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Coronavirus Update 2-26-2021: Adaptability

Adaptability to change is itself a hallmark of successful education.– Peter Hilton 2020  –  2021 has been a different school year for everyone. My kids are fortunate in that their school, Lake Ridge Academy, has been open for full-time, in-person instruction for the entire school year. There have, however, been key changes in the name of safety. For example, the school made the decision not to participate in interscholastic sports this year. My son was able to participate on the Middle School ...
Tags: Law, Linkedin, Middle School, Northeast Ohio, Upper School, Lake Ridge Academy, Peter Hilton, Jon Hyman, Norah, Lake Ridge, Bravo Lake Ridge Academy


The 4th nominee for the “Worst Employer of 2021” is … the socially distant mass discharger

Repeat after me. Thou shalt only fire people in person, and never by phone call, email, or text message. If, because of COVID-19, you absolutely must fire someone by Zoom, at least have the decency to turn on your camera and mic. Apparently, the Washington Football Team did not receive this memo. It just mass fired its entire staff of cheerleaders via Zoom, with the camera and mic turned off. NBC News fills in the details. The Washington Football Team executive kept his video off the e...
Tags: Law, Nbc News, Jon Hyman, Washington Football Team


Coronavirus Update 2-24-2021: How much does it cost an employer for not following COVID-19 safety rules?

OSHA has cited a Missouri auto parts manufacturer for failing to implement and enforce coronavirus protections, which ultimately lead to an employee's death. The details, from OSHA's news release.Two machine operators … who jointly operated a press tested positive for the coronavirus just two days apart, in late August 2020. The two workers typically labored for hours at a time less than two feet apart; neither wore a protective facial mask consistently. Ten days later, two more workers operati...
Tags: Law, Missouri, OSHA, Jon Hyman, Mick Haupt


Coronavirus Update 2-23-2021: John Oliver tackles Covid and other safety issues in the meat packing industry

Last year I nominated Tyson Foods for 2020's Worst Employer because some of its managers started a cash buy-in betting pool on which of its employees would fall ill with COVID-19.This past weekend, John Oliver did a scathing indictment of Tyson Foods and others for their health and safety record during the pandemic and otherwise. If doing the right thing by your employees isn't enough for you to take health and safety seriously during the ongoing pandemic and beyond, and if staying off ...
Tags: Law, John Oliver, Tyson Foods, Jon Hyman, COVID


Coronavirus Update 2-22-2021: Get ready for the glut of Covid whistleblower tag-along claims

The headline reads, "Ex-Manager Sues Ample Hills in Lawsuit Alleging Harassment and Unsafe COVID-19 Protocols" (emphasis mine).Here's the lede:Bryce Mottram, a former general manager at one of quirky ice cream purveyor Ample Hills' scoop shops, has filed a lawsuit in New York Eastern District Court alleging that he was fired from the company in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company.I firmly believe that for the n...
Tags: Law, Hassan, OSHA, Jon Hyman, Pixabay, Ample Hills, Coronavirus, Bryce Mottram, New York Eastern District Court


Coronavirus Update 2-12-2021: Get ready for the glut of Covid whistleblower tag-along claims

The headline reads, "Ex-Manager Sues Ample Hills in Lawsuit Alleging Harassment and Unsafe COVID-19 Protocols" (emphasis mine).Here's the lede:Bryce Mottram, a former general manager at one of quirky ice cream purveyor Ample Hills' scoop shops, has filed a lawsuit in New York Eastern District Court alleging that he was fired from the company in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company.I firmly believe that for the n...
Tags: Law, Hassan, OSHA, Jon Hyman, Pixabay, Ample Hills, Bryce Mottram, New York Eastern District Court


The number one reason not to have a labor union

You would think that an employee who purposely defecates on the workplace floor in an act of revenge against his boss and then brags about it is worthy of termination. And you'd be correct 100 percent of the time … unless that employee is a member of a labor union. An arbitration board cited the employee's lengthy, faithful service record to the company and other mitigating circumstances in reinstating him.  As a result, the 8th Circuit Court of Appeals concluded that it had no choice but to...
Tags: Law, CBA, Board, 8th Circuit Court of Appeals, Jon Hyman, Pixabay


How do you define success?

This week I had the pleasure of guesting on Pat Perry's Success Wave podcast. During our half-hour-plus conversation, Pat and I discussed a variety of topics, including lawyering in the time of COVID-19 and the key issues I see employers facing in 2021. We also talked about some general business questions, such as this one: How do I define "success." Here's my answer. You can listen to the full episode on Apple Podcasts or wherever you get your podcasts. [Author: Jon Hyman]
Tags: Law, Pat, Jon Hyman, Pat Perry


Pop culture as a means to break down inherent biases and prejudiced divides

Think about it. If you want to know where the American public is, look at the money being spent on advertising. Did you ever five years ago think every second or third ad out of five or six you turn on would be biracial couples. [Applause] No, I'm not being facetious. The reason I'm so hopeful is this new generation. They're not like us. They're thinking differently. They're more open. And we have to take advantage of it.Those were the words of President Biden last night, speaking about race r...
Tags: Law, Biden, Cnn Town Hall, Jon Hyman, Pixabay


Coronavirus Update 2-16-2021: Are you monitoring your remote employees?

According to this article at Wirecutter.com, employers are using the COVID-19 pandemic as a justification to enhance their monitoring of employees' activities, specifically remote employees.As COVID-19's spread has prompted an expansion of work-from-home policies across various industries, the use of more-pervasive monitoring software, also known as "tattleware" or "bossware," has . The New York Times demonstrated how this software works, but the idea is simple: Once the software is installed, ...
Tags: Amazon, Facebook, Law, New York Times, Gartner, Jon Hyman, Brian Kropp


Coronavirus Update 2-15-2021: CDC updates quarantine guidelines for vaccinated individuals

Must individuals who are fully vaccinated (i.e., have received both vaccine doses) against COVID-19 quarantine if they have been in close contact with someone who has a confirmed case of the virus? According to guidance recently updated by the CDC, the answer is no (assuming certain criteria are met). Here's what the CDC says: Vaccinated persons with an exposure to someone with suspected or confirmed COVID-19 are not required to quarantine if they meet all of the following criteria:Are f...
Tags: Law, Cdc, Jon Hyman, Hakan Nural


Coronavirus Update 2-12-2021: Doctor wrongly fired for doing the right thing with expiring COVID vaccine dose

"Ten doses of the Covid-19 vaccine would expire within hours, so a Houston doctor gave it to people with medical conditions, including his wife." So reads the lede in this New York Times story. What happened next? He was fired. The details, again from the New York Times. Now that a vial of Covid-19 vaccine had been opened on this late December night, he had to find 10 eligible people for its remaining doses before the precious medicine expired. In six hours.Scrambling, the doctor made house ca...
Tags: Law, New York Times, Houston, HARRIS COUNTY Texas, New York Times Now, Jon Hyman, Suzanne Lucas, Hasan Gokal, Gokal


Coronavirus Update 2-11-2021: CDC updates its masking guidelines; should you do the same for your business?

The CDC just updated its masking guidelines, now recommending that individuals wear two masks—a well-fitting surgical mask underneath a cloth mask.  Should you be recommending or requiring the same for your business, both for employees and visitors?  My answer is no.  According to CDC research, wearing two masks reduces one's exposure to COVID-19 by 96.4%. Yet, if everyone wears one well-fitting mask, exposure is reduced by 96%. In other words, as long as everyone is being mask-compliant...
Tags: Law, Cdc, Jon Hyman, Volodymyr Hryshchenko


“I’m here live. I am not a cat.”

If you were on the internet yesterday, you likely came across the story of the lawyer who accidentally presented as cat during a Zoom court hearing. The Texas lawyer had accidentally left on a cat filter during a video conference call and was unable to turn it off.“I’m here live, I’m not a cat,” says lawyer after Zoom filter mishap“I can see that,” responds judge pic.twitter.com/HclKlAUwbM— Lawrence Hurley (@lawrencehurley) February 9, 2021 While this story provided everyone a much-needed lau...
Tags: Texas, Law, American Bar Association, Lawrence Hurley, Jon Hyman, Roy Ferguson, Texas s 394th Judicial District


Coronavirus Update 2-9-2021: Time off for the COVID-19 vaccine

At some point over the next few months, some (most?) of your employees will receive the COVID-19 vaccine. Depending on the rules of your state, the nature of your business, and the age or medical issues of your employees, some may already have. I've previous covered the legal issues surrounding the vaccine, here, here, and here. Today I want to cover a practical issue—time-off related to the vaccination. 1/ Please offer your employees paid time off to obtain both doses of the vaccine. To rea...
Tags: Law, Jon Hyman, John Cameron


Have you felt the pain of a wage/hour investigation or lawsuit?

For the past three years, the Department of Labor has been trying to get employees PAID for their unpaid overtime and minimum wages. That's PAID, as in the Payroll Audit Independent Determination program, a creation of the Trump administration that allowed employers to self-report F LSA violations to the Department of Labor without risk of litigation, enforcement proceedings, or liquidated damages. As of last week, however, the PAID program is history, as the DOL announced its immediate end. ...
Tags: Law, Trump, DOL, U S Department of Labor, Department of Labor, FLSA, Jon Hyman, Jessica Looman, Payroll Audit Independent Determination


Podcast recommendation: The Test Kitchen

I'm always on the lookout for new podcasts to add to my queue. Today's is a doozy. It's called The Test Kitchen, and it comes from the editors of Reply All at Gimlet Media. In four parts, it will tell a sadly familiar tale of racism and toxicity in the workplace. The workplace at issue is Bon Appétit magazine.  Here's the set-up. You'll find the full episode here, or wherever you listen to podcasts. [Author: Jon Hyman]
Tags: Law, Bon Appetit, Jon Hyman


No, you don’t get to keep your paid leave after your position is eliminated

The headline reads, "Trump aides made a late request to Team Biden to extend their parental leave. They said no." Here's the story:[A] number of ex-Trump political officials … lost their parental leave when Joe Biden was sworn into office. It's a byproduct of the field they're in: Their boss (the president) may have been the one let go, but his departure has meant that they, too, lose their jobs and benefits. Still, they argue that the Biden administration should have honored their leave by keep...
Tags: Law, Joe Biden, Biden, Trump, Vanessa, Sandy Millar, Jon Hyman, Team Biden, Biden White House, Vanessa Ambrosini


Coronavirus Update 2-3-2021: Have you had to deal with “COVID fraud” in your workplace?

According to Vice, people are using photo editing software to doctor COVID test results. "I just fired up photoshop and changed the date," wrote one man who had doctored results for an entire group of friends to Motherboard. "Fun fact, the document [test result] was in French whereas they were in Sweden the day it was supposedly made, but they didn't see a problem in that." The other person took a slightly less sophisticated route and changed the date of an old test with Microsoft Paint for his ...
Tags: Sweden, Microsoft, Law, Jon Hyman, COVID, Medakit Ltd, Southern Europe Depending


Coronavirus Update 2-2-2021: As new COVID-19 variants doubling down on transmissibility, OSHA doubles down on prevenative measures

"Wear a mask and stay 6 feel apart." It might sound like Groundhog Day to keep repeating this mantra. It's also the most basic and most important steps we can take to remain safe, healthy, and COVID-free. Last week OSHA published new guidance for employers about mitigating and preventing the spread of COVID-19 in the workplace. While I recommend you read it, understand it, and adopt its teachings in your workplace as best practices to keep your employees safe and healthy, I want to draw your ...
Tags: Law, Cdc, OSHA, Jon Hyman, COVID


How many N-words create a hostile work environment?

Last week, the U.S. Supreme Court was asked to answer these questions:Whether an employee's exposure to the N-word in the workplace is severe enough to send his Title VII hostile-work-environment claim to a trier of fact.Whether and in what circumstances racial epithets in the workplace are "extremely serious" incidents sufficient to create a hostile work environment under Title VII, rather than nonactionable "mere utterances." These questions stem from Collier v. Dallas County Hosp. Dist. (5t...
Tags: Supreme Court, Law, U S Supreme Court, COLLIER, Jon Hyman, Dallas County Hosp Dist 5th Cir


New Music Friday: “Wish I Was Ur Guitar,” by norah marie

Welcome back to New Music Friday. Today, I'm so happy to share my 14-year-old daughter's first-ever single, "Wish I Was Ur Guitar."  I love the song (obviously) and its title. If you ask Norah she'll tell you that she usually has a hard time coming up with titles for her songs, and for this song, she thought of the title first and liked it so much she wrote the entire song around it. She performs everything on the track—lead vocal, harmonies, guitar, bass, and percussion.  I think it’s great...
Tags: Facebook, Law, Paypal, Cleveland, Northeast Ohio, Jon Hyman, Norah, Panza Foundation


I applaud any company that takes a stand in support of democracy

Meet Bob Unanue, the (for now) CEO of Goya Foods. Here he is talking to Maria Bartiromo on Fox Business.Goya Foods CEO Bob Unanue tells Maria Bartiromo how coronavirus was used for “ushering in the dawn of a new world order, this Great Reset, with an unverified election,” falsely claims 80 million people voted for Trump. “There is a war coming.”Maybe rename the company “MyBeans”? pic.twitter.com/Kw8WXoTBLg— Eric Kleefeld (@EricKleefeld) January 20, 2021 It took Goya Foods' Board of Directors al...
Tags: New York Post, Law, Cnn, Trump, Maria Bartiromo, Goya Foods, Jon Hyman, Eric Kleefeld, Unanue, Bob Unanue, Goya Foods Here, Fox Business Goya Foods, Goya Foods Board, Uannue


Coronavirus Update 1-27-2021: Tread carefully if offering employees financial incentives to get the COVID-19 vaccine

To a nation waiting for action, let me be clearest on this point: Help is on the way.  Those were the words of President Biden in announcing the ordering of 200 million additional COVID-19 vaccine doses, a hike in the distribution of doses to states, and a promise that there will be enough doses to fully vaccinate 300 million Americans by the end of summer. It's an ambitious plan, but it's what we need to end a pandemic that has already claimed the lives of more than 425,000 Americans and will c...
Tags: Law, Biden, Ada, Joe, EEOC, Fauci, Jon Hyman, Hakan Nural


The 3rd nominee for the “Worst Employer of 2021” is … the pregnant pauser

Pregnancy discrimination has been illegal for at least 43 years. You'd think employers would know better. You'd also lose a lot of bets if you bet against the ignorance of some employers. Meet Awon Phie LLC, which operates a Holiday Inn Express in Corpus Chrisi, Texas, our third nominee for the "Worst Employer of 2021." How did it earn its nomination? According to a lawsuit the EEOC filed against it, three weeks after hiring an employee to work as a housekeeper, the company's operations manage...
Tags: Law, Holiday Inn Express, EEOC, Jon Hyman, Meet Awon Phie LLC, Corpus Chrisi Texas, Esha Rajendran


Coronavirus Update 1-25-2021: President Biden calls for unemployment benefits to employees who refuse to work because of Covid

Late last week, President Biden signaled that part of his overall plan to provide economic relief for American families and businesses amid the COVID-19 crisis is to broaden the availability of unemployment benefits to employees who quit their jobs related to Covid. Specifically, the president is "asking the U.S. Department of Labor to consider clarifying that workers who refuse unsafe working conditions can still receive unemployment insurance."  Allowing employees who quit in the name of ...
Tags: Law, Ohio, Capitol Hill, Biden, New York Public Library, U S Department of Labor, OSHA, Jon Hyman, COVID, America Rescue Plan Biden


Instead of reading my thoughts, today I offer you two options to listen to them

One of the great benefits of this blog is the opportunities it has opened for me to network with others. One of the great benefits of that networking is the ability to sometimes have my voice heard on other platforms. Today, I offer for your listening pleasure two podcasts on which I've recently appeared, the HR Social Hour Half Hour Podcast, and the Tech Leader's Toolbox Podcast. First, I was the guest on this week's HR Social Hour Half Hour Podcast, a podcast of which I've been a fan for year...
Tags: Law, Jon Hyman, Jon Thurmond, Wendy Dailey, Paul Simkins


Inauguration Day

Today is a wonderful day. 28 years ago, January 20, 1993, I was on the National Mall experiencing the inauguration of Bill Clinton. One of my absolute best memories. I treasure the day I spent as part of history.Democrat or Republican, left or right, liberal or conservative, it’s a day that we should ALL come together to celebrate our nation and our glorious democracy.So even if you disagree with the person placing his hand on the Bible and swearing the oath of office, please celebrate all that...
Tags: Jon Hyman


What employers can expect from Biden’s presidency: A temporary emergency OSHA standard for COVID-19

Today marks the one-year anniversary of the identification of the first COVID-19 case in the United States. On January 20, 2020, the State of Washington and the CDC confirmed that someone in Washington State had contracted the virus. Since then, 24,809,840 additional Americans have contracted Covid, and 411,520 have died from it.  All the while, OSHA, the federal agency charged with protecting health and safety in the workplace, has done very little to address the pandemic, and we still lack ...
Tags: Law, Congress, Cdc, United States, Biden, Washington State, OSHA, Occupational Safety and Health Administration, State of Washington, Jon Hyman, Coronavirus, COVID, Protection Standard


Biden calls for extension and expansion of FFCRA

As you should hopefully be aware, the Families First Coronavirus Response Act (FFCRA), the federal law that provided paid leave to employees for Covid-related absences, expired on December 31, 2020, with an option for employers to voluntarily expand leave through March 31, 2021. The problem, however, is that while this leave has expired or will soon expire, COVID-19 is not expiring any time soon. Help, however, may soon be on the way, as part of President-elect Biden's America Rescue Plan. A ...
Tags: Law, America, Biden, Jon Hyman, Kelly Sikkema



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