Under the ADA, an employer is prohibited from making disability-related inquiries and requiring medical examinations of employees unless if...

A couple of weeks ago, the American Bar Association and the Department of Labor’s Wage and Hour Division announced an unprecedented collabor...

Because Ohio employees working without a contract are at-will, an employer does not need a reason—good, bad, or otherwise—for termination. Y...

The facts that led to the severance agreement in Gascho v. Scheurer Hosp. (6th Cir. 11/19/10) [pdf] are what make employment law an intere...

The typical retaliation scenario involves an employer firing an employee who complained about discrimination or engaged in some other protec...

The FMLA covers a lot of family emergencies. Death, however, is not one of them. There is no situation in which the FMLA, on its face, provi...

Last week, I wrote about problems in enforcing non-disparagement clauses in separation agreements . It got me to thinking—what other clauses...

Six months ago, I wrote about the Department of Labor’s Wage & Hour Division’s launch of a one-stop web portal, We Can Help . Its state...

I believe that litigation is the worst possible way to settle disputes. This may come as a shock, considering that I am a litigator and tria...

The purpose of a litigation hold is to stop the destruction of potentially relevant or discoverable documents and information pursuant to a ...

The EEOC has sued a Pennsylvania-based nonprofit, claiming that its termination of a severely obese employee violated the ADA . Traditionall...

There are not (yet) many cases dealing with the discovery of litigants’ social networking information. Thus, whenever a court addresses the...

The typical sexual harassment case involves a man harassing a woman. Harassment, however, isn’t limited to just man-on-woman. The umbrella o...

We are now nine years post-9/11. To say that relations between Americans and Muslim-Americans are poor is an understatement. Our country has...

In Branham v. Gannett Satellite Information (9/2/10) [pdf] , the Sixth Circuit faced the issue of whether a negative medical certification ...

While my practice is heavily slanted towards the representation of management in employment disputes, from time to time I represent employee...

Yesterday, I noted that employees often feign ignorance of employee handbooks . Here’s a textbook example. In Steadman v. Sterilite Corp. ...

Suppose an employee suffers from sleep apnea, which keeps the employee awake for periods of time at night. In fact, the employee’s nighttime...

I’ve been taking and defending more depositions than usual lately, and, naturally, I’ve been thinking a lot about the art of the deposition....

So often we get bogged down in the minutia of an employment law issue or a specific case. I thought that today, we’d take a step back and fo...