Ohio Employer Law Blog

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Jon Hyman

Emily MacLoud

Latest from Ohio Employer Law Blog

Ohio Employer Law Blog

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

By Jon Hyman

July 23, 2021

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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, 7/20/21 I came across the post written by the former…

Ohio Employer Law Blog

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

By Jon Hyman

July 22, 2021

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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, abdominal issues,…

Ohio Employer Law Blog

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

By Jon Hyman

July 21, 2021

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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…

Ohio Employer Law Blog

When protected concerted activity isn’t protected

By Jon Hyman

July 20, 2021

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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…

Ohio Employer Law Blog

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

By Jon Hyman

July 19, 2021

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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…

Ohio Employer Law Blog

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

By Jon Hyman

July 16, 2021

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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 or…

Ohio Employer Law Blog

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

By Jon Hyman

July 15, 2021

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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,…

Ohio Employer Law Blog

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

By Jon Hyman

July 14, 2021

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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…

Ohio Employer Law Blog

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

By Jon Hyman

July 13, 2021

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“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…

Ohio Employer Law Blog

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

By Jon Hyman

July 12, 2021

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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 non-compete agreements that restrict their…

Ohio Employer Law Blog

Blog Authors

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

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

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

When protected concerted activity isn’t protected

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

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

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

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

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

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

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