discussed Norah's experience voting, which she did for the very first time when she was home for fall break a couple of weeks ago.
Voting is an act that might appear small, but it's actually monumental. It is a right that I've always taken seriously, and it's one of those moments that makes you reflect on the values you've tried to instill as a parent. Standing alongside Norah at the polls, I thought about the conversations we've had over the years—about fairness, democracy, and the importance of using your voice. She now gets to make her voice heard in a new, impactful way.
Watching your child become an active participant in our democracy is a proud moment. It's not just about the issues or the candidates on the ballot (although with this election it kind of is); it's about her stepping into adulthood with a sense of responsibility and purpose. I hope it's an experience that she'll carry with her every time she goes to the polls in the future.
👉 Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 23, 2024
The 12th nominee for the Worst Employer of 2024 is … the hurricane haranguer
What's worse than keeping employees on the job during a natural disaster? How about doing that, knowing full well how dangerous the situation is—and sneaking out yourself before things hit the fan? Impact Plastics and its CEO, Gerald O'Connor, seem to have written the playbook on reckless disregard for human life.
And when did they finally decide to send workers home? After the parking lot flooded, power was lost, and the full brunt of the storm was bearing down on them. Too little, too late.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 22, 2024
"Why would you want to do a man's job?"
"Why would you want to do a man's job?" That's one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling, and landfill service provider—repeatedly asked female job applicants.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 18, 2024
WIRTW #735: the 'client' edition
Being a party in a lawsuit is a humbling experience for any lawyer. After decades of representing clients, I recently found myself on the other side—this time as a plaintiff. I can't dive into specifics, but the experience left me with several important lessons to share.
First, the emotional weight of litigation is real. No matter how rational or well-prepared you are, being a party in a lawsuit brings an element of personal stress that's hard to fully understand until you've lived it. It's a good reminder that when clients seem frustrated or overwhelmed, it's not just the legal process—they're feeling the impact of uncertainty on their life or business.
One surprising lesson I learned is the importance of patience. As lawyers, we often forget how slow litigation can feel from the client's perspective. Every delay, motion, or rescheduled meeting drags out the process. Experiencing those delays firsthand gave me a deeper understanding of how frustrating it can be to wait for answers. Moving forward, I'll be more mindful of this in my practice and do what I can to streamline things for my clients whenever possible.
Lastly, I learned how valuable a settlement can be. It's easy to get wrapped up in "winning," but the truth is, not every battle is worth dragging out. Compromise, when approached strategically, isn't a defeat—it's a way to bring closure, minimize risk, and move on to what matters most.
This experience gave me new perspective to carry into my practice. Sometimes the best insights come from walking a mile in someone else's shoes, or this case my own shoes from the other side of the street.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 16, 2024
Keeping politics civil at work
With the 2024 election right around the corner, it's inevitable that political talk will creep into your workplace. And let's be honest—politics today isn't exactly a calm or respectful topic of conversation. As a result, political discussions can quickly escalate into political conflicts and HR nightmares.
Just because the world outside may feel divided and hostile, however, doesn't mean your workplace has to be.
Here are 5 tips to keep your workplace civil during these most uncivil of times.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 15, 2024
One headache of an FMLA case
SEPTA fired Ephriam Rodriquez from his job as a bus driver for excessive absences. Rodriguez sued, claiming that the termination violated his rights under the FMLA because a migraine headache caused his final absence (a fact of which he advised SEPTA prior to his termination).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 14, 2024
The 11th nominee for the Worst Employer of 2024 is … the high-risk terminator
"There might be something wrong with my daughter's heart."
The manager's response? "I'm so sorry to hear about that and I hope everything is okay. Please let me know if you need anything. I'll send positive vibes your way and hope it was a mistake."
So far so good.
But he continued.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, October 11, 2024
WIRTW #734: the 'working for the parents' weekend' edition
It's a rite of passage for all moms and all dads of college students — Parents' Weekend. We spent last weekend at Ohio Wesleyan's Parents' Weekend with Norah. We ate, we shopped, we ate some more, and we shared a cup of coffee with her French professor. It was a great weekend, and you can hear all about it on the most recent episode of the Norah and Dad Show, which you can find on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 9, 2024
SCOTUS to weigh in on the burden of proof in "reverse" discrimination cases
The purpose of our workplace discrimination laws is to ensure that all employees are treated equally, right? Maybe … but maybe not.
Next term, the Supreme Court will hear the appeal of Marlean Ames, a straight woman who sued the Department of Youth Services for sex discrimination under Title VII. She claimed she was discriminated against her because of her sexual orientation, alleging that she was passed over for a promotion, demoted, and that a gay man was then promoted into her former position.
Ames claimed sex discrimination, but the 6th Circuit disagreed, citing her failure to establish the necessary "background circumstances."
What are the "background circumstances" needed to show that an employer is among the small subset that discriminates against the majority? According to the 6th Circuit, "Plaintiffs typically make that showing with evidence that a member of the relevant minority group (here, gay people) made the employment decision at issue, or with statistical evidence showing a pattern of discrimination by the employer against members of the majority group." Ames lost because she showed neither.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tipped wages and sexual harassment
"Are you on the dessert menu? Because you look yummy."
Secondly, these are the types of comments to which customers expose servers in the hospitality industry on the regular. In fact, the restaurant industry has more sexual harassment claims than any other industry, with as many as 90% of women report experiencing some form of sexual harassment. In large part, I blame tipped wages.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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