What I'm reading this week #33
The Delaware Employment Law Blog has been posting at a voracious clip. My favorite post of theirs from this week is The 5 Medical Conditions...
Archive: May 2008
Carnival of HR #34 is available
By Jon Hyman
Michael Moore's Pennsylvania Labor & Employment Blog is hosting this fortnight's Carnival of HR, the 34th edition, which is now...
Ohio legislature considers permitting weapons in cars
By Jon Hyman
Yesterday, the Ohio House passed a bill that would allow legal gun owners to carry their weapon in a car. Today's Cleveland Plain Deale...
Is it possible that one-fifth of companies violate the FMLA?
By Jon Hyman
If you believe a headline from yesterday's Cleveland Plain Dealer, 20% of employers violate the FMLA . Or, at least that is what a recen...
Supreme Court issues 2 decisions expanding scope of retaliation claims
By Jon Hyman
Last December, I asked the question, " How far to the right has the Supreme Court swung? " This morning, the U.S. Supreme Court is...
Ohio Supreme Court permits 3rd party discovery by employers in OCRC investigations
By Jon Hyman
Often times, companies have to respond to administrative discrimination complaints in a vacuum. They have a vague understanding of the alleg...
What I'm reading this week #32
By Jon Hyman
The post of the week is from HR World, and comes in anticipation of next week's season finale of the best show on TV, Lost : 10 Things E...
Court rules that employee's cancer not sufficiently limiting for ADA protection
By Jon Hyman
Employers often struggle with leaves of absence. The FMLA only requires 12 weeks of unpaid leave for a serious health condition. If, however...
President signs GINA - genetic information discrimination now unlawful
By Jon Hyman
As expected, this afternoon President Bush signed the Genetic Information Nondiscrimination Act ("GINA") into law. GINA adds ...
Interracial Association Discrimination found unlawful
By Jon Hyman
Associational discrimination has become a hot employment law topic. The ADA expressly authorizes claims based on one's association to a ...
How to apply new email soliciation rules
By Jon Hyman
Late last year, the NLRB issued its decision in Register-Guard , which determined that an employer can lawfully prohibit union-related use o...
Another take on second-hand harassment
By Jon Hyman
Remember Reeves v. C.H. Robinson Worldwide from a few weeks ago. It allowed a plaintiff to proceed with a sexual harassment claim even thou...
In responding to harassment complaint, prompt means prompt
By Jon Hyman
In Bailey v. USF Holland , the 6th Circuit had occasion to examine whether the employer's response to two African-American employees...
What I'm reading this week #31
By Jon Hyman
In my absence last week, I completely missed my blogiversary. It's been a little over a year now since I launched the Ohio Employer'...
Do your policies cover electronic message boards
By Jon Hyman
The National Law Journal reports that "message boards in the workplace could be a troublesome new source of liability for employers....
Is mommy bias real?
By Jon Hyman
The Cincinnati Enquirer writes that "anti-mommy bias persists. There's an assumption that once a woman becomes a mother, she won...
Carnival of HR is available
By Jon Hyman
The Career Encouragement Blog has posted this week's Carnival of HR. Please take a few minutes out of your day to peruse the best of th...
Cat fight on aisle 6: court leaves open the possibility that a handbook can create a contract
By Jon Hyman
In White v. Fabiniak , Wal-Mart fired Carla White for threatening to "slap the piss" out of a co-worker, Stephanie Jeppe. Prior to...
Overtime not required for time not actually worked
By Jon Hyman
One article that caught my eye last week while I was out was a piece by Tracy Coenen, on her Fraud Files Blog , about a scam that was uncove...
What else I'm reading this week #30
By Jon Hyman
After an exciting week in Tulsa, Oklahoma, I have returned. I hope everyone enjoyed some of the hits from the archives I ran last week in my...
Best of -- Lessons from Childrens' Lit
By Jon Hyman
"Farmer Brown has a problem. His cows like to type. " So starts Click Clack Moo, Cows That Type , one of my soon to be two year o...
Best of -- Use a wage and hour audit to proactively head off claims
By Jon Hyman
" Wage Wars: Workers are Winning Huge Overtime Lawsuits ," graces the cover of this week's BusinessWeek magazine. It should...
Best of -- Document, document, document
By Jon Hyman
As the record reflects, there was a myriad of problems with Plaintiff's job performance and treatment of his subordinates that justified...
Best of -- A Whopper of a Sex Harassment Claim
By Jon Hyman
One of the surest ways for a company to guard against harassment lawsuits is to have in place a reasonable mechanism by which a victim of ha...
Best of -- Sixth Circuit confirms that it will not second-guess an employer's honest belief
By Jon Hyman
The following two Sixth Circuit decisions make it clear that pretext for discrimination or retaliation does not exist if the employer engage...
The softer side of employment law
By Jon Hyman
Ellis v. United Parcel Service , decided this week by the 7th Circuit, is legally interesting in its dealing with the issues of interracial ...
Lawsuit illustrates potential problems with employee testing
By Jon Hyman
Today's Jackson (Tennessee) Sun is reporting that Kilgore Flares Co., a Tennessee defense weaponry manufacturer, has been hit with a cl...