Posts filtered by tags: Jon Hyman[x]


Coronavirus Update 7–23–2021: We talkin’ bout masks! We ain’t talkin’ bout the vaccine, we talkin’ bout masks.

I'm not proud of this but i just made a scene in public for the first time in my life… I walked into a Starbucks and they asked me to put a mask on! I yelled this is ridiculous, so I turned around and walked out. I know what you're thinking… My first mistake was walking into a Starbucks:)– Actor Kevin Sorbo, on LinkedIn, 7/20/21I came across the post written by the former Hercules actor a couple of nights ago while perusing my LinkedIn feed. Three things came to mind. 1/ I cannot believe more...
Tags: Jon Hyman

Coronavirus Update 7–22–2021: How the ADA and FMLA apply to Covid long haulers

The risks associated with Covid-19 aren't limited to the 625,000 Americans this virus has killed or the 2.3 million hospitalizations. One of the greatest risks comes from the fact that nearly one-third of Covid-19 patients will develop long-haul symptoms that long outlast the actual infection, and further that nearly one-third of all Covid long haulers had asymptomatic Covid cases. These long-haul symptoms can include fatigue, respiratory problems, "brain fog," body aches and muscle pain, abdom...
Tags: Law, Ada, FMLA, Jon Hyman, COVID, Nelson Gono

Coronavirus Update 7–21–2021: Employers, now is the time to ready your back-to-school plans

Children nationwide are getting ready to go back to the school for the 2021 – 22 school year, the third school year students and their parents will be living and dealing with, Covid-19.Here's what we know about what this school year will look like. Updated CDC guidance prioritizes in-person learning, and I know of no schools that are starting their year with any mandatory remote learning.Large percentages of people returning to school will not be fully vaccinated.No one under the age of 12 wil...
Tags: Law, Cdc, Delta, Jon Hyman, COVID, FFCRA, Updated CDC, MChe Lee

When protected concerted activity isn’t protected

Netflix has fired three marketing executives for criticizing their co-workers over Slack. According to The Hollywood Reporter, "the executives in question thought the messages were private. An insider says an employee stumbled across several months’ worth of these messages and reported it." In a comment posted to LinkedIn, Netflix Co-CEO and Chief Content Officer Sarandos provides the details:  Very early on at Netflix, Reed Hastings wrote a culture memo for the company with Patty McCord, t...
Tags: Law, Netflix, Jon, NLRA, Netflix Reed Hastings, Jon Hyman, Patty McCord, Pixabay, Sarandos, LinkedIn Netflix Co

An adverse jury verdict is just a number on a piece of paper

Late last week, a federal jury tagged Walmart with a verdict totaling more than $125 million in a disability discrimination lawsuit the EEOC brought on behalf of an employee with Down syndrome. The facts were not great for Walmart.  The jury concluded that the retail giant failed to accommodate Marlo Spaeth, a 16-year employee with Down syndrome, and then fired her because of her disability. After Walmart altered her shift hours by 60 to 90 minutes, she had requested an accommodation back to...
Tags: Law, Walmart, Ada, U S Supreme Court, EEOC, Jon Hyman, Chicago District Office, Spaeth, Marlo Spaeth, Gregory Gochanour, EEOC Chair Charlotte A Burrows

Coronavirus Update 7–16–2021: Ohio prohibits schools from mandating the Covid vaccine

Ohio currently requires that students receive each of the following vaccines (subject to medical or religious exceptions) as a condition of attending school: diphtheria, tetanus, pertussis, polio, measles, mumps, rubella, hepatitis B, chickenpox, and meningococcal. The one vaccine that Ohio schools can no longer mandate as a condition of attendance or participation in activities? The Covid-19 vaccine. This week, Governor DeWine signed HB 244 into law, which makes it illegal for a public school...
Tags: Mississippi, Law, Ohio, Fda, Los Angeles County, DeWine, Tennesse, Jon Hyman, COVID, Delta COVID, Covid Covid, Tim Hüfner

There’s nothing illegal about paying employees a “day rate,” as long as you also pay an overtime premium for overtime hours

Here's how the president of Fusion Japanese Steakhouse describes the manner in which his company (unlawfully) pays its kitchen staff:I pay a teriyaki chef $120 per day. He worked ten hours—ten hours a day. So here’s how to calculate it. He works ten hours a day at $120 a day. I divide it by hours, and it’s $10.97 per hour. If he works overtime, it will be $16.20 overtime pay. So $120 a day, I have it covered because it was way past—way beyond $7.25 minimum wage rate. So I take consideration of ...
Tags: Law, Walsh, Department of Labor, FLSA, Jon Hyman

The 10th nominee for the “Worst Employer of 2021” is … the transphobic terminator

Kimberly Grinage was born male but identifies as a transgender woman. That fact presented a huge problem for her during her employment at an Extended Stay America property, as she alleges in her lawsuit. She claims that her Christian manager fired her specifically because he did not want a transgender woman working for him. She alleges that the manager with whom she interviewed, Matthew Figurski, asked her during her interview if she was a Chrisitan. For that reason, she hid her transgender st...
Tags: Law, America, Matt, Figurski, Grinage, Jon Hyman, Kimberly Grinage, Matthew Figurski

Coronavirus Update 7–13–2021: The 3 reasons why it matters that you get vaccinated (even if I’m vaccinated)

"If you're vaccinated, and the vaccines work, why do you care if I get vaccinated? Let me live my life. My body, my choice." This sentiment echoes a popular refrain of those who are anti-vax or otherwise not getting the Covid vaccine. It's also very, very wrong. Here are the top three reasons that it matters that you get vaccinated (even if I'm vaccinated).   1/ You are allowing the virus to mutate, new variants to develop, and the virus to continue living on. That's how viruses work. In fac...
Tags: Law, Spencer Davis, Jon Hyman

You don’t need to wait for President Biden to fix what’s wrong with non-compete agreements

On Friday, President Biden signed an Executive Order on Promoting Competition in the American Economy. According to the Order, its goal is to promote a "fair, open, and competitive marketplace" and "the welfare of workers, farmers, small businesses, startups, and consumers" through the elimination or limitation of "excessive market concentration," which "threatens basic economic liberties, democratic accountability." One of the President's targets is "companies [that] require workers to sign no...
Tags: Law, Commission, Biden, Ftc, Jon Hyman, Charles Deluvio

WorldatWork’s Work in Progress podcast—Episode 118: A Conversation with Employment/Labor Attorney Jon Hyman

This week marks my record-setting third appearance on WorkatWork's Work in Progress podcast. Tune in to listen to me talk about employer vaccination policies, transgender bathroom rights, workplace drug testing, and an assortment of other controversial issues in between. We also started our conversation with a bonus chat on the latest RRHOF inductees. Which one am I most excited about? You'll have to listen to find out.A huge thank you to Charles Epstein and Tom Alexander for inviting me back on...
Tags: Law, Tom Alexander, Tom, Popeye, Jon Hyman, WorldatWork, Charles Epstein

Religious accommodations shouldn’t flummox employers, yet they still do

I've shared this story before, but it's worth re-sharing because (a) it's been a few years and I have many new readers, (b) it's really good, and (c) because it's super relevant to today's lesson.I spent a high-school summer working on a warehouse loading dock. One of my co-workers was named Harland Jester. (I provide his name because he named his son "Court," and this context provides the necessary color for the rest of the story.)Four days into my summer job, a co-worker pulled me aside and a...
Tags: Minnesota, Law, Israel, Chrysler, Christian, Lee, EEOC, Lee Iacocca, Harland, U S Equal Employment Opportunity Commission EEOC, Jon Hyman, APRS, Harland Jester, St Louis Park Minn, AscensionPoint Recovery Services LLC

ABA President fixes the victim-blaming problem the ABA Journal created for working moms

Yesterday, I was all over the ABA Journal for publishing a column that victim-blamed working moms for their lack of advancement in the legal profession. Then, ABA President Patricia Lee Refo did what she could to fix the injustice created by the journal of the organization she runs.In her own column—Women's success in legal careers: Lack of advancement is not a 'woman' problem, it’s a 'profession' problem—Refo took apart the notion that female attorneys are to blame for their lack of upward mob...
Tags: Law, Aba, ABA Journal, The American Bar Association, Jon Hyman, Patricia Lee Refo, Refo

The American Bar Association must never again victim-blame for working-parent attorneys for the discrimination they suffer

The ABA Journal recently published a column by Susan Smith Blakely, a career counselor and former law-firm partner, that does a gross injustice to every law-firm working parent.  Her piece, titled, Are women lawyers paying enough attention to upward mobility?, argues that women lawyers are responsible for the limited opportunities their employers have fostered upon them. By focusing on family instead of firm, she argues that they have chosen their priority and should not complain when career ...
Tags: Law, American Bar Association, Aba, ABA Journal, John O Brien, Jon Hyman, Susan Smith Blakely, Brian Wangenheim

The American Bar Association must never again victim-blame working-parent attorneys for the discrimination they suffer

The ABA Journal recently published a column by Susan Smith Blakely, a career counselor and former law-firm partner, that does a gross injustice to every law-firm working parent.  Her piece, titled, Are women lawyers paying enough attention to upward mobility?, argues that women lawyers are responsible for the limited opportunities their employers have fostered upon them. By focusing on family instead of firm, she argues that they have chosen their priority and should not complain when career ...
Tags: Law, American Bar Association, Aba, ABA Journal, John O Brien, Jon Hyman, Susan Smith Blakely, Brian Wangenheim

Coronavirus Update 6–30–2021: Because of your vaccine hesitancy, COVID-19 is here to stay

Last week I asked you, my readers, for your creative ideas to incentivize more people to get vaccinated. Your thoughts— "Since celebrities seem to have a lot of clout, maybe they should be asked to encourage others to get vaccinated. Truly, if there was a way to have Alex Trebek tell America to get vaccinated, it might happen. Or the All State Insurance Guy. This may sound silly, but there is so much mistrust of the government on either side of the aisle, that someone not seen as political nee...
Tags: Law, America, Tom Hanks, Delta, World Health Organization, Alex Trebek, Los Angeles County, Jon Hyman

Transgender bathroom access remains a solution in search of a problem

Yesterday, the Supreme Court declined to hear the appeal of a school district challenging the right of a transgender student to use the bathroom that corresponded to his gender identity, leaving in place the landmark 4th Circuit opinion holding that transgender bathroom restrictions constitute illegal sex discrimination.This decision falls in line with the EEOC's recent statement on this issue for employers. Courts have long recognized that employers may have separate bathrooms, locker rooms,...
Tags: Supreme Court, Law, Nik, EEOC, 4th Circuit, Jon Hyman

Coronavirus Update 6-28-2021: Television meteorologist April Moss correctly fired for on-air rant against employer’s Covid policies

WWJ CBS Detroit fired meteorologist April Moss after objecting on-air against her employer's COVID-19 policies. Moss paused her Father's Day weather forecast to say, "And speaking of a brand new week, I will be sitting down this week with Project Veritas to discuss the discrimination that CBS is enforcing on its employees. Tune in to Project Veritas for my full story." (Project Veritas is a controversial far-right activist group that uses hidden camera footage to attack its targets.) In a stat...
Tags: Law, Cdc, Cbs, Adweek, Moss, EEOC, Jon Hyman, Project Veritas, WWJ, WWJ CBS Detroit, WWJ TV

Coronavirus Update 6-25-2021: Post-Covid pet-friendly workplaces?

"Does returning to the office mean bringing pets to work?" is a question that recently caught my eye as I was scrolling through my feed on LinkedIn (thanks David Miklas). What the heck do we do with our pets as we return to the office? If Loula and Dante could talk, they'd tell you, "Pleeeeeeeeeeeeeeeeeeeeeease don't take my parents away; we've gotten so used to having them at home with us every single day."  For this reason, and as an enticement to get people back to the office, some busi...
Tags: Law, Ada, Dante, Jon Hyman, Loula, David Miklas

Coronavirus Update 6-24-2021: Crowdsourcing new ideas on how to get more people vaccinated

State-sponsored vaccine lotteries.Relaxed or eliminated mitigation rules for the fully vaccinated.Paid time off for vaccines and side effects.Gift cards and other monetary incentives.Governments and employers seemingly have tried everything to get as many people vaccinated as quickly as possible.Yet, we are failing.  Nationally, only 65.5% of the adult population has received at least one dose of the COVID-19 vaccine. The numbers are downright grim for the under-18 age group, with only 9.2% at...
Tags: Law, Linkedin, Jon Hyman, Mark Fletcher Brown, Pat Perry

Coronavirus Update 6-23-2021: We now live a Covid-bifurcated society — the vaccinated and the will-get-sick

I spent last weekend visiting my parents in Philadelphia. Because of the pandemic we had not seen them in 20(!) months. It was a glorious five-day visit.During our trip to Philly we mixed in a visit to Donovan's cardiologist (whom he had also not seen in 20 months). We learned two things from that appointment. First, Donovan's (formerly) narrow pulmonary valve responded amazingly to his October 2019 procedure. Secondly, Covid is still spreading like wildfire among the unvaccinated, even kids. W...
Tags: Florida, Law, Cnn, Delta, Philadelphia, Biden, Philly, Peter Hotez, National School of Tropical Medicine, Donovan, Jon Hyman, COVID, Hakan Nural, Manatee County Florida IT Department, Baylor College of Medicine the Delta

Coronavirus Update 6-22-2021: Workplace things Covid has not changed—you can still fire dishonest employees

Suppose an employee leaves work claiming Covid-like symptoms. He then calls off work for the next two weeks, claiming he is quarantining at home at his doctor's recommendation. Can you fire the employee during that quarantine period? Does your opinion change if you learn during the quarantine that the employee's doctor never recommended the quarantine and the employee lied about receiving that recommendation? Those are the basic facts of O'Bryan v. Joe Taylor Restoration, and upon which a fed...
Tags: Florida, Law, Bryan, Jon Hyman, O Bryan, COVID, Taras Chernus

Explaining the EEOC’s brand-new LGBTQ+ resources in three words

Yesterday, Bostock v. Clayton County—the Supreme Court decision which held that Title VII expressly covers and protects gay and transgender employees—celebrated its one-year anniversary.  To commemorate this event, the EEOC released new resources on the issues of sexual orientation and gender identity workplace rights. These materials include a new landing page that consolidates the EEOC's information on these issues and a new technical assistance document to help explain Bostock and the EEOC...
Tags: Jon Hyman

Coronavirus Update 6-14-2021: It took all of 12 days for 117 employees to learn what it feels like to lose a lawsuit in spectacular fashion

Twelve days ago I predicted that the 117 hospital workers suing their employer over its mandatory COVID-19 vaccine would lose their lawsuit in spectacular fashion. I love it when I'm very, very correct. Over the weekend, Judge Lynn Hughes of the United States District Court for the Southern District of Texas issued a pointed five-page opinion that eviscerated the plaintiffs' arguments and dismissed their lawsuit. The losers vow to appeal and fight on. To quote one of my law school professors, I...
Tags: Law, Equal Employment Opportunity Commission, Hughes, Jon Hyman, Lynn Hughes, COVID

Coronavirus Update 6-11-2021: OSHA’s long-awaited COVID-19 safety rule is a big bowl of … meh

Today is the 15-month anniversary of the COVID-19 pandemic. All that employers have asked of OSHA during the past year and a quarter is some clear guidance on the rules and expectations to keep employees healthy and safe. Yesterday, OSHA finally complied … sort of.  The agency issued an emergency rule that sets workplace safety parameters for employers for the remainder of the pandemic. Critically, however, it only applies to health-care employers. (Does this apply to you? OSHA published thi...
Tags: Law, Cdc, OSHA, Jon Hyman, OHSA, COVID, OSHA Employers

Coronavirus Update 6-9-2021: No, the COVID-19 vaccine has not killed more people than mass shootings, and it’s not even close

In Miller v. Bonata, a federal district court held that California's 30-plus-year ban on assault weapons violates the Second Amendment. In support of his holding, Judge Roger Benitez made the following analogy, in arguing in support of the lack of harm assault weapons pose: "More people have died from the Covid-19 vaccine than mass shootings in California."Judge Benitez is wrong, and it's not even a close case.  There have been, at most, three deaths that may be linked to the COVID-19 vaccine ...
Tags: Law, California, San Jose, Miller, Benitez, Jon Hyman, Roger Benitez, Bonata, Marisol Benitez

Coronavirus Update 6-8-2021: OSHA updates employers of N95 use

OSHA recently provided employers an update on the proper use of N95 masks, including a new video, poster (in English and Spanish), and FAQ (which makes is clear that "an N95 respirator is effective in protecting workers from the virus that causes COVID-19). The video and poster demonstrate and describe seven steps every worker should follow when putting on and taking off a respirator (which includes an N95).Wash hands with soap and water or alcohol-based hand rubs containing at least 60 percen...
Tags: Law, OSHA, NIOSH, Jon Hyman

Celebrating the important stuff

Donovan was diagnosed with Noonan Syndrome when he was just five months old. His gastroenterologist heard a heart murmur, which caused her to refer us to a cardiologist. She diagnosed his pulmonary valve stenosis. Since 60 percent of people with this heart defect also have Noonan Syndrome, the cardiologist referred us to a geneticist, who made the ultimate genetic diagnosis.  Noonan Syndrome is a genetic disorder caused by one of several mutations. Our son's mutation is of the PTPN11 gene. NS ...
Tags: Law, Noonan, Donovan, Jon Hyman

Now is as good a time as ever for a cybersecurity refresher

In light of the recent crippling Russian cyber-attacks on Colonial Pipeline and JBS, now is a perfect time for a refresher course on cybersecurity.Here are some A+ resources I've previously provided: Should you pay if your business is attacked by ransomware? Lessons from a ransomware attack   Make your business cyber-aware for National Cybersecurity Awareness Month  12 steps for your employees to become cyber-aware  10 key elements of any data security policy to safeguard your company If you th...
Tags: Law, China, JBS, Jon Hyman, National Cybersecurity Awareness Month

Coronavirus Update 6-2-2021: 117 employees are about to learn what it feels like to lose a lawsuit in spectacular fashion

117 employees have sued their employer, Houston Methodist Hospital, over its requirement that all employees receive the COVID-19 vaccine.  According to ABC News, the hospital gave its employees a June 7 deadline to get vaccinated or face suspension and termination. The employees allege that their employer is "illegally requiring its employees to be injected with an experimental vaccine as a condition of employment." The lawsuit adds that the hospital's vaccine requirement violates the "Nurembe...
Tags: Texas, Law, Cdc, Ohio, Nuremberg, Ada, Abc News, EEOC, Josef Mengele, Houston Methodist Hospital, Jon Hyman, EEOC OSHA, Stephen Radford, Biden White House, Marc Boom

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