Department of Labor issues game-changing guidance on the administrative exemption and loan officers
In February, I discussed the application of the Fair Labor Standards Act’s administrative exemption, and made the point that whether an admi...
Archive: March 2010
Do you know? Healthcare bill requires lactation breaks
By Jon Hyman
This morning I’m updating and synergizing two of last week’s posts: Do we really need to pump up workplace lactation rights? and House pass...
Bill seeks to snuff out discrimination against smokers
By Jon Hyman
Take a look at H.B. 470 , introduced last week in Ohio’s legislature. It provides: “No employer shall discharge without just cause, refuse t...
Updated – Breaking News: Obama makes recess appointment of Craig Becker to the NLRB
By Jon Hyman
A few weeks ago I asked, “ Who is Craig Becker and why should you care? ” It looks like we are all about to find out. President Obama has ma...
WIRTW #120
By Jon Hyman
Last July, I reported on Kasten v. Saint-Gobain Plastics , in which the 7th Circuit held that the anti-retaliation provision of the Fair Lab...
A little courtesy goes a long way
By Jon Hyman
On Sunday I drove my in-laws down to Columbus for Ohio State’s graduation. Upon arriving at the Schottenstein Center, stopped to ask a traf...
Ohio Supreme Court (finally) upholds the constitutionality of a workplace intentional tort statute
By Jon Hyman
In two anticipated opinions, the Ohio Supreme Court has finally found an intentional tort statute that passes muster under Ohio’s constituti...
Do we really need to pump up workplace lactation rights?
By Jon Hyman
Philly.com ran a story last week by Philadelphia attorney Beth Thorne, who recounted her lack of privacy at work to express breast milk. Oh...
House passes Health Care Bill – What does this mean for employers?
By Jon Hyman
I have not read any version of the health care bill. In fact, anyone outside of Capitol Hill, the White House, lobbyists, or some major news...
WIRTW #119
By Jon Hyman
The best advice of the week comes from BLR’s HR Daily Advisors, which recommends that companies could save thousands by merely spending a fe...
70% of hiring managers report rejecting candidates following internet searches
By Jon Hyman
According to a recent survey conducted by Microsoft, 70% of U.S. hiring managers reject candidates based on information located online, whil...
Whose opinion counts for determining “incapacity” under the FMLA?
By Jon Hyman
The FMLA defines serious health condition as “an illness, injury, impairment, or physical or mental condition that involves … continuing tre...
Do you know? 12% of employees knowingly violate IT policies
By Jon Hyman
According to a recent survey conducted by IT security company Fiberlink (H/T Workplace Diva ), 12% of employees admit to knowingly violatin...
Beware these types of problem employees
By Jon Hyman
Today is the Ides of March. For Julius Caesar, it meant a knife in the back from his best friend. Yet, Caesar had been warned to beware the ...
WIRTW #118
By Jon Hyman
The big story that I missed this week is the refocused Congressional attention on the passage of the Paycheck Fairness Act on Capitol Hill...
Playing 20 questions with the employee versus contractor distinction
By Jon Hyman
As reported by the Washington DC Employment Law Update , the Treasury Department and Department of Labor have been jointly charged to elimin...
Who is Craig Becker and why should you care?
By Jon Hyman
Craig Becker is President Obama’s nominee to the National Labor Relations Board. He is also the Associate General Counsel of the Service Emp...
Avoiding shifting explanations avoids claim of pretext
By Jon Hyman
Rep. Eric Massa resigned from Congress last week. Depending on the interview and the day, he either resigned: for health reasons, because of...
Hot off the press: 6th Circuit holds that discrimination laws apply to a teacher at a religious school
By Jon Hyman
Certain employees of religious institutions are exempted from employment discrimination laws under what is known as the “ministerial excepti...
Sniffing out the dangers of the new ADA
By Jon Hyman
OnPoint News and Overlawyered report that the City of Detroit has settled a disability discrimination lawsuit brought by an employee with ...
WIRTW #117
By Jon Hyman
One story I missed this week was the extension of the federal and Ohio COBRA subsidies. These bloggers, however, are picking up the slack:...
It’s time to bring Ohio’s discrimination law in line with its federal counterparts
By Jon Hyman
At Jottings By An Employer’s Lawyer, Michael Fox discusses pending legislation in Missouri that would bring that state’s employment discrim...
Employers often don’t stand alone in lawsuits – let’s talk about manager and supervisor liability
By Jon Hyman
Ohio’s discrimination law is quirky when compared to its federal counterparts. For one thing, an Ohio employee does not need to exhaust his ...
Do you know? The duty of loyalty: illegal competition vs. legal preparation
By Jon Hyman
There are right ways and wrong ways for an employee to leave your company. Just because an employee is not subject to a noncompetition agre...