Time off for religious holidays
Today is Rosh Hashanah, the Jewish New Year. As it falls during the work week, many Jews (including yours truly) are taking the day off. The...
Archive: September 2008
D.C. Court rules in favor of transgendered job applicant
By Jon Hyman
Four years ago, the 6th Circuit handed down a landmark decision in Smith v. Salem . In Smith , the Court reversed the district court's d...
WIRTW #49
By Jon Hyman
It's been a fairly light week, but I still have a few gems to pass along from my fellow bloggers: The HR Capitalist writes on the ban...
BREAKING NEWS: President Bush signs the ADA Amendments Act
By Jon Hyman
While the Wall Street bailout/rescue plan has the White House preoccupied, President Bush did find time today to sign the ADA Amendments Act...
Discrimination verdicts rise 70% in one year
By Jon Hyman
Earlier this week I reported that fewer plaintiffs are winning their federal employment cases . Another study, however, suggests that those ...
A prediction on how Ohio state courts handle the ADA Amendments Act
By Jon Hyman
It's been fairly well reported, here and elsewhere , that Congress has passed the ADA Amendments Act, and once President Bush signs it,...
A rant about forms
By Jon Hyman
Employment forms are not difficult to find. They are all over the internet. There are form handbooks, form employment applications, form har...
'Tis better to be in federal court after all
By Jon Hyman
I don't think I'm giving away any state secrets of the defense bar by saying that all told, employers would much rather be in federa...
WIRTW #48
By Jon Hyman
The news cycle this month has certainly been interesting. I can't recall when 3 huge stories dominated in such rapid succession. We star...
A primer on intermittent FMLA leave
By Jon Hyman
Is there anything more frustrating for HR professionals than intermittent leave under the FMLA? While I can't ease that frustration, I c...
UPDATE: House passes ADA Amendment Act; President expected to sign shortly
By Jon Hyman
The Connecticut Employment Law Blog and World of Work have the details. For my earlier thoughts on these amendments, see House overwhelm...
The Ohio Healthy Families Act is dead, but what's next?
By Jon Hyman
Aside from being key battleground states in the 2008 election, Ohio and Colorado have another similarity, one to which employers in our stat...
Do you need to control employee blogging?
By Jon Hyman
Washington Redskins Tight End Chris Cooley apparently (and accidentally) posted pictures from the team's playbook on his blog. The Washi...
Senate unanimously passes amendments to ADA
By Jon Hyman
Last week, the Senate unanimously passed the ADA Amendments Act ( S. 3406 ). It is similar to the bill the House passed 402-17 earlier this ...
A lesson in drafting clear handbook policies
By Jon Hyman
Quality Mold had a handbook policy under which an employee would forfeit unused vacation upon a termination for "gross misconduct....
WIRTW #47
By Jon Hyman
Apparently it's not just Sikhs that Disney World is alleged to discriminate against . The Delaware Employment Law Blog reports on a dec...
If you could ask each Presidential candidate one question...
By Jon Hyman
Dan Schwartz at the Connecticut Employment Law Blog asks, "What one question would you like the debate moderators to ask each of the m...
Every minute counts for FMLA eligibility
By Jon Hyman
A few years ago I had the privilege of arguing the winning side in Ricco v. Potter (6th Cir. 7/27/04) . Ricco held that "make-whole rel...
Are you ready for the return of labor unions?
By Jon Hyman
Statutes are famous for their creative names. For example, did you know that the [USA] Patriot Act is actual short for U niting and S trengt...
What McCain's Sarah Palin decision teaches us about employment law
By Jon Hyman
A lot of ink has been spilled in the last 10 days about John McCain's decision to choose Sarah Palin as his running mate. Much of that i...
WIRTW #46
By Jon Hyman
With Ohio's Healthy Families Act officially dead, attention turns to legislation on the federal level. It is safe to say that if Barack ...
Ohio Chamber of Commerce announces victory on paid sick leave
By Jon Hyman
The Ohio Chamber of Commerce has weighed in on the timely demise of the Healthy Families Act: The Ohio Chamber of Commerce is pleased ...
Victory (for now): Healthy Families Act to be pulled from ballot
By Jon Hyman
Rumors started circulating early this morning that the Governor finally succeeded in getting the Healthy Families Act pulled from the ballot...
Be careful what you ask for
By Jon Hyman
Non-competes are a curious breed. They are often used, but difficult to enforce. What's the harm in trying, you might ask? If an employe...
Q&A on applying performance and conduct standards to employees with disabilities
By Jon Hyman
It is an oversimplification to simply say that employers should hold disabled employees to the same conduct standards as non-disabled employ...
Sometimes the little things go a long way
By Jon Hyman
Often times, we forget that the law is a floor and not a ceiling. For example, just because the FMLA caps unpaid leave at 12 weeks does not ...
Employer's failure to provide written notice does not save employee who failed to return to work following FMLA leave
By Jon Hyman
Under the FMLA, an employer must provide an employee taking FMLA leave "with written notice detailing the specific expectations and obl...
Happy Labor Day
By Jon Hyman
Like most, I'm happily taking this Labor Day off. If you're looking for something to read, hop over to the Connecticut Employment La...