WIRTW #337 (the “page limit” edition)
When you were in school, did you ever fudge the margins, or the font, or the line-spacing to fit your term paper within the confines of a te...
The best defense to a discrimination claim is…
By Jon Hyman
Wilson v. Chipotle Mexican Grille (6th Cir. 9/17/15) [pdf] is an unusual or distinct case, yet it teaches employers an important lesson abo...
Psych. Claims: Not the Dead Bang Loser You May Think
By Jon Hyman
One of the benefits of my new firm is that it exposes me to new practice areas. Case-in-point, workers’ comp, which I could not previously o...
Confirm, but don’t fish, when seeking return-to-work medical info under the ADA
By Jon Hyman
The EEOC has sued Minnesota-based Cummins Power Generation for requiring an employee to submit to an alleged overly broad fitness-for-duty e...
Cutetallica — 4 lessons in talent management
By Jon Hyman
Those of you who’ve been reading for awhile know that my 8-year-old daughter plays in a rock band. “Band” might be too ambitious of a term. ...
WIRTW #336 (the “tinder-box” edition)
By Jon Hyman
If you’re a start-up in the business of selling online dating through an iPhone app, its probably best that one of your executives not be ac...
Do your BYOD employees understand the remote-wipe?
By Jon Hyman
My kids are growing up. For example, we’ve now graduated from me having to wake them up in the morning for school and helping my son get dre...
We are always being watched—Ray Rice and workplace investigations
By Jon Hyman
On Monday, the NFL indefinitely suspended, and the Baltimore Ravens terminated the contract of, Ray Rice after TMZ published security camer...
Protected activity doesn’t protect against poor performance
By Jon Hyman
Yesterday brought us two different 6th Circuit cases upholding dismissals of lawsuits in which the employees alleged that their terminations...
Is this the end of the independent contractor as we know it?
By Jon Hyman
In Alexander v. FedEx Ground Package Sys. (8/27/14) , the 9th Circuit Court of Appeals concluded that FedEx’s delivery drivers are employee...
WIRTW #335 (the “Cutetallica” edition)
By Jon Hyman
“What is Cutetallica ”, you ask? It’s my daughter’s latest School of Rock band (earlier, here and here ). What else could it be? If you’r...
6th Circuit agrees to re-hear telecommuting accommodation case
By Jon Hyman
In April, the 6th Circuit issued a decision that recognized telecommuting as a possible reasonable accommodation under the ADA. Work-life b...
“Wage Theft” is a fraud (or at least a misnomer)
By Jon Hyman
Forgive them, for they know not what they do. Over on LinkedIn, my friend (and author-extraordinaire of the Connecticut Employment Law Blo...
Ohio Supreme Court punts on individual discrimination liability … for now
By Jon Hyman
Earlier this summer, I reported on Hauser v. City of Dayton , which I hoped would answer the question of whether Ohio’s employment discrimin...
WIRTW #334 (the “these go to 11” edition)
By Jon Hyman
Today is my 11th anniversary. I love my wife. That is all. Here’s the rest of what I read this week: Discrimination Gee Whiz! Sexual Har...
What does the ADA have to say about employer inquires about prescription drugs
By Jon Hyman
Employers with employees working in safety-sensitive positions have an obligation to ensure that their employees are not impaired while enga...
Hear what I had to say on @WCPN about #BanTheBox
By Jon Hyman
Yesterday, WCPN’s The Sound of Ideas was kind enough to invite me to speak about criminal background checks in employment and the “Ban the ...
Facebook firing causes unfair labor practice double play for NLRB
By Jon Hyman
In Triple Play Sports Bar & Grille [pdf] , the NLRB unanimously concluded that an employer unlawfully fired two employees for their off...
Listen to me on WCPN tomorrow morning (8/26) from 9–10, discussing “Ban the Box”
By Jon Hyman
If you’re near a radio tomorrow morning from 9 – 10, tune to 90.3 FM, WCPN, to hear me on The Sound of Ideas . The topic of the day is “Ban...
The difference between alcoholism and drunk under the ADA
By Jon Hyman
A few months ago, I had to fly to Houston for a hearing. After the flight took off, I witnessed the most impressive bit of alcohol consumpti...
WIRTW #333 (the “firsts” edition)
By Jon Hyman
Big week of firsts for the Hyman family. First week at a new job for me . First week of third grade for Norah. And, it was the first day of ...
Cop loses big ADA verdict on a finding of no disability
By Jon Hyman
When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, ...
When the cat’s paw strikes retaliation
By Jon Hyman
What happens when a decision-maker acts with an innocent motive, but unwittingly carries out the retaliatory motive of a subordinate? Does t...
Even the lone wolf can establish protected concerted activity with today’s NLRB
By Jon Hyman
In Fresh & Easy Neighborhood Market (8/11/14) [pdf] , the NLRB held that an employee engaged in protected concerted activity merely by ...
Announcing a new beginning at Meyers Roman
By Jon Hyman
And to make an end is to make a beginning. ― T.S. Eliot According to my blogging service, this is my 2,000th post. While this milestone ...