Do you know? EEOC reports record charge filings for 2010
The EEOC recently published its fiscal year 2010 FY 2010 Performance and Accountability Report . Given the state of the economy, its findin...
Archive: November 2010
Announcing the ABA Blawg 100 – and a shameless request for your vote
By Jon Hyman
Today, the ABA Journal announced that it has selected the Ohio Employer’s Law Blog as one of the top 100 legal blogs for 2010 . I am truly ...
7 tips for a safe workplace holiday party
By Jon Hyman
I spent my collegiate summers earning money working in a warehouse in Philadelphia. It was an employment lawyer’s dream. One employee though...
WIRTW #154 (the thankful edition)
By Jon Hyman
In her preschool class last week, my daughter had to share what she was thankful for. Her classmates gave the standard responses—parents, gr...
Do you know? The voluntariness of release agreements
By Jon Hyman
The facts that led to the severance agreement in Gascho v. Scheurer Hosp. (6th Cir. 11/19/10) [pdf] are what make employment law an intere...
EEOC poised to explore plight of older workers in current economy
By Jon Hyman
Last Wednesday, the EEOC heard testimony that age discrimination is causing older workers to have a difficult time maintaining and finding ...
WIRTW #153 (the redux edition)
By Jon Hyman
Except for two huge stories (the failure of the Paycheck Fairness Act and on-going coverage of the NLRB’s complaint challenging a Connectic...
The failure of the Paycheck Fairness Act ends the golden age of employment law
By Jon Hyman
The Democrats swept into office in January 2009 with promises of paradigm-shifting labor and employment law reforms : card check union recog...
Three steps to avoid a discriminatory hiring claim
By Jon Hyman
Bartlett v. Gates (6th Cir. 11/16/10) [pdf] involved a plaintiff who claimed that he was passed over for a promotion because of his age an...
Do you know? Post-employment retaliation
By Jon Hyman
The typical retaliation scenario involves an employer firing an employee who complained about discrimination or engaged in some other protec...
What dryer drums have to do with unpaid wages (or, a scathing judicial indictment of class action lawsuits as extortion)
By Jon Hyman
Thorogood v. Sears, Roebuck & Company (7th Cir. 11/2/10) [pdf] involves the attempted litigation of multiple class action lawsuits in...
WIRTW #152 (the Facebook firing edition)
By Jon Hyman
Last week, I wrote about the NLRB’s complaint against a Connecticut company claiming that its social networking policy violated federal labo...
Court makes clear that an ADA reasonable accommodation does not require preferential treatment in filling open positions
By Jon Hyman
In Garcia v. Whirlpool Corp. (N.D. Ohio 11/5/10) [pdf] , the trial court dismissed a disability discrimination claim because the plaintiff ...
The 5 most interesting things about GINA
By Jon Hyman
To have Gina, Gina all for my very own It’s much too wonderful, so very wonderful To know that Gina is mine alone – Gina, Johnny M...
Do you know? FMLA & bereavement leave (or, what to do when a supervisors calls an unauthorized leave request “cool”)
By Jon Hyman
The FMLA covers a lot of family emergencies. Death, however, is not one of them. There is no situation in which the FMLA, on its face, provi...
Are businesses cracking down on bandwidth?
By Jon Hyman
I cannot work in silence. I never could, and I likely never will be able to. In high school, I did all my homework with the stereo blaring i...
WIRTW #151 (the election recap edition)
By Jon Hyman
Here’s my 140-character recap of Tuesday’s election: Obama did not learn from Clinton’s 92 – 94 mistakes. Cost Dems huge. We’ll see if Boehn...
6th Circuit holds that an individual must be disabled to challenge a selection criteria under the ADA (but does it matter?)
By Jon Hyman
Employee use of prescription drugs has been in the news lately. Last week, the New York Times ran a piece discussing the drug testing of e...
Does your social networking policy violate federal labor laws?
By Jon Hyman
It was only a matter of time before the NLRB inserted itself into the intersection of social networking and employment relations. It has Twi...
Reading the tea leaves: Staub v. Proctor Hospital and the “Cat’s Paw”
By Jon Hyman
Before we get into the specifics of the Staub case, let’s first discuss the relationship between a cat’s appendage and employment discrimin...