WIRTW #254 (the “until the end of the world” edition)
Today is December 21, 2012, which, according to the Mayans , is the day the world ends. Or, it’s the day that they simply stopping counting ...
The NLRB’s holiday gift: a Facebook firing decision
By Jon Hyman
Earlier today, I suggested that the appropriate gift on the 5th day of Employment Law Christmas is 5 Facebook firings. Today, the NLRB made...
The 12 Days of Employment Law Christmas
By Jon Hyman
Since the holidays are almost upon us, and the news is a little slow, I thought I’d have a little fun. So I wrote a song. For your listening...
The importance of getting your story straight
By Jon Hyman
Many discrimination cases hinge on the issue of pretext—whether the employer’s proffered non-discriminatory reason was the real reason for t...
Ohio Supreme Court all but eliminates the intentional tort exception to workers’ comp claims
By Jon Hyman
The history of the workplace intentional tort as an exception to the state workers’ compensation system has a long and tortured history in ...
Some thoughts on Sandy Hook
By Jon Hyman
There is nothing to say that can capture the grief and inhumanity we all witnessed last Friday. For what it’s worth, and because these event...
WIRTW #253 (the “words to live by” edition)
By Jon Hyman
The Greenhouse Tavern is my favorite restaurant, anywhere. If you live in Cleveland and have not paid it a visit, do your palate a favor an...
Holiday parties say a lot to about your workplace culture … for good and for bad
By Jon Hyman
Last week I shared my thoughts on avoiding liability during your workplace holiday parties . Among the 7 tips I shared was: Normal work ru...
12 is the magic number: 12 thoughts for your workplace
By Jon Hyman
Today is 12/12/12. The number 12 holds a lot of historical significance. There are 12 tribes of Israel, 12 months in the Gregorian calendar,...
What are right-to-work laws, and should you care?
By Jon Hyman
Michigan is poised to become the 24th state to enact a right-to-work law . These laws prohibit agreements between labor unions and employers...
EEOC rejects staffing company’s “just following orders” defense
By Jon Hyman
The EEOC recently announced that it filed a disability discrimination lawsuit on behalf of an employee fired because of her prosthetic leg. ...
WIRTW #252 (the “eat, drink, and be merry … and safe” edition)
By Jon Hyman
The end of the year is here, which means that it’s time for the office holiday party. Deep from the archives, here are 7 tips for a safe wor...
The Internet is today’s employee complaint box
By Jon Hyman
In Amalgamated Transit Union Local 1433 [pdf] , an NLRB administrative law judge ruled that a union did not violate federal labor law by f...
Officially announcing the release of The Employer Bill of Rights
By Jon Hyman
After a “soft launch” a couple of weeks ago, I am officially announcing the launch of my latest book, The Employer Bill of Rights: A Manager...
Does an unaccepted offer of judgment moot a wage and hour case? Genesis HealthCare Corp. v. Symczyk
By Jon Hyman
Let’s say an employee sues you, claiming that you withheld certain wages owed under the Fair Labor Standards Act. In addition to defending t...
Do you have a workplace policy banning the electronic recording of conversations?
By Jon Hyman
In Jones v. St. Jude Medical Center (6th Cir. 11/8/12) the employee—fired for surreptitiously recording workplace conversations about her ...
WIRTW #251 (the “sphere of influence” edition)
By Jon Hyman
I’ve been at this blogging thing for more than five-and-a-half years. In that time, I’ve had some awesome opportunities come my way as a res...
Certification harassment? 6th Circuit rejects claim under FMLA
By Jon Hyman
Have you ever heard of certification harassment ? Me neither, until I read Smith v. City of Niles [pdf] last week. According to Leddrew ...
Who is a supervisor under Title VII? (Vance v. Ball St. Univ.)
By Jon Hyman
On Monday, the Supreme Court heard oral argument in one of the key employment cases it will hear this term— Vance v. Ball St. Univ. This cas...
It’s a Blawg 100 Three-Peat
By Jon Hyman
Edward James Olmos once said, “ I didn’t get into this business to get awards .” And while that may be true, it certainly is nice to be r...
When is confidential medical information NOT confidential?
By Jon Hyman
The ADA requires that employers treat employee medical information obtained from "medical examinations and inquiries … as a confidentia...
Another reason not to ban social media on company time (hint … it’s the NLRB)
By Jon Hyman
I’ve written before about the practical problems employers face when trying to ban employees from accessing social media at work. Last we...
If you put up with bullies in your workplace, stop (before someone else makes you)
By Jon Hyman
I came across an article on TLNT last week entitled, The 7 Ways Organizations Justify Bullying in The Workplace . According to the article,...