Why don't discrimination laws protect everyone from abuse?
The Huffington Post asks the following question: Laws Protect Certain Classes from Workplace Abuse: Why Not Everyone? It’s a valid quest...
WIRTW #370 (the “I’m ready for my close-up”) edition
By Jon Hyman
What are you doing at 8 pm tonight? I know what I’m doing. I’ll be watching Stossel on Fox Business Network . I was in New York on Tuesday t...
Beware the email chain of fools
By Jon Hyman
A software engineer rejected for a job by GoDaddy is suing the company for discrimination. Why does he believe that the company discriminate...
Racist comments as protected concerted activity (really!)
By Jon Hyman
Racism at work cannot be tolerated, right? So here’s a quick quiz. Assume you hear a white employee yelling the following at black co-worker...
DOL set to publish guidance on independent-contractor status
By Jon Hyman
Later this morning, I’ll board a flight for New York City to tape a segment for John Stossel’s Fox News show , to air Friday at 8 pm on Fox ...
Defining the three-headed associational disability claim
By Jon Hyman
You likely know that the ADA protects employees from discrimination “because of the known disability of an individual with whom the qualifie...
WIRTW #369 (the “see me, hear me”) edition
By Jon Hyman
It’s been awhile since I’ve updated everyone on when and where you can hear me speak, and I’ve got a bunch coming up in the next few weeks. ...
Transgender rights take center stage
By Jon Hyman
It’s been a big week for the rights of transgender Americans. Caitlyn (née Bruce) Jenner had her coming out party on the cover of Vanity F...
Did the 6th Circuit just guarantee jury trials in off-the-clock wage/hour cases?
By Jon Hyman
One of the most difficult things to do is prove a negative. Yet, this is exactly the problem that employers face when defending wage and h...
#SCOTUS requires employers to stereotype in ruling for EEOC in hijab-accommodation case
By Jon Hyman
Yesterday, the United States Supreme Court ruled that an employer violates Title VII’s religious accommodation requirements if the need for ...
6th Circuit: reasonable belief about unlawful conduct enough for SOX retaliation
By Jon Hyman
It’s hard to imagine that in the eight-plus years I’ve written this blog, there is any area of employment law that on which I have not yet t...
WIRTW #368 (the “let's go Cavs” edition)
By Jon Hyman
It’s t-minus six days until championship fever sweeps the most victory-starved city in America. Let’s go Cavs! A photo posted by Cl...
A lesson on the importance of uniformity in performance standards
By Jon Hyman
Under the ADA, and employer can require all employees, including disabled employees, to meet minimum qualification standards. According to t...
“You’re late again!” “Talk to my lawyer.”
By Jon Hyman
I’m timely to a fault. I hate being late, and go to great lengths to ensure that I am never tardy for anything. I think it’s annoying to tho...
Putting together the puzzle on off-duty emails and overtime
By Jon Hyman
Employers, I can see the writing on the wall, and it’s not looking good for your continued reliance on your non-exempt employees using their...
New poll reveals continued risk in Googling job applicants
By Jon Hyman
According to a recently published Harris Poll , 52 percent of employers use social media to research job candidates. This number is up from ...
Employment Law Blog Carnival: The “Wreck of the Old 97” Edition #ELBC
By Jon Hyman
On September 27, 1903, the Old 97, a Southern Railway mail train running between Washington DC and Atlanta, Georgia, derailed near Danville,...
Some thoughts on arbitration agreements for employees
By Jon Hyman
Recently, the Cuyahoga County Court of Appeals stymied an attempt by an employer to enforce an arbitration agreement against an employee. Th...
“FMLA” is not a magic word
By Jon Hyman
Does an employee have to invoke the letters “F-M-L-A” for an employer to offer it? Or, what if an employer fires an employee who misses work...
WIRTW #367 (the “warped” edition)
By Jon Hyman
In my never-ending quest to retire from law and manage my daughter’s burgeoning music career full-time, I bring you highlights from last wee...
NLRB offers some good news for franchisors, or does it?
By Jon Hyman
We are in the middle of class war in America, and your local fast-food restaurant is ground zero. Workers are fighting for higher wages and ...
NLRB judge strikes down termination based on HIPAA violation
By Jon Hyman
HIPAA. Five letters that strike fear into the heart of anyone that handles employee medical information. That is, anyone except an NLRB judg...
John Oliver tackles paid medical leave
By Jon Hyman
Is it time for America to catch up to the rest of the world and offer paid family leave to our employees? Perhaps the best argument in favor...