6th Circuit re-affirms mixed-motive causation under the FMLA
Earlier this summer, the U.S. Supreme Court did away with the notion of a mixed motive termination in an age discrimination case. In Gross v...
Archive: August 2009
WIRTW #93
By Jon Hyman
This week’s review starts with some of fellow blogger’s thoughts on the passing of Ted Kennedy: The Word on Employment Law with John Ph...
Ohio Supreme Court avoids the issue of whether sex discrimination includes lactation
By Jon Hyman
Totes/Isotoner Corp. fired LaNisa Allen for taking unauthorized, extra breaks during her work day. Allen claimed that her termination consti...
Court finds no liability for conclusions reached during harassment investigation
By Jon Hyman
Can an employee sue you for conclusions reached during an internal harassment complaint? According to the 6th Circuit in Courie v. Alcoa Whe...
Beware of discrimination risks when rehiring ex-employees
By Jon Hyman
As the recession continues to show signs of ending, companies that had previously laid off employees will need to re-staff. According to CNN...
Do you know? What are an employer’s rights when an employee fails to give timely notice of FMLA leave?
By Jon Hyman
Employees cannot simply take FMLA leave on a whim. They must provide their employers at least some notice, depending on the circumstances. A...
A lesson on reasonable accommodations
By Jon Hyman
My family and I went to Sesame Place last Friday. As we were preparing to leave the park, my three-year-old daughter noticed a queue for Coo...
WIRTW #92
By Jon Hyman
Apparently, my incessant linking has labeled me as a potential spammer according to Blogger. Annoyed but undeterred, here’s what I’ve been r...
On redemption and second chances
By Jon Hyman
It’s been a week since my beloved Philadelphia Eagles shocked the sports world by signing convicted felon Michael Vick to a two-year contrac...
Announcing the next KJK Breakfast Briefing: Google and Facebook and Twitter, Oh My! Emerging Workplace Technology Issues
By Jon Hyman
Do you know what your employees are doing on-line? Join KJK’s team of employment lawyers to learn: What are Facebook, Twitter, and Link...
Government updates swine flu guidance for businesses
By Jon Hyman
Just a quick note to let everyone know that the federal government has updated its flu guidelines for businesses. Ann Beauchesne at The Cha...
Refusal to take drug test bar workers’ comp retaliation claim
By Jon Hyman
Many companies require employees to submit to drug tests after suffering a workplace injury. The rationale is simple – intoxication is one o...
Do you know? Harassment by a non-employee
By Jon Hyman
Last week, an Orlando, Florida, jury convicted a Pennsylvania tourist of groping Minnie Mouse. Apparently, the man thought it was okay to ...
Papering a personnel file as evidence of retaliation?
By Jon Hyman
When Carolyn Upshaw started filing EEOC charges against her employer, Ford Motor Company, it began to document her on-going performance prob...
WIRTW #91
By Jon Hyman
This week’s tip-of-the-week is courtesy of Rush Nigut’s Rush on Business – get it in writing. A handshake or an oral promise is only as goo...
Can you still be funny at work in a politically correct work?
By Jon Hyman
Today’s HR Daily Advisor, published by BLR, asks the following question: Can You Still Tell a Joke in the Office? Instead of answering that...
Lawsuits over off-the-clock smart phone use ask, “What is work?”
By Jon Hyman
More than two years ago I cautioned that employers who require non-exempt employees to carry Blackberries or other devices that receive work...
Do you know? FMLA fitness-for-duty certifications
By Jon Hyman
In a previous post, I detailed the new FMLA regulation’s eligibility notice and designation notice requirements . The FMLA also has specific...
Bullying versus harassment
By Jon Hyman
It is generally agreed that the anti-discrimination laws do not create a general code of workplace civility. Employees are generally expecte...
WIRTW #90
By Jon Hyman
BLR’s HR Daily Advisor offers 10 tips to avoid employment lawsuit, in two parts – part one and part two . Meanwhile, Jennifer Hays at the...
Know when to fish, know when to cut bait
By Jon Hyman
Justin Barrett, the Boston police officer who was fired for calling Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,”...
The importance of handbook disclaimers
By Jon Hyman
Employee handbooks come in all shapes and sizes. For example, some employers have different policies that cover exempt versus non-exempt emp...
Do you know? Mandatory overtime
By Jon Hyman
We should all know that any hours a non-exempt employee works in excess of 40 in any given week must be paid at a premium rate of one and on...
DOL publishes FAQ on furloughs and other reductions in pay and hours worked issues
By Jon Hyman
While the economy is beginning to show signs of slowing turning around, businesses are still turning to employee furloughs and other alterna...