WIRTW #278 (the “carnival barker” edition)
This coming Wednesday, I’m hosting the Employment Law Blog Carnival. For the uninitiated, a blog carnival a collection of submitted links ar...
Cancer as a protected disability
By Jon Hyman
The Am Law Daily reports that the former CFO of Proskauer Rose is claiming that the international law firm violated the Americans with Disa...
Can you ban foreign languages in the workplace? English-only policies.
By Jon Hyman
USA Today reports that Whole Foods has suspended two employees for allegedly speaking Spanish to each other on the job. For its part, Whole...
What do you do when an employee refuses to complain?
By Jon Hyman
Do you know what to do if you believe an employee was sexually harassed, but refuses to provide any details or other information? Do you hav...
NLRB judge strikes down Red Cross employee confidentiality policy
By Jon Hyman
A couple of months ago, I suggested that there was hope for a friendship between the NLRB and me, following the Board’s pronouncement that m...
WIRTW #277 (the “come on down” edition)
By Jon Hyman
Some of my fondest memories as a child were watching The Price is Right with my Grandmom Annie on the TV in her basement. We’d watch Family ...
Your employees are BYODing, whether you like it or not
By Jon Hyman
According to a survey released yesterday by the Pew Internet & American Life Project , 61 percent of Americans own a smartphone. Employe...
Controlling the comparative can control the discrimination case
By Jon Hyman
One of the key analyses in any discrimination lawsuit is whether the plaintiff is “similarly situated” to those whom he or she claims the em...
Facebook posts as evidence of retaliation
By Jon Hyman
I’ve written before about the dangers of employers accessing employee’s social media accounts without appropriate controls in place. One of...
Lactation discrimination = pregnancy discrimination
By Jon Hyman
Last February I reported on EEOC v. Houston Funding , in which a Texas district court held that an employee, fired after asking to pump brea...
WIRTW #276 (the “HR in strange places” edition)
By Jon Hyman
Recently, an employee, described as an organization’s “most difficult,” received a scathing performance review. Among his faults detailed i...
Is your wellness program discriminatory?
By Jon Hyman
It is no secret that health care costs for employers and their employees are out of control in this country. Many employers have attempted t...
(an)G(el)INA
By Jon Hyman
The Earth stopped rotating on its axis earlier this month when Angelina Jolie announced that she is undergoing a voluntary double mastectomy...
There are no magic words to invoke the FMLA
By Jon Hyman
The Family and Medical Leave Act does not require an employee to use the word “FMLA” to request leave under, and invoke the protections of, ...
“Fire me. … Make my day” does not equal protected concerted activity (thank god)
By Jon Hyman
The Rolling Stones famously sang, “ You can’t always get what you want .” One employee recently got exactly what she wanted (and needed) fro...
WIRTW #275 (the “reality bites” edition)
By Jon Hyman
Last night, Fox debuted its new reality show, Does Someone Have To Go? , which Entertainment Weekly bills as Survivor meets The Office . H...
When state law conflicts with the EEOC on criminal background checks, who wins?
By Jon Hyman
Last year, the EEOC issued its long awaited Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisi...
Email surveillance as evidence of retaliation
By Jon Hyman
Employees should not operate under any false ideas that they enjoy an expectation of privacy in their work email accounts . Just because an ...
Social media is the digital water cooler
By Jon Hyman
Let’s say your business is located in a less-than-desirable neighborhood. Three of your employees engage in the following conversation on th...
Fired for suing an ex-employer? Court rejects public policy claim
By Jon Hyman
Carcorp hired Barry Elam to work in its finance department. A few months into his employment with Carcorp, Elam sued his prior employer, Bob...
WIRTW #274 (the “Dunder Mifflin” edition)
By Jon Hyman
Last night brought us the final episode of what may be the greatest ever satire of the American workplace—The Office. Seinfeld, that is how...
Patriots cutting of diabetic player raises serious ADA issues
By Jon Hyman
The New England Patriots recently cut defensive tackle Kyle Love. This news is not worthy of consideration on an employment law blog until I...