Tuesday, September 9, 2025
SCOTUS just green-lit racial profiling. This is bad. Really, really bad.
The Supreme Court just gave ICE the constitutional thumbs-up to profile people based on race, national origin, language, job, or where they happen to be.
A lower court had blocked ICE from detaining people by relying on appearance, accent, or occupation as a proxy for immigration status. On appeal, the Supreme Court, through a shadow-docket order, lifted that injunction. In plain English, ICE can once again use these factors to decide whom to stop, question, and detain.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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What would you do if ICE showed up at your door?
Last Thursday, nearly 500 federal, state, and local officers descended on Hyundai's under-construction EV battery plant. By the end of the day, 475 workers—most of them Korean nationals—were in custody.
The raid was massive: roadblocks, a boat fishing people out of a sewage pond, workers hiding in air ducts. Agents asked every worker for identifying information before clearing some to leave and detaining the rest. It was the largest single-site enforcement action in Homeland Security history.
Hyundai has said that some arrested were not its direct employees but contractors or subcontractors. Still, construction of the $5.5 billion facility is now halted. South Korea dispatched diplomats. Lawsuits will almost certainly follow.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, September 5, 2025
WIRTW #771: the 'americana' edition
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, September 4, 2025
Does the NLRA protect the lone-wolf complainer?
When does the National Labor Relations Act protect as "concerted" the workplace complaints of a "lone wolf"? More often than you think.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, September 3, 2025
Waxing philosophical: workplace speech vs. anti-discrimination law
Federal anti-discrimination laws protect people, not the content of their speech. Amy Wax, a Penn law professor (who, frankly, should have known better) just learned this lesson the hard way.
- Insinuating that Black people are inherently inferior to whites.
- Asserting the U.S. would be "better off with more whites and fewer nonwhites."
- Telling a Black colleague it's "rational to be afraid of Black men in elevators."
- Dismissing interracial marriage as misguiding advertising.
- Commenting on a podcast that Black women are "single moms with a bunch of guys who float in and out."
- Saying same-sex relationships are selfish and not about community or family.
- Claiming the country is better off with "fewer Asians" and describing them as resentful and envious of Western achievements.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 29, 2025
WIRTW #770: the 'season 4' edition
Norah and I chat about our summer, which included a trip to Boston + a trip to Peniche, and her getting settled in for her sophomore year away at college. It also included some unwanted visitors getting to know Norah a little too well (which you can hear all about in the clip below).
As an aside, we had a great summer having Norah home. It is different having an adult-aged child, and I genuinely enjoyed getting to know my daughter as an adult and developing a different type of relationship with her. 10/10. Highly recommended.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 27, 2025
Marijuana legalization ≠ job protection
In Flannery v. Peco Foods, the 8th Circuit just provided a sharp reminder of how far the gap can be between what's "legal" for individuals and what's protected in the workplace.Flannery was fired after a drug test showed THC in his system. He said it came from CBD oil, pointed to the company handbook, and argued his levels were under the listed threshold. None of it mattered. He worked in an at-will employment state, and the court said plainly: employers can terminate "for good cause, no cause, or even a morally wrong cause."
That same lesson applies in Ohio, even after the state legalized recreational marijuana use last year and medical marijuana five years earlier.
Here's what Ohio law says about marijuana and employment:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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