WIRTW #300 (the “300th” edition)
Like a Spartan soldier raging into battle against the army of the Persian King Xerxes, I have ripped through 300 of these end-of-week compi...
A Festivus for the rest of us (at work)
By Jon Hyman
Yesterday, Evil Skippy at Work answered a reader’s question about whether an employer can prevent its employees from celebrating Festivus i...
Is social media a valid vehicle for harassment complaints?
By Jon Hyman
A nuclear-medicine technician posted the following three items on her Facebook wall: (At 9:00 am) Sara DeBord loves it when my boss adds a...
If you’re taking an employee’s deposition, don’t charge them for a day off work
By Jon Hyman
Today’s blog post is a multiple-choice quiz. An employee takes a day off work to attend his own deposition, which you are taking in defense...
Medical marijuana and the Americans with Disabilities Act
By Jon Hyman
Bailey v. Real Time Staffing Servs. (6th Cir. 10/29/13) involves an employee fired for a positive random drug test for marijuana. Unknown ...
WIRTW #299 (the “Yuletide confessions” edition)
By Jon Hyman
I have confession to make. I’m a Jew who loves Christmas. I knew it from an early age. We’d leave temple on a December Friday night and swin...
When an extended leave of absence is NOT a reasonable accommodation
By Jon Hyman
Conventional wisdom says that when a sick or injured employee asks for time off, you should grant it within reason . For one, the EEOC says ...
5th Circuit upholds legality of class action arbitration waivers
By Jon Hyman
D.R. Horton v. NLRB [pdf] concerns whether, under the National Labor Relations Act, an employer can enforce against its employees an arbit...
Don’t be a jughead by thinking that white men aren’t a protected class
By Jon Hyman
A group of male employees of Archie Comics filed a gender discrimination lawsuit against their employer. They allege, among other things, th...
Sometimes, employees get what they deserve
By Jon Hyman
At 10:35 Saturday morning, I was stopped at an intersection on my way home from dropping my daughter off at her band rehearsal. From the pas...
It’s a four-peat—ABA Journal again names the Ohio Employer’s Law Blog to its list of the top 100 legal blogs #Blawg100
By Jon Hyman
The list of pro sports teams that have four-peated their respective championships is a short one: New York Yankees Boston Celtics Montre...
Social media background checks as discrimination
By Jon Hyman
I’ve long argued that employers take a risk when they use social media to vet job candidates without putting in place sufficient controls t...
WIRTW #298 (the “thankful” edition)
By Jon Hyman
My daughter’s homework last night was to interview five people about what they are thankful for, and summarize the interviews in a short bo...
Are graduate assistants employees or students?
By Jon Hyman
In Al-Maqablh v. University of Cincinnati College of Medicine (11/5/13) , an Ohio federal court answered the question of whether graduate a...
The email curfew for wage-and-hour compliance
By Jon Hyman
As a company you’re doing everything you can to attract and retain young talent, including implementing a broad BYOD policy enabling your ...
EEOC tackles national-origin discrimination
By Jon Hyman
Have you seen the story about the employee at an Ephrata, Washington, Burger King, fired for posting, “Now Hiring Must Be Mexican” on the s...
When the boss is accused of unlawful acts, respond appropriately #RobFord
By Jon Hyman
My law school alma mater, Case Western Reserve University, is currently embroiled in a nasty lawsuit filed by a professor, who alleges that...
WIRTW #297 (the “Mulhall” edition)
By Jon Hyman
On Wednesday, the Supreme Court heard oral argument in Unite Here Local 355 v. Mulhall . This case will decide (hopefully) whether labor uni...
Does social media change the meaning of “solicitation?” (redux)
By Jon Hyman
Earlier this year, I asked the following question: “Does social media change the meaning of solicitation?” I concluded that absent a contra...
The fluctuating rules for the fluctuating workweek
By Jon Hyman
After yesterday’s jaunt through Bikini Bottom , I’m swinging the blogging pendulum back to more academic pursuits. Today’s lesson: the Fair ...
SpongeBob SquarePants, employment law professor
By Jon Hyman
On a cold, snowy night in the suburbs of Cleveland, what is there to do besides snuggle on the couch with your 5-year-old son to watch the w...
Clothes make the man, and the wage-and-hour lawsuit
By Jon Hyman
Last week the U.S. Supreme Court heard oral argument in its first employment law case of its October 2013 term, Sandifer v. United States S...
WIRTW #296 (the “recap” edition)
By Jon Hyman
This week brought us two big stories, each of which I covered, and each of which are big enough to warrant an wrap-up of posts by some of my...
Senate passes ENDA; historic measure likely to die in the House
By Jon Hyman
From CNN.com : For the first time, the U.S. Senate approved legislation that would protect gay, lesbian and transgender employees from dis...
The risk companies run when bullying goes incognito
By Jon Hyman
By now, you’ve likely read about Miami Dolphins offensive lineman Richie Incognito and the abusive voicemails and text messages he sent to t...
NLRB ALJ upholds workplace ban on recording devices
By Jon Hyman
Two months ago I wrote the following , concerning whether employers should be thinking about implementing bans on employees using recording ...