EEOC on pregnancy-related limitations and restrictions at work
It’s been nearly a year since the EEOC updated its administrative guidance on pregnancy discrimination to account for the Supreme Court’s...
12 mistakes employers make in paying non-exempt workers
By Jon Hyman
Given that on December 1, 4.2 million exempt workers will transition to non-exempt status , it is timely that the Richmond Times-Dispatch ...
Philip Miscimarra is mad as hell, and you should be too!
By Jon Hyman
NLRB Member Philip Miscimarra is mad as hell about the Board’s current position on employee-handbook policies and protected concerted acti...
6th Circuit says illegal retaliation doesn’t meet threshold for constructive discharge. Wait, what?!
By Jon Hyman
Henry v. Abbott Laboratories (6/10/16) [pdf] is what I would call a curious case, and one that I plan to liberally use any time I’m defen...
WIRTW #416 (the “420”) edition
By Jon Hyman
Earlier this week, Governor Kasich legalized medical marijuana in Ohio . The law takes effect in early September. Ohio becomes the 25th s...
D.C. Office of Human Rights publishes best practices guide for employers on transgender rights
By Jon Hyman
The District of Columbia Office of Human Rights, in connection with the National LGBTQ Task Force, recently published a 19-page best pract...
Are ban-the-box laws actually causing more racial discrimination?
By Jon Hyman
I read with great interest an article on vox.com, entitled, “Ban the box” might just replace one kind of discrimination with another . The...
What you need to know about EEOC’s proposed national-origin-discrimination guidance
By Jon Hyman
I had a post prepared in my brain about the EEOC’s recently published proposed Enforcement Guidance on National Origin Discrimination . An...
A dramatic retelling of an NLRB protected concerted activity decision
By Jon Hyman
Last week, the NLRB decided Dalton Schools, Inc. [pdf] , in which the Board unanimously determined that a private school unlawfully termina...
WIRTW #415 (the “CB + TMR = 😊”) edition
By Jon Hyman
That time you walked into Third Man Records before the Courtney Barnett show and ran into Courtney Barnett. A photo posted by Jon...
You have the right to replace striking workers, right?
By Jon Hyman
Labor unions and the employees they represent have the right to strike. To combat the economic pressure of that labor stoppage, employers ...
7th Circuit surprises by siding with NLRB on arbitration agreements
By Jon Hyman
It’s been two and a half years since the 5th Circuit, in D.R. Horton , rebuked the NLRB’s prohibition on mandatory arbitration clauses. Si...
Why aren’t you training your employees on cyber security?
By Jon Hyman
A recent cyber-security survey conducted by the Ponemon Institute and Experian has some startling results for employers. According to the ...
WIRTW #414 (the “happy 10th” edition)
By Jon Hyman
A very happy 10th birthday to my smart, sassy, wise beyond her years, talented, and beautiful daughter, Norah. I have no idea how this happe...
Beware eldercare-discrimination claims
By Jon Hyman
One of the very first posts I ever wrote on this blog, almost nine years ago to the day, discussed the EEOC’s then-new Enforcement Guidan...
How to behave (and not behave) in a deposition
By Jon Hyman
I spent yesterday in a deposition. That fact is not all that unusual for a litigator. What makes yesterday’s exercise stand out is that I wa...
#SCOTUS extends time limits for constructive discharge claims
By Jon Hyman
Yesterday, in Green v. Brennan [pdf] (background here ), the Supreme Court considered when the statute of limitations begins to run for ...
When must employees be paid for off-the-clock overtime?
By Jon Hyman
Just about a year ago, in Moran v. Al Basit LLC , the 6th Circuit seemed to hold that all an employee needs is his or her own testimony t...
Mom cannot sue employer for discrimination against her son, court says
By Jon Hyman
Brittany Tovar claimed that her employer, Essentia Health, discriminated against her when her employer-sponsored medical insurance denied ...
I scream, you scream, we all scream … for the FLSA’s new salary test
By Jon Hyman
At 3 pm this afternoon, Vice President Joe Biden, Senator Sherrod Brown, and Secretary of Labor Tom Perez will appear at Jeni’s Ice Cream in...