WIRTW #116
This morning on The Proactive Employer I had an engaging chat with Stephanie Thomas on the topic of statistics and reduction in force. To l...
Archive: February 2010
Access to federal court just got a little bit easier for corporations
By Jon Hyman
Employers like to be in federal court. According to a recent study by the American Constitution Society , plaintiffs only win 15% of the tim...
Calculating the rolling 12-month FMLA leave entitlement
By Jon Hyman
As I’ve previously discussed, the FMLA allows for 4 different ways for employers to calculate its employees’ 12-week leave entitlement: ...
Do you know? Administrative employees vs. the administrative exemption
By Jon Hyman
Nothing in employment law has a more misleading name than the administrative exemption in the Fair Labor Standards Act. Employers routinely ...
How to avoid employee lawsuits (in 4 easy steps)
By Jon Hyman
Today’s Wall Street Journal offers the following three tips to small business owners to avoid lawsuits by employees: Classify employee...
WIRTW #115
By Jon Hyman
This week, the EEOC published proposed regulation on the reasonable factors other than age defense under the ADEA. The regulations (avail...
Ohio’s efforts to create its own WARN Act hit all the wrong notes
By Jon Hyman
Ohio House Bill 434 – which would require employers to give advanced notice of mass layoffs, worksite closings, and transfers of operation ...
“Sue first” mentality costs EEOC $4.5 million in sanctions, yet I question whether this is a good thing
By Jon Hyman
Shoot first and ask questions later, and don't worry, no matter what happens, I will protect you. —Hermann Goering In EEOC v....
Do you know? Unsupervised waivers of federal wage and hour claims
By Jon Hyman
Generally, courts recognize only two ways for an individual to release or settle a claim for unpaid wages under the Fair Labor Standards Act...
6 universal truths about avoiding retaliation liability
By Jon Hyman
According to French philosopher Albert Camus, “Retaliation is related to nature and instinct, not to law. Law, by definition, cannot obey th...
WIRTW #114
By Jon Hyman
The big story this week is the Senate's successful blockage of NLRB nominee Craig Becker. Becker was potentially dangerous for businesse...
Let your actions speak louder than your employees’ harassing words
By Jon Hyman
Perhaps no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an un...
Do you have a severe weather policy?
By Jon Hyman
I laugh at the east coast’s ongoing snow woes because (a) I grew up in Philadelphia, (b) my family is still there, and (c) last week notwit...
Do you know? Why statistics are so important in reduction in force cases
By Jon Hyman
For the past week, I’ve been examining the use of statistics in workforce reduction discrimination cases ( 6th Circuit downgrades importance...
How small is too small? Litigating sample sizes in reduction in force cases
By Jon Hyman
Last week’s post on the use of statistics in reduction in force cases garnered some interest from a fellow blogger, Stephanie Thomas. She a...
WIRTW #113
By Jon Hyman
The theme of this week’s review is déjà vu . In each category, I’ve linked back to at least one post I’ve written on a similar subject. So...
6th Circuit downgrades importance of statistics in reduction-in-force cases
By Jon Hyman
Yesterday, I discussed a 6th Circuit decision that provided guidance to employers on how not to RIF an employee on FMLA leave. Today, I’m go...
Reduction in Force vs. Leave of Absence: How not to handle the convergence
By Jon Hyman
There is no rule that says that you cannot terminate an employee on FMLA leave in a reduction in force. Conventional wisdom (and the real ri...
Do you know? What to do when you get sued
By Jon Hyman
When you are sued in an employment case, the absolutely first thing you should do is call your lawyer. There are steps that must be taken as...
EEOC announces curious partnership as it expands community outreach
By Jon Hyman
The EEOC has announced that it has partnered with Beachwood’s Maltz Museum of Jewish Heritage to help employees file discrimination compla...