NLRB gifts huge victory to unions, and against secret-ballot elections (Lamons Gasket)
Generally, a union can become employees’ exclusive bargaining representative in one of two ways: a secret ballot election following a pre...
Archive: August 2011
“Never pick a fight with an ugly person, they’ve got nothing to lose.”*
By Jon Hyman
In Sunday’s New York Times , University of Texas economics professor Daniel Hamermesh penned an op-ed entitled, “Ugly? You May Have a Case.”...
“May” I have another (lawsuit)? One word sinks employer’s efforts to force arbitration
By Jon Hyman
It’s no secret that I’m not a fan of arbitration of employment disputes. Conventional wisdom says that binding arbitration keeps down costs...
WIRTW #190 (the “Network” edition)
By Jon Hyman
I love Twitter . Why, you ask? Because it routines scoops the major news outlets for breaking stories. Tuesday was a perfect example. I fe...
BREAKING: NLRB publishes final rule on mandatory posting of labor rights
By Jon Hyman
Last December , the NLRB proposed a rule requiring employers to post notices informing their employees of their rights as employees under th...
Keeping head in sand risky to employers in discrimination cases
By Jon Hyman
I’ve written before about the honest-belief rule — if an employer honestly believed in the proffered reason for its action, an employee can...
Why people hate lawyers
By Jon Hyman
Suppose you apply for a job. The job has certain dress code requirements for all employees. You, however, think the mandatory clothing wi...
EEOC garners $2.6 million fee award … but not how you think
By Jon Hyman
A Michigan federal judge has slammed the EEOC for its “reckless sue first, ask questions later strategy.” After 11 years of litigation, the ...
LexisNexis nominates the Ohio Employer’s Law Blog for consideration as one of the top 25 Labor & Employment Blogs
By Jon Hyman
I am pleased to announce that LexisNexis has honored me by naming the Ohio Employer’s Law Blog to its list of nominees for the Top 25 Labor ...
Vaporizing employment laws? The results
By Jon Hyman
On Monday, I asked my readers the same question posed by Walter Olson at Overlawyered : “If I could press a button and instantly vaporize on...
Federal court takes EEOC to task for its work-life-balance agenda
By Jon Hyman
In a 64-page opinion, a New York federal court issued a scathing indictment of the EEOC’s sue-first-ask-questions-later litigation tactics. ...
NLRB releases report on social media cases
By Jon Hyman
Are you curious about how the NLRB has been handling cases that involve allegations of employees disciplined or terminated for social media ...
Terminating a poor performer AFTER protected conduct? Read this post.
By Jon Hyman
I’ve written before about the difficulty employers face when terminating an employee for performance problems after that employee engages ...
Do we really need a breastfeeding discrimination law?
By Jon Hyman
Yesterday, the Wall Street Journal Law Blog ran a post about a teacher fired from her job, allegedly because she spent too much time lactat...
Employment Law Blog Carnival: The Kindergarten Edition
By Jon Hyman
Today, my daughter started kindergarten. To commemorate this milestone, this month’s Employment Law Blog Carnival celebrates the synergy bet...
Controlling who is (and is not) “similarly situated” can control a discrimination case
By Jon Hyman
One of the key analyses in any discrimination lawsuit is whether the plaintiff is “similarly situated” to those whom he or she claims the e...
“If I could press a button and instantly vaporize one sector of employment law?”
By Jon Hyman
Today, I am empowering all of my readers with a superpower. As the saying goes, with great power comes great responsibility, so exercise thi...
WIRTW #189 (the “amici” edition)
By Jon Hyman
Last year, I was honored that the ABA chose to include me in its Blawg 100 , the list of the top 100 legal blogs. This year, the ABA has aga...
Is it discriminatory for a hospital to require the same-sex treatment of patients?
By Jon Hyman
According to the EEOC , a Missouri hospital discriminated against its male nurses by preferring to have female nurses treat female patients....
How companies are using social media to hire
By Jon Hyman
Are you curious how companies are using social media to screen and hire employees? Mindflash shares the latest data (via Eve Tahmincioglu ...
If your workplace has “No bra Thursday,” it’s time for some harassment training
By Jon Hyman
According to the Salt Lake Tribune , a Utah woman has sued her former employer, claiming she was sexually harassed at work. The allegations,...
Workplace social media becomes a federal issue, says U.S. Chamber survey
By Jon Hyman
Last week, the U.S. Chamber of Commerce published the results of a comprehensive survey of the NLRB’s examination of workplace social media ...
WIRTW #188 (the “shill” edition)
By Jon Hyman
I’m hosting the Employment Law Blog Carnival on August 17. If you would like your blog featured, email me the link by August 12. There ar...
Where does your state rank in discrimination filings? Ohio … we’re not so bad
By Jon Hyman
According to Bloomberg Businessweek , 2010 was a banner year for workplace discrimination claims. Nationwide, there was a record 99,922 char...
6th Circuit strikes back against union’s self-help protest
By Jon Hyman
When does a union protest turn from lawful, protected conduct to unlawful harassment? A case decided yesterday by the 6th Circuit provides ...