6th Cir. invalidates individual waivers of FLSA collective action participation
The wage-and-hour class or collective action lawsuit is one of, if not the, greatest risk facing employers. Many of these lawsuits are filed...
Archive: July 2014
NLRB seeks to supersize its joint-employer standard
By Jon Hyman
The NLRB is waging war on employers, and it’s drawing its latest battle line at the McDonald’s drive-in. Yesterday, the NLRB Office of Gener...
Will the Ohio Supreme Court eliminate manager and supervisor liability for discrimination?
By Jon Hyman
Ohio’s discrimination is unique in that it allows for the imposition of individual liability against managers and supervisors for their pers...
“Unionism” as a protected class?
By Jon Hyman
Way back in 2012, the New York Times published an op-ed titled, A Civil Right to Unionize , which argued that Title VII needs to be amended...
WIRTW #329 (the “amicus” edition)
By Jon Hyman
The ABA Journal has opened nominations for its annual list of the best legal blogs, known as the Blawg 100 . I’ve been fortunate enough to b...
Customer preference and race discrimination—when the customer isn’t right
By Jon Hyman
The EEOC has sued a Chicago auto parts retailer for race discrimination after it fired an African-American store manager. The store was loca...
Orange is the new sexual harassment lawsuit
By Jon Hyman
Orton-Bell v. State of Ind. (7th Cir. 7/21/14) [pdf] concerns allegations of sexual harassment levied by a substance-abuse counsel at an I...
President signs Executive Order banning LGBT discrimination by the federal contractors and government
By Jon Hyman
Yesterday, President Obama amended two prior Executive Orders , adding new protections against sexual orientation and gender identity discri...
When your plaintiff is a prostitute
By Jon Hyman
Let’s say an employee sues your company for sexual harassment. And let’s say the allegations are bad—that the supervisor told the plaintiff ...
Should you limit bathroom breaks for employees?
By Jon Hyman
Teamsters local 743 has filed a complaint with the National Labor Relations Board claiming that an Illinois faucet manufacture unfairly disc...
Employment Law Blog Carnival: The Child of the 90s Edition #ELBC
By Jon Hyman
I’ve been thinking a lot lately about the 1990s. Maybe it’s the fact that they were my formative years in college and law school. Maybe it’s...
EEOC issues Enforcement Guidance, Q&A, and Fact Sheet on Pregnancy Discrimination
By Jon Hyman
If had any doubt that pregnancy discrimination is a hot-button issue at the EEOC, look no further than yesterday’s publication of three docu...
Should you block social media at work?
By Jon Hyman
One of my summer television addictions is NY Med , which follows surgeons around some of the New York metro area’s busiest hospitals. One th...
WIRTW #328 (the “fore!” edition)
By Jon Hyman
It was a lovely day for golf yesterday at the annual KJK golf outing. If only my swing agreed. On Wednesday, I’m hosting the July editio...
Time after time: temporal proximity and retaliation
By Jon Hyman
Marla Montell reported an allegation of sexual harassment against her supervisor, Austin Day, to human resources at Diversified Clinical Se...
Hear me on The CYA Report discussing Hobby Lobby
By Jon Hyman
Today we’re going to try something a little different. Usually, you get to read my thoughts on the employment law issues of the day. Today, ...
What does the ADA say about employee medical information and social media?
By Jon Hyman
The ADA protects, as confidential, employee medical information obtained by an employer. Last year, I asked the following questions about...
EEOC transforms a $1.39 bag of chips into a $180,000 settlement
By Jon Hyman
Nearly three years ago , I reported on a disability-discrimination lawsuit filed by the EEOC against Walgreens. The agency had filed suit of...
Why I Write: Reflections on the Ohio Employer’s Law Blog
By Jon Hyman
Earlier this week, I was tagged in a “blog hop.” “What is a blog hop,” you ask? it is a blog-to-blog chain letter built around a common them...
Will Hobby Lobby give Title VII fits?
By Jon Hyman
Yesterday, the Supreme Court decided Burwell v. Hobby Lobby Stores [pdf] , holding that a closely held corporation is a “person” that ca...