Posts filtered by tags: Jon Hyman[x]


 

Coronavirus Update 7-14-2020: Should employers be testing employees for COVID-19?

Fortune magazine asks: "Why some companies are screening employees for COVID-19, while others have opted out?" This is a legitimate question.  Let's start with the law. Does the law (in this case, the ADA) permit an employer to test employees for COVID-19? Yes, an employer absolutely may administer a COVID-19 test before permitting employees to enter the workplace.  From the EEOC: [E]mployers may take steps to determine if employees entering the workplace have COVID-19 because an indivi...
Tags: Law, Cdc, Ada, EEOC, Jon Hyman, John Hopkins Medicine, COVID


Coronavirus Update 7-13-2020: Hopelessness

Today's post was either going to discuss mandatory temperature checks for employees or reopening schools. Instead, however, today will be a mental health checkup, because mine hasn't been great. The overall hopelessness of our country's battle against coronavirus is starting to get to me. Numbers keep rising. Our President is trying to discredit our top infectious disease doctor. The believed effects of this virus keep getting worse, now with brain damage to worry about. Scientists are star...
Tags: Law, Cuyahoga County, Lowes, Jon Hyman


Coronavirus Update 7-8-2020: A tale of two mask orders

Yesterday, Ohio announced that face coverings will be required at all times when out in public in seven surging counties—Butler, Franklin, Hamilton, Huron, Montgomery, Trumbull, and my county, Cuyahoga. The mandate applies as long as a county remains designated a Red Alert Level 3 Public Health Emergency county per the state's new tiered Public Health Advisory System, and requires facial coverings:  In any outdoor public space when a person is unable to maintain physical separation of not less ...
Tags: Law, Ohio, Cuyahoga County, DeWine, Public Health Emergency, Jon Hyman, Franklin Hamilton Huron Montgomery Trumbull, Red Alert Level, Public Health Advisory System, Cuayhoga County


Coronavirus Update 7-7-2020: Do you know the difference between quarantine and isolation?

During the ongoing COVID-19 pandemic, we've heard the words "quarantine" and "isolation" used a lot. While a thesaurus might list them as synonymous, in this context they are not.  According to the CDC, quarantine keeps someone who might have been exposed to the virus away from others and helps prevent the spread of disease that can occur before a person knows they are sick; isolation separates people who are infected with the virus from people who are not infected. Because these terms se...
Tags: Law, Cdc, Jon Hyman, COVID, Josh Hild


Coronavirus Update 7-6-2020: Telsa fires workers for staying home after giving them permission to stay home … and after they complain about safety

"Carlos, there is no need to feel that you are going to lose your job. If at this time you do not feel comfortable returning to work, you can stay home without penalty and take the time unpaid." That email, sent from Tesla's acting human resources director to a now terminated employee, will be central to that employee's wrongful termination lawsuit pending against the automaker. The employee claims that Tesla retaliated against him because he pressured the company to release information ...
Tags: Law, Tesla, Carlos, OSHA, Jon Hyman, Andreas Dress


Coronavirus Update 7-2-2020: Employee claims his remote-work request got him fired, sues

An employee suffers from high blood pressure and lives with his 81-year-old mother. He's an engineer and began working from home for his employer in mid-March when his state shut down non-essential businesses. His employer, however, remained open, and several weeks later required him to return to in-person work in the office. He refused, requesting continued work from home. The company refused that request and fired him for job abandonment. The employee sued for disability discrimination. T...
Tags: Law, Jon Hyman, Chris Montgomery, Tchankpa, Ascena Retail Group Employers


Coronavirus Update 6–30–2020: CDC now recommends that people wear cloth face coverings in public

Your cloth face covering may protect them. Their cloth face covering may protect you. As COVID-19 cases spike nationwide, and the CDC warns that we have "way too much virus" to control the pandemic, that same agency just released new guidance recommending that people wear cloth face coverings when in public.  The highlights:CDC recommends that people wear cloth face coverings in public settings when around people outside of their household, especially when other social dista...
Tags: Law, Cdc, Ada, Jon Hyman


Coronavirus Update 6–29–2020: Judge hands McDonald’s a whopper of a rebuke for its COVID-19 response

A month ago I reported on a novel lawsuit filed against McDonald's Corporation in which the plaintiffs sought to have the fast-food conglomerate's alleged failure to comply with health guidance and provide PPE to its employees declared a public nuisance. Last week, the judge , concluding that they were likely to succeed on the merits of their claims. In so ruling, he concluded that the company fell short in its obligation to keep safe its employees and its customers. At issue in the cas...
Tags: Law, Cdc, Executive Order, Rudy, Illinois, McDonald, McDonald s Corporation, Jon Hyman, Pixabay, Peter Skitterians


Coronavirus Update 6–26–2020: New music Friday—Norah (en français), and a brand new Old 97’s song @suburbspod #FridayNightHootenanny

Since early May, Norah has spent her Friday nights jamming on the Rockin' the Suburbs podcast's Friday Night Hootenanny. Each Friday at 8 pm, the podcast hosts a virtual jam session via Zoom (sign up here). People can join just to listen or to share a song or two. Each week Norah's been sharing songs from the songbook she's been crafting during quarantine. Last Friday, she played her latest, a song she wrote entirely in French. (Fun facts: Norah has been taking French since kindergarten, she won...
Tags: Law, Puddles Pity Party, Jon Hyman, Norah


Coronavirus Update 6–25–2020: Are employees taking paid leave under the FFCRA? — the results

The results are in from my survey on the prevalence of employee leave under the FFCRA. Of those employers that are covered by the FFCRA: 86 percent have an FFCRA policy59 percent train employees on the FFCRA74 percent have had an employee take leave under the FFRCA While these numbers suggest that employees are using the statute, the training gap troubles me. The fact that many employers aren't training their employees on the FFCRA suggests that there are knowledge gaps that could lead to...
Tags: Law, Austin Texas, Department of Labor, Isaac Smith, Jon Hyman, Avon Indiana, FFCRA, Mexico Human Services Department


Coronavirus Update 6–24–2020: Are employees taking paid leave under the FFCRA?

According to a recent poll conducted by the National Partnership for Women & Families , less than one in five employees have either taken or plan to take paid sick or paid family leave under the FFCRA. Of the 19 percent who has actually taken, or intend to take, paid FFCRA leave: 9 percent say they are using new leave protections for their own illness or isolation. 8 percent say they are using new leave protections due to a family member’s isolation/illness. 7 percent say they are using new le...
Tags: Law, Jon Hyman, National Partnership for Women Families, FFCRA


Coronavirus Update 6–23–2020: Must you accommodate an employee with a high-risk family member?

A bit of personal news: I have requested the opportunity to work from home for the fall semester because of my daughter’s heart condition. I found out this afternoon that it was rejected because it is my child’s condition and not mine.— Jason Helms (@helmstreet) June 17, 2020 One of the questions I have received most from clients during this pandemic comes in some variation of the following: "An employee [does not want to come into work / wants to work from home / wants a leave of absence] bec...
Tags: Law, Ada, EEOC, DOL, Jon Hyman, Jason Helms


Coronavirus Update 6–22–2020: Ohio ends unemployment benefits to employees who refuse to work (with some key exceptions)

The state of Ohio will begin denying unemployment benefits to employees who refuse to work because of coronavirus.  Governor DeWine issued an Executive Order last week directing the Ohio Department of Jobs and Family Services to deny unemployment benefits to employees who refuse to return to work after recall to the same position held before the state's Stay at Home Order took effect. There are, however, five key exceptions that will permit an employee to decline recall and continue to q...
Tags: Law, Ohio, DeWine, Jon Hyman, Ohio Department of Jobs and Family Services, Tonik, COVID


Coronavirus Update 6–19–2020: How to communicate when an employee tests positive

Positive COVID-19 tests are sadly the reality of 2020, and likely at least part of 2021. Nationally, 2.23 million of us have tested positive for coronavirus. If your employees have been fortunate enough so far to avoid the virus, the odds are good that before this pandemic is over one or more of your employees will test positive. Before we discuss the right way to communicate a potential workplace exposure to your employees, let's explore the wrong way, via one of my favorite punching bags, t...
Tags: Facebook, Law, Ada, Jon Hyman, COVID


Coronavirus Update 6–18–2020: Errata—employers cannot require antibody tests of employees, says EEOC

Two months ago I suggested that the EEOC would conclude that employers could require COVID-19 antibody tests as a condition of employment. Yesterday, based on updated guidance from the CDC, the EEOC said the exact opposite. Given the inherent unreliability of COVID-19 antibody tests, I'm happy to have been wrong. According to interim guidance the CDC recently published, COVID-19 antibody test results "should not be used to make decisions about returning persons to the workplace."  Bas...
Tags: Law, Cdc, Ada, EEOC, Jon Hyman, Vincent Ghilione


Does Title VII protect employees whose spouses are pregnant?

A male Disney employee has filed suit against his former employer, claiming that Disney unlawfully discriminated against him because of his wife's pregnancy.  According to Steven Van Soeren's complaint, Disney fired him after he took two weeks of paternity leave following the birth of his child, and after supervisors advised him during his wife's pregnancy on the wisdom of having a child. (As an aside, Van Soeren claims that his supervisors learned of the pregnancy by hacking his computer.)...
Tags: Law, Disney, Clayton County, Gorsuch, Jon Hyman, Trump Administration, Kelly Sikkema, Bostock, Steven van Soeren, Van Soeren


Everything you need to know about Bostock v. Clayton County—the #SCOTUS LGBTQ discrimination decision—in five quotes

June is Pride Month. If you thought the month's biggest LGBTQ news was Nickelodeon tweeting that SpongeBob was part of the LGBTQ+ community, you have another thing coming. Yesterday, in , the United States Supreme Court clearly, decisively, and unequivocally held:   An employer who fires an individual merely for being gay or transgender violates Title VII. The Bostock majority opinion is 33 pages long. I'll break it down for you in five key quotes. 1. "Few facts are needed to appreci...
Tags: Law, Congress, Court, Lgbtq, Nickelodeon, Clayton County, United States Supreme Court, Kavanaugh, Jon Hyman, Spongebob, Bostock, Emily Webster


Coronavirus Update 6–15–2020: COVID-19 is not an excuse for age discrimination

Consider these headlines: Older Workers Grapple With Risk of Getting Covid-19 on the JobOlder Workers Returning to Office Fear Both Virus and Job LossAge, Pregnancy Discrimination Concerns Raised Ahead of Returns to Worksites While there's still a lot we don't know about COVID-19, one of the things we do know for sure is that is much more greatly impacts people age 65 and above.  Indeed, according to the CDC, 80.6 percent of all coronavirus deaths are in that age bracket. These fatality...
Tags: Law, Cdc, Ada, Don, EEOC, ADEA, Jon Hyman, Museums Victoria, Coronavirus, COVID


Coronavirus Update 6–12–2020: sanctimony (and masks) #MaskingForAFriend

Yesterday, I asked a simple question: Do you voluntarily wear a mask or other facial covering when out in public? Thank you to the hundreds upon hundreds who responded. Here are the results: Yes, always: 23.6%Yes, except when I’m socially distant from others outdoors: 48.8%Yes, but only when indoors: 18.6%No, never: 8.9% I'm encouraged that over 91% of my readers report wearing masks or other facial coverings at least some of the time when out in public. Anecdotally, however, I believe t...
Tags: Law, Cambridge, Greenwich, Jon Hyman, COVID


If You’re Asking About Masks, OSHA Only Confuses the Answer

What do you think of masks? Strangely, it seems a loaded question of late.  How masks became a political hot potato is something that historians will debate. Yesterday, Connecticut tried out a new slogan encouraging common-sense use of masks. The new slogan? “If you have to ask, wear a mask”. But that’s not the full story of course. In all of the state’s reopening rules, masks (and face coverings) are a key component — in stores, restaurants, offices, even amusement parks. OSHA has chimed in as ...
Tags: Law, Connecticut, OSHA, Jon Hyman


Coronavirus Update 6–11–2020: OSHA issues guidance on cloth face coverings at work

I continue to struggle with comprehending how masks and facial coverings became one of the key coronavirus issues that's divided our nation. Click here for the latest actual science on the issue of whether masks help stop the spread of COVID-19. (TL;DR: they most certainly do.) OSHA has now waded into the mix by issuing a list of Frequently Asked Questions on cloth face coverings. The highlights?  Are employers required to provide cloth face coverings to workers?No, OSHA does not requir...
Tags: Law, Cdc, Ohio, Centers For Disease Control And Prevention, OSHA, Jon Hyman


Coronavirus Update 6–10–2020: President Trump signs Paycheck Protection Program Flexibility Act of 2020, extending PPP loan forgiveness

The Paycheck Protection Program Flexibility Act of 2020, which President Trump signed into law on June 5, makes several key business-friendly changes to the small business loans made under the CARES Act's Paycheck Protection Program. Specifically, this Act: Extends the "covered period" borrowers have to use PPP loans and qualify for loan forgiveness from the original eight weeks to the earlier of 24 weeks from loan disbursement or December 31, 2020. Extends until December 31, 2020, the CA...
Tags: Law, PPP, Trump, Suzanne, Jon Hyman, Suzanne Lucas, Etienne Girardet


Coronavirus Update 6–9–2020: Northeast Ohio restaurants sue to block reopening guidelines

What is a state's ability to regulate businesses during a pandemic? This question is one that will be answered in a lawsuit filed yesterday by eight local restaurants against Ohio Director of Health Dr. Amy Acton. The lawsuit claims that Ohio's reopening rules and guidelines for restaurants are unconstitutional, vague, and could subject them to liability from patrons if not strictly followed. Not to do the Attorney General's job for him, but let me offer a quick rebuttal to each of these argu...
Tags: Post, Law, Ohio, North Carolina, Northeast Ohio, Acton, Jacobson, Jon Hyman, COVID, Ohio Director of Health Dr Amy Acton, Mass the U S Supreme Court


Coronavirus Update 6–8–2020: “I was terminated for refusing to wear a ‘Trump 2020’ face mask."

Ohio requires that all employees wear face masks or other face coverings as a condition to any business reopening that (subject to a few limited exceptions). The only rules are that the mask cover the employee's nose, mouth, and chin. There are no other requirements about the nature of the mask or face covering, including its design or style. One southern Ohio business, The Village Inn restaurant in Farmersville, is testing the mask-requirement waters by requiring its employees to wear "Trump ...
Tags: Facebook, Law, Obama, Montana, Ohio, Scott, Ohio Supreme Court, Hauser, Farmersville, Jon Hyman, Village Inn, Kunkle, Kris Hauser, Jon Ohio, Q Mark Inc


Coronavirus Update 6–5–2020: Cleveland is not the “butthole of the world"

Earlier this week, Frank Jackson, Cleveland's four-term mayor, said that "Cleveland's perceived to be the butthole of the world." (You can watch here.) The Mayor certainly isn't going win any civic promotional awards for his comment. In an effort to prove that Cleveland isn't the "butthole of the world," let me offer 10 reasons why I love Cleveland, my home town for the past 26 years. 1/ The Cleveland Metroparks—23,700 acres with more than 300 miles of trails spread across 18 different re...
Tags: Law, New York City, US, Tom Hanks, Lake Erie, Cleveland, Michael Symon, Rock Roll Hall of Fame, Cleveland Play House, Cleveland Metroparks, Jon Hyman, Tom Hamilton, Great Lakes Theater, Frank Jackson Cleveland


Coronavirus Update 6–4–2020: Can you force employees who participate in George Floyd protests to quarantine without pay?

Yesterday I discussed the legalities of placing on an unpaid leave of absence employees who engaging in leisure mass gatherings outside of work. What about employees who you discover gathered in mass to protest George Floyd's murder and racial injustice? There are legitimate concerns that the mass protests taking place in cities around the country will cause an acceleration of COVID-19 spread and a spike in cases. Can you place protesting employees on an unpaid leave of absence to quarantine ...
Tags: Law, Colorado, North Dakota, Connecticut, New Mexico, District Of Columbia, Title VII, South Carolina, California New York, Jon Hyman, Pixabay, Bruce Emmerling, George Floyd


Coronavirus Update 6–3–2020: Do “Lake of the Ozarks” employees sent home from work qualify for paid sick leave under the FFCRA?

Last week I discussed how to handle employees who are not social distancing outside of work. My thoughts were spurred by videos of employees partying over the Memorial Day weekend at Lake of the Ozarks and elsewhere around the country. I said the following: I would also place any employee who violated social distancing rules outside of work (whether the information is volunteered on a self-assessment or discovered through a viral video) on a mandatory two-week unpaid leave of absence and requir...
Tags: Law, Shane, Department of Labor, KSDK, Jon Hyman, Lake of Ozarks, Lincoln County Missouri


Coronavirus Update 6–2–2020: Justice Department indicts employee for COVID-19 workplace fraud

In mid-April the FBI warned employers to be on the lookout for fake COVID-19 diagnoses, doctors' notes, and other coronavirus-related documents from employees. The Justice Department has now indicted the first employee for committing this new breed of fraud. The Justice Department provides the details: Santwon Antonio Davis has been charged with defrauding his employer by allegedly faking a positive COVID-19 medical excuse letter, causing the employer to stop business and sanitize the wo...
Tags: Jon Hyman


Coronavirus Update 5-29-2020: Friday olio — an A+ set of reopening guidelines, a webinar, and a playlist

A few shares for your Friday.  First, on Wednesday the CDC published sweeping recommendations for reopening office buildings. According to the CDC, employers should, among other COVID-19 changes, take employee temperatures and check their symptoms upon arrival, space desks six feet apart or install shields between them, bar seating in common areas, and mandate face coverings. The CDC is also recommending updates to HVAC systems and abolishing communal perks like coffee pots and bulk snacks.  ...
Tags: Law, Cdc, Perkins, NLRA, OSHA, Jon Hyman, Suzanne Lucas, Perkins Will, Road Map, Amazingly Perkins Will


Coronavirus Update 5-28-2020: Is your business ready for the COVID-19 golden age of union organizing?

Among the many lessons we will learn from the COVID-19 pandemic is its demonstration of the importance of union membership for essential workers.Of all the injustices exposed by the pandemic, the risks faced by non-union workers have become the most apparent. Non-union workers are being asked to risk their safety with little or no protections of their own.Gary Perinar (executive secretary-treasurer of the Chicago Regional Council of Carpenters), The importance of unions is more obvious than eve...
Tags: Amazon, Facebook, Law, Union, SEIU, Teamsters, Gallup, Chicago Sun Times, Richard Berman, UFCW, Jon Hyman, Center for Union Facts, Gary Perinar, Chicago Regional Council of Carpenters