WIRTW #110
While the tragedy in Haiti has pushed Jay and Conan off the front page, NBC’s late night debacle continues to be one of the week’s biggest s...
Bills seeks to prohibit use of credit information in employment
By Jon Hyman
Ohio House Bill 340 seeks to make it unlawful for an employer to discriminate on the basis of credit history. If enacted, it would amend Oh...
To taking the high road and not burning bridges…
By Jon Hyman
Conan O’Brien has every right to flat out pissed at NBC. They kept him tethered to his 12:35 a.m. slot for five years by promising him The T...
Do you know? Bankruptcy discrimination
By Jon Hyman
The economy will continue to dominate the headlines in 2010. And, as the economy continues to struggle to rebound, it is likely that your bu...
Something wicked this way comes – Congress’s 2010 employment law agenda
By Jon Hyman
If political pundits are to be believed, the Democrats’ super-majority will go the way of the dodo in November’s mid-term elections. Without...
WIRTW #109
By Jon Hyman
Because of how the holidays fell this year, it’s been a few weeks since I’ve been able to recap what else is happening in the L&E Blawgo...
A termination is not always a termination when the FMLA is involved
By Jon Hyman
On December 5, 2002, James Randolph suffered a severe episode of depression, blacked out, and failed to report for work. Because December 5 ...
Repeat after me – Don’t bring guns to work
By Jon Hyman
Driving into work this morning, I listened to a legitimate debate over whether the NBA should suspend Gilbert Arenas and his teammate, Jav...
Do you know? An employee’s (lack of) right to representation at an investigatory interviews or disciplinary meeting
By Jon Hyman
Yesterday I discussed the illegality of firing an at-will employee for consulting with an attorney . Despite an employee’s right to talk to ...
Lessons from (a) Leach – retaliation for talking to an attorney is a no-no
By Jon Hyman
One of big stories that broke while I was off last week was the firing of Texas Tech head football coach Mike Leach. The university initiall...
Top 10 Labor & Employment Law Stories of 2009: Numbers 2 and 1
By Jon Hyman
2. The Economy. This past year brought us the worst recession this country has seen in nearly 80 years. It should not surprise anyone that...
Top 10 Labor & Employment Law Stories of 2009: Numbers 4 and 3
By Jon Hyman
4. The Swine Flu. Apart from the economy, no story dominated the headlines more in 2009 than H1N1. Because employees get sick, and need to...
Top 10 Labor & Employment Law Stories of 2009: Numbers 6 and 5
By Jon Hyman
6. The U.S. Supreme Court’s Pro-Employee decisions. 2009 brought us two important pro-employee Supreme Court decisions. In Crawford v. Me...
Top 10 Labor & Employment Law Stories of 2009: Numbers 8 and 7
By Jon Hyman
8. Associational Retaliation. In Thompson v. North Am. Stainless , the 6th Circuit reversed itself and held that retaliation is only actio...
Top 10 Labor & Employment Law Stories of 2009: Numbers 10 and 9
By Jon Hyman
Today, I continue a tradition that I started last year – using the week between Christmas and New Year’s to count down the top 10 Labor ...
Expansion and extension of COBRA subsidy
By Jon Hyman
President Obama has enacted legislation that both expands and extends the original federal COBRA subsidy created by the American Recovery an...
Do you know? 10 tips for drafting a workplace electronic communications policy
By Jon Hyman
Does your business have an electronic communications policy? Last week, Bowman v. Butler Township provided a gentle reminder of why your bu...
Honest belief wins out over dishonest conduct in FMLA retaliation case
By Jon Hyman
The facts of Weimer v. Honda of Am. (6th Cir. 12/14/09) [pdf] are straight forward. James Weimer requested FMLA leave from Honda after inj...
WIRTW #108
By Jon Hyman
The big news of the week is the U.S. Supreme Court’s decision to hear the appeal in Quon v. Arch Wireless . The issue in that case is whethe...
AT&T sued for a BILLION dollars in a wage and hour dispute
By Jon Hyman
MSNBC reports that multiple class actions have been filed against AT&T claiming that it misclassified as exempt all of its first-level ...
How to properly terminate an at-risk employee
By Jon Hyman
Employees often believe that an employee’s exercise of a protected right acts as a shield to protect the employee from termination. And ofte...
Why you need a workplace technology policy
By Jon Hyman
While doing some routine maintenance of its computer system, Butler Township discovered that members of its fire department – including part...
Do you know? Recertification of FMLA leave
By Jon Hyman
Asking an employee taking leave under the FMLA to recertify the need for the leave is a powerful tool employers can use to curb FMLA abuse. ...
Truck drivers with positive drug tests should not file lawsuits … period.
By Jon Hyman
Consider these facts: A city garbage truck driver is injured on the job. When he goes to the ER for treatment, a blood test reveals...
WIRTW #107
By Jon Hyman
Tiger Woods Tiger Drives Home a Lesson: Be Careful with Voice Mails – via Mindy Chapman’s Case in Point. And In...
Ethics vs. Law: discrimination on the basis of political beliefs
By Jon Hyman
Interesting article by the New York Times ’s resident ethicist, Randy Cohen (from the 12/6/09 Sunday Magazine) on whether a company can ethi...
Department of Labor, and its Wage and Hour Division, set 2010 regulatory agenda
By Jon Hyman
This week, the Department of Labor is hosting a series of live chats through its website. The goal is to outline and discuss the DOL’s regul...
Do you know? Employee witness statements
By Jon Hyman
Last week I discussed opposing counsel’s ability to interview your company’s current and former employees , even during active litigation. T...
Golfer tests limits of ADA and performance enhancing drugs
By Jon Hyman
Last month, Doug Barron became the first golfer suspended by the PGA for failing a drug test. Shortly thereafter, he sued the PGA, claiming ...