Following up on Thompson v. North American Stainless – the tea leaves of associational retaliation
In response to yesterday’s post on the Supreme Court agreeing to review the issue of associational retaliation , Michael Fox at Jottings by ...
Archive: June 2010
Supreme Court agrees to hear associational retaliation case
By Jon Hyman
On the last day of its term, the Supreme Court has agreed to hear the issue of whether Title VII prohibits retaliation against an employee w...
Do you know? Ohio military family leave law takes effect July 2
By Jon Hyman
Beginning this Friday, July 2, 2010, Ohio employers with 50 or more employees will be required to provide leave for employees who are a spou...
The dominos start to fall – some clarity on New Process Steel
By Jon Hyman
On June 17, the Supreme Court held that the NLRB needs at least three members to have the authority to act . At the time, I wrote that with ...
WIRTW #132
By Jon Hyman
Although earlier this week I touched on Rent-A-Center v. Jackson , I did not discuss it in-depth. Thankfully, there are a lot of bloggers ...
What do you do when the boss is accused of harassment?
By Jon Hyman
Earlier this week, Forbes.com published an article entitled Bosses Behaving Badly . If you want an example of the type of misconduct the art...
Ohio Supreme Court rules that employers do not have to provide pregnant employees greater leave rights than non-pregnant employees
By Jon Hyman
Yesterday, the Ohio Supreme Court handed businesses a huge victory on the issue of pregnancy leave rights. Pataskala Oaks Care Center had ...
DOL permits FMLA leave for gay parents (and others too)
By Jon Hyman
The Internet has been ablaze with news that the Department of Labor would be expanding the rights of gay workers to take FMLA leave to care ...
Do you know? Does mandatory arbitration of employment disputes work?
By Jon Hyman
Yesterday, in Rent-A-Center v. Jackson [pdf] the U.S. Supreme Court held that the issue of the enforceability of an arbitration agreement ...
Texting does not make you a bad parent
By Jon Hyman
A day late, but here’s a Fathers’ Day message from Louis C.K. (maybe the funniest human being the planet) that explains how texting while sp...
WIRTW #131
By Jon Hyman
Each and every week, there seems to be a breaking story that I just can’t get to, and there’s a half-dozen other bloggers who’ve already sai...
Supreme Court tosses 26 months of NLRB decisions in the rubbish
By Jon Hyman
Today was a busy day at the Supreme Court. In addition to Quon (and three other non-labor and employment cases), it also issued its much an...
Quon v. Arch Wireless: If privacy rights fall in the forest and no one chooses to rule on them…
By Jon Hyman
Quon v. Arch Wireless was one the most anticipated cases before the U.S. Supreme Court for employment attorneys. We hoped that the Court wo...
6th Circuit upholds release of USERRA claim in separation agreement
By Jon Hyman
We employment lawyers love severance agreements. I preach their benefits to my clients for all but the most egregious of for-cause terminati...
The art of the apology
By Jon Hyman
Those who’ve been reading for awhile know that I grew up in Philadelphia. I am a proud survivor of the Philadelphia public school system. Wh...
Do you know? Mandatory union posting for federal contractors
By Jon Hyman
File this story under just because the Employee Free Choice Act is temporarily dead does not mean that the Obama administration cannot impac...
Empathy does not require liability
By Jon Hyman
This morning, Judy Greenwald at Business Insurance has an article discussing the recent spate of anti-bullying laws making the rounds in va...
WIRTW #130
By Jon Hyman
I love vacationing on Hilton Head Island. The beaches are pristine, the seafood’s fresh, the bars and grocery stores stock Yuengling (wh...
More on discovery of social networks: Subpoenas to websites proving to be difficult
By Jon Hyman
A few weeks ago I discussed the discovery of social networks (Facebook, MySpace, etc.) in employment cases. EEOC v. Simply Storage Managemen...
Double check data before termination to insulate from discrimination exposure
By Jon Hyman
Pattison v. W.W. Grainger, Inc. [pdf] , decided last week by the Cuyahoga County Court of Appeals, illustrates the need to analyze, confirm...
Do you know? It is legal to retaliate against an employee for opposing a sex-toy party
By Jon Hyman
At least according to Ohio’s 2nd appellate district in Davenport v. Big Brothers & Big Sisters of the Greater Miami Valley, Inc. (6/4/1...
Don't put it in writing if you don't want it on the front page of the New York Times (literally)
By Jon Hyman
I’m guessing that when Wal-Mart hired a prominent law firm to examine gender disparities in pay and promotions, along with its vulnerability...