Posts filtered by tags: Jon Hyman[x]


 

Coronavirus Update 5-17-2021: It’s spelled HIPAA, not HIPPA … fixing some common misconceptions about the Health Insurance Portability and Accountability Act

Ever since the CDC amended its COVID-19 guidance to say that the fully vaccinated no longer need to wear masks indoors, I've read myriad variations of this tweet:Friendly reminder that under HIPPA, your vaccination status is private.Or this tweet: The rule is simple, HIPAA protects EVERY American from disclosing ANY of their health records to ANYONE. Their point? That medical privacy laws protect their vaccination status, and it's illegal for any business to ask as a condition of anything. T...
Tags: Law, Cdc, Ada, EEOC, HIPAA, Jon Hyman, HIPPA


Coronavirus Update 5-14-2021: CDC ends masking and social distancing for the fully vaccinated, but what does it mean?

Yesterday, the CDC updated its Covid guidance to remove all masking and social distancing guidance for those of us who are fully vaccinated. According to the CDC— If you are fully vaccinated, you can resume activities that you did prior to the pandemic, without wearing a mask or physically distancing. If you are not fully vaccinated, you must keep wearing masks when around others indoors. But what does this really mean? And, more to the point, how you know who's vaccinated and who's not so tha...
Tags: Law, Cdc, Ohio, OSHA, Jon Hyman, COVID


Coronavirus Update 5-13-2021: Governor DeWine ends all Covid public health orders, and goes game show host to get more people vaccinated

Last evening, Governor DeWine held a statewide address to announce the availability of the Pfizer vaccine for Ohioans ages 12 - 15. That news was not shocking. The rest of what he had to say, however, was. First, on June 2, all public health orders related to COVID-19 will end. That means the state will no longer require masks or social distancing. It does not mean, nor should anyone interpret it to mean, that businesses are not free to establish their own masks and social distancing rules, an...
Tags: Law, Ohio, DeWine, Jon Hyman


Coronavirus Update 5-12-2021: We are in the midst of a public mental-health crisis; how employers can help

Consider these statistics, courtesy of the National Institute of Mental Health, which recently examined mental health issues one year into the COVID-19 pandemic: 31% of people report symptoms of anxiety or depression​13% report having started or increased substance use​26% report stress-related symptoms​11% report having serious thoughts of suicide in the past 30 days​ These grim numbers tell me that COVID-19 has created a national mental health crisis. At least some of your employees are str...
Tags: Law, Ada, Finn, Careline, National Institute of Mental Health, Jon Hyman, COVID


Coronavirus Update 5-11-2021: I ❤ science

Late yesterday, the FDA announced that it has authorized Pfizer's COVID-19 vaccine for 12-15-year-olds. It's the best news I've heard in 14 months. We've literally been living on pins and needles, feeling like we are daily dodging viral bullets as we wait for our high-risk 12-year-old and his 14-year-old sister to be able to get vaccinated. All the while, we've tried to allow them to live as normal of a life as possible under the pandemic's circumstances. They've been attending school in pe...
Tags: Law, Fda, Pfizer, Jon Hyman, Vlad Tchompalov


Coronavirus Update 5-10-2021: EEOC Commissioner wants industry-specific Covid guidelines

Last week, the EEOC held a public meeting on the impact of the COVID-19 pandemic on civil rights in the workplace. Following up on the remarks at that meeting, EEOC Commissioner Keith Sonderling, speaking at a virtual summit held by the Institute for Workplace Equality, said that employers need guidance on whether their Covid-related decisions are legal, and that the EEOC should issue industry-specific guidance to clear up these ambiguities. Law 360 quotes Commissioner Sonderling: I stress ...
Tags: Law, EEOC, Jon Hyman, Sonderling, Keith Sonderling, Institute for Workplace Equality


Happy birthday to me!

This weekend, the Ohio Employer Law Blog turns 14! May 9, 2007 — my first post ever here at the blog. 3,628 posts and three law firms later, happy birthday to me!May 9 offers another reason to celebrate, Mothers' Day. I haven't seen my mom in 19 months, but with vaccines hopefully on the immediate horizon for my kids, I should be able to give my mom a sorely missed and needed hug really soon. This long-distance message will have to do until then.Today also happens to be my mom's birthday, so ev...
Tags: Law, EEOC, Jon Hyman, Marty Southwell


Coronavirus Update 5-6-2021: Do your employees have “Covid anxiety syndrome”?

The Telegraph recently tweeted about what is being called "Covid anxiety syndrome." The whole thread is a fascinating read, but its bottom line is that some people are reacting irrationally by continuing extreme Covid mitigation measures when they are no longer needed.The Guardian quotes professor Marcantonio Spada London South Bank University, who first theorized this syndrome after noticing people were developing a particular set of traits in response to Covid.Fear is normal. You and I are su...
Tags: Law, Telegraph, Jon Hyman, COVID, Marcantonio Spada London South Bank University, Covid Fear


Coronavirus Update 5-5-2021: NFIB’s survey of small employers reveals some disturbing Covid vaccination trends

The National Federation of Independent Business just released the results of its most recent Covid-19 Small Business Survey. 546 businesses, all with fewer than 200 employees, provided their experiences on a variety of Covid related topics. The results that jumped off the page, however, were the two questions about the Covid vaccine. Do you plan to get vaccinated for COVID-19?   Yes, I already have: 51%Yes, as soon as it’s available to me: 3% Yes, but not right away: 9%  No, I don’t plan to g...
Tags: Law, John Oliver, Bill Gates, Leia, NFIB, National Federation of Independent Business, Jon Hyman, Tim Mossholder


An update on the Worst Employer of 2019

What did Bobby Edwards do to earn the title of the Worst Employer of 2019?Bobby Edwards, the manager of J&J Cafeteria in Conway, South Carolina, effectively enslaved JCS (to whom we refer with the fictitious name "Jack"), forcing him to work at the restaurant over 100 hours per week without pay. … In 1990, when Jack was 12 years old, he started working part-time at J&J Cafeteria as a dishwasher. He has an intellectual disability and an IQ of 70. After a few years of part-time work, Jack drop...
Tags: Jon Hyman


Does President Biden have the political juice to make paid family and medical leave a reality?

For the past couple of administrations, it's a presidential rite of passage—unveiling a plan to provide paid family and medical leave to American workers. Last Wednesday night, President Biden released his proposal as part of his $1.8 trillion American Families Plan. What is President Biden proposing? Partial wage replacement for time off to bond with a new child, care for a seriously ill loved one, deal with a loved one’s military deployment, find safety from sexual assault, stalking, or do...
Tags: Law, America, Biden, Jon Hyman


The 8th nominee for the “Worst Employer of 2021” is … the vaccine vetoer

In a stunning show of ignorance, a Miami, Florida, private school has informed its staff that because the Covid-19 vaccine poses a health risk to those in close proximity to those who have been vaccinated, those who have already received the vaccine must physically distance from students and anyone vaccinated will not be permitted to return to work after the summer break.  In a letter to parents, CEO, Leila Centner wrote:We are not 100% sure the COVID-19 injections are safe and there are too m...
Tags: Law, Miami, Cbs, Miami Florida, Jon Hyman, COVID, Leila Centner


Biden Administration announces $15 minimum wage for all federal contractors

Yesterday, the White House announced that effective January 30, 2022, all federal contractors will be required to incorporate a $15 minimum wage in new contract solicitations, and by March 30, 2022, all federal agencies will need to implement the minimum wage into new contracts and into existing contracts with annual options to renew.The Executive Order that implements these changes will also tie this new minimum wage to inflation and adjust accordingly annually, eliminate the tipped minimum wa...
Tags: Law, Congress, White House, Biden, Jon, Jon Hyman, Sharon McCutcheon, Biden Administration


Why would a company wait a year to implement an anti-harassment program?

McDonald's has lots of secrets. What's in its sauce? What part of the chicken do the McNuggets come from? How come every time I crave a cone the soft-serve machine is out of order? Why do their soft drinks taste better than anyone else's?Something that's not a secret, however, is that McDonald's has a serious sexual harassment problem. From CBS News:Young women from across the country with remarkably similar accounts of workplace abuse and harassment at one of America's largest, most iconic fa...
Tags: Law, Cbs News, America, Abc News, McDonald, McDonald 's, Jon Hyman, Kempczinski, Chris Kempczinski, Anibal, Erik Mclean, Kat Barber, Jamelia Fairley, Emily Anibal First, Kimberly Lawson, Lawson Fairley Barber


Coronavirus Update 4-26-2021: Another reason not to mandate the Covid vaccine for employees

I've not hidden my belief that employers should not be mandating that their employees receive the Covid vaccine as a condition of employment. Now, OSHA offers yet another reason why employers should recommend, but not mandate, the vaccine. Per OSHA, if the vaccine is mandatory, then an employer must record an employee's adverse reaction or side effects on its OSHA log. If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vac...
Tags: Law, OSHA, Jon Hyman


Coronavirus Update 4-21-2021, part 2: Does President Biden read my blog?

I've previously urged employers to pay employees for time off related to getting the Covid vaccine and for any time related to adverse reactions to the vaccine thereafter (here and here). Today, President Biden made the exact same argument in urging Americans to get vaccinated as soon as possible. CNN quotes President Biden's remarks from earlier today: As we move into the vaccination campaign focused on working-age adults, one concern I've heard from so many Americans is that they can't af...
Tags: Law, Cnn, Biden, Jon Hyman, Coronavirus


Coronavirus Update 4-22-2021: The SBA has one pandemic job, and it failed @nivassoc #saveourstages

On April 8, the Small Business Association opened its Covid relief program for concert halls and other performing arts venues. Or at least it was supposed to. This $16 billion Shuttered Venue Operators Grant program—part of the $900 billion rescue package Congress approved nearly four months ago—is supposed to offer grants equal to 45% of a venue's gross earned revenue up to $10 million per business. The SBA had to immediately close its SVOG portal when crashed from the volume of applications....
Tags: Law, Congress, PPP, WSJ, Oklahoma City, SBA, Stephen Tyler, Bauman, RRF, Jon Hyman, Small Business Association, National Independent Venue Association, SVOG, Chris Bauman, Zenith Music Group, Filip Andrejevic


We learn more from our failures than our successes

A couple of months ago I was approached by the That One Case podcast to record an episode. This show asks lawyers to share the story of one case that has stood out over their careers. As they pitched it, that case could be a big win that defined my career, a turning point that took my work down an unexpected path, or simply the case of which I am most proud. When it came time to record, I took it down a different path. I chose to focus on a case from my distant past that resulted in the worst ...
Tags: Law, Litigation, Site News, Jon Hyman


How to identify and handle an employee at risk for workplace violence

It's been four days since Brandon Hole returned to the Indianapolis FedEx facility at which previously worked and killed eight people.  I've previously written about how to spot an employee at risk for workplace violence. And while I'm not sure FedEx could have done anything to prevent what happened here, this tragedy nevertheless is a great reminder of what employers need to do when they suspect an employee presents a risk of violence. Click here for my thoughts. * Image by Max Kleinen on...
Tags: Law, Indianapolis, Workplace Safety, Jon Hyman, Brandon Hole, Max Kleinen


Coronavirus Update 4-21-2021: Most Americans that haven’t yet gotten the Covid vaccine don’t plan to … and that’s a huge problem

According to a recent Axios-Ipsos poll, vaccination efforts may have plateaued, and most people who've not yet been vaccinated don't plan to get vaccinated.44 percent report not yet receiving any dose of the Covid-19 vaccine.66 percent of those unvaccinated say that they are either "not likely at all" or "not very likely" to get vaccinated.Only 14 percent of those unvaccinated say they are likely to get the vaccine. These numbers present a huge problem. The Washington Post has done the ...
Tags: Law, Washington Post, Spencer Davis, Jon Hyman, Axios Ipsos


DOL reopens the floodgate to liquidated damages in wage and hour investigations

The Department of Labor's breakup with liquidated damages in wage and hour investigations lasted only four years. Late last week, the agency announced that it would again seek liquidated damages (an amount equal to the unpaid wages themselves) in investigations, undoing a  policy change made by the Trump administration. According to the DOL, it will "return to pursuing liquidated damages from employers … in its pre-litigation investigations provided that the Regional Solicitor of Labor or the...
Tags: Law, Labor, Trump, DOL, Department of Labor, Wage And Hour, Jon Hyman, WHD, Chris Gallagher, Rsol


Coronavirus Update 4-15-2021: OSHA finally gets real about Covid safety

Consider the following Covid safety and health violations OSHA recently uncovered at a Massachusetts tax preparation business.Employees and customers were prohibited from wearing face coverings in the workplace despite a statewide mask order that mandated the business to require employees and customers to wear masks.Employees were required to work within 6 feet of each other and of customers for multiple hours while not wearing face coverings.Adequate means of ventilation in the workplace were ...
Tags: Law, Boston, Massachusetts, OSHA, Jon Hyman, Nathan Dumlao, Galen Blanton, COVID, Prevention Programs


Coronavirus Update 4-9-2021: Income tax season has exacerbated the ongoing Covid plague of unemployment fraud

One of the lasting lessons of the Covid-19 pandemic for businesses is our broken state unemployment systems. State governments have paid out tens of billions of dollars in bogus unemployment claims. And with claims paid comes tax forms reporting the income related to those claims.Consider the story of just one taxpayer, as relayed by the Wall Street Journal.Michael Baird, a 33-year-old marketing manager in Chicago, hasn't lived in Texas for several years. And yet there was a tax form from the s...
Tags: Texas, Law, Chicago, Unemployment, Houston, Wall Street Journal, Irs, Internal Revenue Service, Baird, Jon Hyman, Coronavirus, IRS Identity Protection PIN, Michael Baird


Title VII and “fringe" religions

"A pagan says she faced religious discrimination while working at Panera. Now, she’s suing." So reads the headline at the Washington Post. The plaintiff claims that after she told an assistant manager that she was pagan, her hours were cut and she was told they wouldn't be restored until she "found God" (in addition to other alleged workplace harassment).  A lawsuit is merely a one-sided collection of allegations. I have no idea if this Panera discriminated against this employee. But her st...
Tags: Law, Washington Post, Dan Farrell, EEOC, Christianity Judaism Islam Hinduism, Jon Hyman, Religious Discrimination, Coronavirus


Coronavirus Update 4-12-2021: It’s time to end pandemic PTO hesitancy

I haven't taken a proper vacation in 25 months. We were supposed to go to Portugal last March, but then Covid happened. In the 13 months since, there's been little point in taking off from work for any length of time because I haven't been able to go anywhere. "I can't go anywhere, so I might as well work," has been a popular pandemic refrain (me included).Americans were bad at vacations before Covid. The pandemic certainly hasn't helped our PTO hesitancy.  Consider the following from The Atla...
Tags: Law, America, Portugal, PTO, Blue Ridge Mountains, Jon Hyman, Coronavirus, Mohamed Ajufaan


The top 11 things you need to know about being sued by an (ex) employee

Because of the impending changes to Ohio's workplace discrimination law that take effect in two days, the filing of employment discrimination lawsuits in my state is seeing record numbers. Do you know what to do when an employee sues your company?  Here are the top 4 issues you to think about ASAYS (as soon as you're sued). 1/ Relevant documents should be identified and preserved. Employment lawsuits are not as document-intensive and some other disputes in which businesses are involved...
Tags: Law, Ohio, Don, Johansson, Jon Hyman, Employment Practices Liability Insurance


6th Circuit applies False Claim Act’s anti-retaliation protections to ex-employees

In the history of this blog's 3,603 posts, I've never written about the False Claim Act. If you've been waiting with bated breath for me to fix this omission, today's your lucky day, thanks to United States ex rel. David Felten, M.D., Ph.D. v. William Beaumont Hosp. (6th Cir. 3/31/21). Before diving into the Felten case, let's first take a 61-word peak at the False Claims Act and to what it applies.The False Claims Act is a federal statute that imposes liability on people and companies that def...
Tags: Law, United States, Fca, Medicare, D, Beaumont, Jon Hyman, Felten, David Felten, William Beaumont Hosp 6th Cir, Alison Courtney


Coronavirus Update 4-6-2021: Is work from home not all it’s cracked up to be?

Three weeks ago I returned to the office. That return matched my start date at Wickens Herzer Panza. I decided that it'd be difficult, if not impossible, to learn a new firm and its systems, and build camaraderie and teamwork with my new co-workers, if I'm working remotely. Thus, I made the decision to break free of my self-imposed Covid cocoon and start working most days in person in the office. I thought about this decision as I read this article in the Wall Street Journal: After Covid, Shoul...
Tags: Law, Jon Hyman, John Moe, Wickens Herzer Panza, Keren Fedida


Coronavirus Update 4-5-2021: The Covid lawsuits are coming

Thirteen months into the pandemic, the COVID-related employment lawsuits are starting to roll into courthouses. Consider the following, all of which made headlines over the past couple of weeks. A former crew member who worked for Universal TV is suing his former employer claiming discrimination stemming from his termination after his Covid-19 diagnosis.A Covid-19 long hauler is suing her former employer after she was fired for missing too many days of work while recovering from her illness.A ...
Tags: Law, Universal TV, Jon Hyman, COVID


No foolin': the most meaningful changes to Ohio's employment discrimination law take effect in two weeks

Two weeks from today, H.B. 352 takes effect and brings the most significant changes to Ohio's workplace discrimination statute since its passage decades ago. What are these changes?Creates a universal two-year statute of limitations for all employment discrimination claims. Requires individuals to file an administrative charge with the Ohio Civil Rights Commission as a prerequisite to filing a lawsuit. Unifies the filing of age discrimination claims to the same procedures and remedies as all ...
Tags: Law, Ohio, Jon Hyman, Ohio Civil Rights Commission, NFCC