WIRTW #251 (the “sphere of influence” edition)
I’ve been at this blogging thing for more than five-and-a-half years. In that time, I’ve had some awesome opportunities come my way as a res...
Archive: November 2012
Certification harassment? 6th Circuit rejects claim under FMLA
By Jon Hyman
Have you ever heard of certification harassment ? Me neither, until I read Smith v. City of Niles [pdf] last week. According to Leddrew ...
Who is a supervisor under Title VII? (Vance v. Ball St. Univ.)
By Jon Hyman
On Monday, the Supreme Court heard oral argument in one of the key employment cases it will hear this term— Vance v. Ball St. Univ. This cas...
It’s a Blawg 100 Three-Peat
By Jon Hyman
Edward James Olmos once said, “ I didn’t get into this business to get awards .” And while that may be true, it certainly is nice to be r...
When is confidential medical information NOT confidential?
By Jon Hyman
The ADA requires that employers treat employee medical information obtained from "medical examinations and inquiries … as a confidentia...
Another reason not to ban social media on company time (hint … it’s the NLRB)
By Jon Hyman
I’ve written before about the practical problems employers face when trying to ban employees from accessing social media at work. Last we...
If you put up with bullies in your workplace, stop (before someone else makes you)
By Jon Hyman
I came across an article on TLNT last week entitled, The 7 Ways Organizations Justify Bullying in The Workplace . According to the article,...
WIRTW #250 (the “Tickle Me Petraeus” edition)
By Jon Hyman
What does Elmo have in common with a former four-star general? They both need refresher courses on the proper use of email. Former...
Facebook foible foils FMLA fight
By Jon Hyman
Wendy Barnett worked as a nurse in the psychiatric unit at Aultman Hospital. When her boss, for whom she did not care, was fired, Barnett se...
In compelling discovery, court likens social media account to “Everything About Me” folder
By Jon Hyman
Courts are all over the map on whether to order the disclosure of an employee’s social media accounts during discovery in employment cases. ...
Must an employer accommodate an employee for a family member’s disability?
By Jon Hyman
A little more than year after Mindy Adams began working for Servpro, her husband was diagnosed with cancer. One week after Servpro approved ...
Some workplace social media stats to start your week
By Jon Hyman
Northeast Ohio’s Employers Resource Council recently published the results of its 2012 Social Media in the Workplace Survey [pdf] . Some o...
WIRTW #249 (the “four more years” edition)
By Jon Hyman
Meet the new boss, same as the old boss. POTUS 44 is still POTUS 44. What does the next four years of President Obama mean for labor and emp...
System for employees to report unpaid time insulates company from wage and hour claim, says 6th Circuit
By Jon Hyman
In White v. Baptist Memorial Hosp. (6th Cir. 11/6/12) [pdf] , the 6th Circuit answers one of the more difficult questions that faces employ...
It just doesn’t matter (who’s the President of the United States)
By Jon Hyman
By the time you’re reading this, we’ll either have the same President, or a new President, or, they’ll still be counting Ohio’s provisional...
Silence can be golden when dealing with employee medical issues
By Jon Hyman
“Regarded as” disability discrimination claims are supposed to be blind to whether an employee actually suffers from a physical or mental im...
What skeletons are you unearthing by suing an ex-employee?
By Jon Hyman
Before you bring suit against an ex-employee, you might want to consider whether their exist any skeletons in your employment closet that co...
WIRTW #248 (the “vote early, vote often” edition)
By Jon Hyman
In case you haven’t heard, there is a presidential election taking place on Tuesday. My guess is that a few of your employees are going to v...
The “I”s have it: NLRB says don’t shred those at-will disclaimers just yet
By Jon Hyman
If you are a non-union employer, you likely have an employee handbook that sets forth the policies and procedures that guide your relationsh...