WIRTW #56
The Employee Free Choice Act remains the hot labor and employment law topic. The stat of the week comes courtesy of the Delaware Employmen...
8 common employee handbook mistakes, and how to avoid them
By Jon Hyman
HR Legal News provides a list of its top common mistakes in employee handbooks. The following discusses some of the list, offers some tips ...
“Laying the smackdown” is not an adverse employment action
By Jon Hyman
An adverse employment action in a discrimination case is an action by an employer that effects a significant change in one’s employment stat...
Do you know? Preservation of personnel files
By Jon Hyman
Do you know? In Ohio, employers should preserve personnel files for six years after an employee leaves an organization. Under Ohio Revised ...
Risks abound for businesses considering unpaid time off to save costs
By Jon Hyman
Workforce Management and SlashGear both report that Dell is encouraging its employees to take an unpaid week off as a means to cut costs a...
WIRTW #55
By Jon Hyman
It only seems fitting to begin this week with a small roundup of some of the blog posts I’ve tagged about the election: Pennsylvania La...
Religious accommodation for prayer becomes hot issue
By Jon Hyman
As I've written before, Title VII requires employers to reasonably accommodate an employee whose sincerely held religious belief, practi...
President Obama
By Jon Hyman
A lot of ink has been spilled already, with tons more to come, about just how truly historic last night was. Given our country’s history, on...
Do you know? The Pregnancy Discrimination Act at 30
By Jon Hyman
Do you know? The Pregnancy Discrimination Act turned 30 years old last week. The PDA outlawed employment discrimination on the basis of “pre...
Court sanctions employee for perjury
By Jon Hyman
I can’t tell you how many times I’ve had a client ask me, “I thought perjury is illegal. How can she lie during her deposition like that?” W...
WIRTW #54
By Jon Hyman
As I celebrate the Phillies first World Series title in 28 years, and Philly’s first title in any of the major sports in 25 years (believe i...
More on smoking as a disability
By Jon Hyman
In commenting on my post on workplace smoking bans from earlier this week, Michael Moore at the Pennsylvania Employment Law Blog suggests ...
New FMLA regulations are on their way
By Jon Hyman
On October 20, the Department of Labor forwarded its final draft of new Family and Medical Leave Act regulations to the Office of Management...
Do you know? Time off to vote on election day
By Jon Hyman
Do you know? Ohio law requires that employers provide all employees a reasonable amount of time off to vote on election day. According to O....
Are there legal risks with smoking bans?
By Jon Hyman
I had the privilege of speaking last week at the COSE 2008 Small Business Conference . I received a question on the legality of workplace po...
WIRTW #53
By Jon Hyman
In honor of my beloved Phillies first World Series appearance in 25 years, I’m starting this week’s roster with a couple of sports-related p...
Is administrative exhaustion a statutory or jurisdictional requirement?
By Jon Hyman
It is axiomatic that a plaintiff must file a charge with the EEOC before filing a complaint alleging discrimination in federal court, and th...
Cost cutting does not necessarily equate to age discrimination
By Jon Hyman
Layoffs have become all the rage. Just yesterday, one of Cleveland’s larger employers, National City Bank, announced that it will be cutting...
A labor & employment civics lesson
By Jon Hyman
Today brings us two interesting posts detailing employment law issues to consider on election day. Michael Moore at the Pennsylvania Labor ...
Do you know? Ohio’s wage payment statute
By Jon Hyman
Do you know? Ohio has a specific law that details how companies are to pay their employees. O.R.C. 4113.15 provides, in relevant part: ...
Comment about employee’s job security leads to reversal of summary judgment in FMLA retaliation case
By Jon Hyman
A maintenance technician with a history of back problems suffers from unpredictable episodes of back pain that temporarily rendered him unab...
WIRTW #52
By Jon Hyman
Happy 1-year anniversary to my first attempt at a weekly column, What I'm Reading This Week . Thanks to all of my fellow bloggers who ha...
Old news is bad news for businesses: Labor & Employment cases remain most popular targets
By Jon Hyman
Fulbright & Jaworski has published its annual report on litigation trends , and the news is scary for American businesses. Labor and emp...
Think before you e-mail
By Jon Hyman
E-mail is a dangerous thing. It's impulsive, it's hard to get rid of, and when you get rid of it judges use nasty words like spoliat...
Do you know? Breastfeeding at work
By Jon Hyman
Today, I start what will become a weekly feature, which I am calling, “Do you know?” I have a lot of different sources from where I get idea...
Spurned employee loses retaliation lawsuit for lack of protected activity
By Jon Hyman
Alshafi Tate cleaned offices for Executive Management Services. He also had a year-long sexual relationship with his supervisor, Dawn Burba...
WIRTW #51
By Jon Hyman
It's impossible to escape news about the economy. The Connecticut Employment Law Blog lists 5 laws employers should be thinking about i...
Supreme Court hears oral argument in Crawford v. Nashville - asks whether participating in an investigation equal protected activity
By Jon Hyman
The Supreme Court started its term this week, and wasted no time hearing its first employment case. Yesterday it heard oral argument in Craw...
A call for the reform of ballot measures
By Jon Hyman
It's so nice when labor and business gets together to make a common sense decision for the betterment of all. Last month, Ohio's lab...
Determining the 12-month period for FMLA leave
By Jon Hyman
The FMLA allows eligible employees to take 12 weeks of unpaid leave during any 12-month period. Don't assume, however, that the FMLA...