NLRB’s position on social media policies remains a bungled mess
Oh! what a tangled web we weave When first we practice to deceive! – Walter Scott , Marmion , Canto VI, Stanza 17 (1808) ...
Archive: May 2012
BREAKING: NLRB issues 3rd report on social media
By Jon Hyman
Hot off the presses, NLRB Acting General Counsel Lafe Solomon has issued his third report on social media cases brought to the agency [pdf] ...
Time to re-read your non-competition agreements; Ohio Supreme Court issues ruling on enforceability by successors
By Jon Hyman
Acordia of Ohio, L.L.C. v. Fishel [pdf] , decided last week by the Ohio Supreme Court, is a pretty straight-forward case. In this case, fou...
Ohio joins the fray on employers asking for social media passwords
By Jon Hyman
It was only a matter of time before Ohio joined the list of states to introduce legislation that would prohibit employers from asking for so...
6th Circuit applies “but for” causation to ADA claims (but does it matter?)
By Jon Hyman
More than a year ago , the 6th Circuit upheld its use of a “sole reason” causation standard in ADA cases, but invited the full 6th Circuit t...
WIRTW #227 (the “replay” edition)
By Jon Hyman
Yesterday afternoon, I appeared on the The Proactive Employer , talking all things workplace social media with host Stephanie Thomas , fello...
Ohio Supreme Court upholds statewide workplace smoking ban
By Jon Hyman
On November 7, 2006, Ohio voters passed a ballot initiative to enact the Smoke Free Workplace Act. It became effective on December 7, 200...
Even terminations over “genitalia sandwiches” can generate lawsuits
By Jon Hyman
The court properly granted summary judgment because reasonable minds could only conclude that appellant’s actions in photographing an inm...
Radio/Podcast appearance: Being Smart About Social Media in the Workplace
By Jon Hyman
This Thursday, May 24, at 3 pm, Molly DiBianica (proprietor of the Delaware Employment Law Blog and tweeter extraordinaire @MollyDiBi ) and...
The obligatory post about the EEOC’s charge filing data
By Jon Hyman
The EEOC has released state-by-state charge filing statistics for the past three years. Which types of discrimination are popular (and not s...
Can a poor performance review count as an “adverse action?”
By Jon Hyman
For an act to be considered an “adverse employment action” sufficient to support a discrimination claim, it must constitute ”a significan...
WIRTW #226 (the “press 9 for more options” edition)
By Jon Hyman
You’d think that with all the posting I do about Labor & Employment Law, it’s the only area in which my law firm— Kohrman Jackson & ...
6s wild! 6th Circuit affirms contractual 6 month limitation for employment claims
By Jon Hyman
Between the following two options—a federal statute or a private employment agreement—which wins? The federal statute (USERRA), which, ...
Terminated CFO illustrates the confidentiality risks social media pose
By Jon Hyman
According to a recent survey by Intel (h/t: Lifehacker ), 85% of American adults share information about themselves online, while 90% think...
Reasonable accommodations and commute times
By Jon Hyman
How far do you have to go to accommodate an employee’s disability? In Regan v. Faurecia Automotive Seating (5/10/12) , the 6th Circuit prov...
I don’t like this opinion; Facebook “like” as free speech?
By Jon Hyman
One of the biggest misnomers that people have about their rights in the workplace relates to free speech and the 1st Amendment. I could comf...
WIRTW #225 (the “drive thru” edition)
By Jon Hyman
Did you catch my appearance on DriveThruHR yesterday? You mean you weren’t glued to your computer at 1 pm, hanging on my every word about H...
The FMLA and the honest belief rule: monitoring leave of absence abuse
By Jon Hyman
Last week, I discussed the bounds of the “honest belief rule” as a defense to a discrimination claim. Yesterday, in Seeger v. Cincinnati Be...
I’ll be guesting at Lunch with DriveThruHR, tomorrow at 1 pm
By Jon Hyman
Tomorrow, I’ll be spending my lunch with DriveThruHR , human resource’s #1 daily radio show. You can listen live at 1 pm EDT at www.drivethr...
New pregnancy legislation is unneeded; the law already requires accommodation of expecting employees
By Jon Hyman
On the New York Times’s Motherlode blog , KJ Dell’Antonia discusses her belief that we need another law to protect pregnant women in the wor...
Revenge is a dish best never served at all in the workplace
By Jon Hyman
Section 215(a)(3) of the Fair Labor Standards Act makes it unlawful for an employer to “discharge or in any manner discriminate against any ...
Stop, thief! Polygraph testing and workplace theft
By Jon Hyman
The Employee Polygraph Protection Act regulates (and restricts) the use of polygraph tests in the workplace. For example, it prohibits an e...
WIRTW #224 (the “5 is the magic number” edition)
By Jon Hyman
On May 9, 2007, I launched the Ohio Employer’s Law Blog . It’s unfathomable to me that I’ve been writing this blog for five years. Thanks to...
The NLRB’s dangerous course: arbitration waivers and protected concerted activity
By Jon Hyman
The NLRB has announced the filing of a complaint against 24 Hour Fitness USA, Inc., claiming that the company’s requirement that its employ...
$27,000 buys a lot of chalupas: Taco Bell settles religious discrimination lawsuit with EEOC
By Jon Hyman
Last year, I discussed lawsuit filed by the EEOC agains a North Carolina Taco Bell franchise, claiming that it had failed to accommodate an...
Honestly, we didn’t discriminate
By Jon Hyman
The “honest belief rule” is one of most effective shields available to employers in discrimination cases: As long as an employer has an...