WIRTW #334 (the “these go to 11” edition)
Today is my 11th anniversary. I love my wife. That is all. Here’s the rest of what I read this week: Discrimination Gee Whiz! Sexual Har...
Archive: August 2014
What does the ADA have to say about employer inquires about prescription drugs
By Jon Hyman
Employers with employees working in safety-sensitive positions have an obligation to ensure that their employees are not impaired while enga...
Hear what I had to say on @WCPN about #BanTheBox
By Jon Hyman
Yesterday, WCPN’s The Sound of Ideas was kind enough to invite me to speak about criminal background checks in employment and the “Ban the ...
Facebook firing causes unfair labor practice double play for NLRB
By Jon Hyman
In Triple Play Sports Bar & Grille [pdf] , the NLRB unanimously concluded that an employer unlawfully fired two employees for their off...
Listen to me on WCPN tomorrow morning (8/26) from 9–10, discussing “Ban the Box”
By Jon Hyman
If you’re near a radio tomorrow morning from 9 – 10, tune to 90.3 FM, WCPN, to hear me on The Sound of Ideas . The topic of the day is “Ban...
The difference between alcoholism and drunk under the ADA
By Jon Hyman
A few months ago, I had to fly to Houston for a hearing. After the flight took off, I witnessed the most impressive bit of alcohol consumpti...
WIRTW #333 (the “firsts” edition)
By Jon Hyman
Big week of firsts for the Hyman family. First week at a new job for me . First week of third grade for Norah. And, it was the first day of ...
Cop loses big ADA verdict on a finding of no disability
By Jon Hyman
When is a disability not a disability? When an employer fires a difficult employee based on his inability to get along with his co-workers, ...
When the cat’s paw strikes retaliation
By Jon Hyman
What happens when a decision-maker acts with an innocent motive, but unwittingly carries out the retaliatory motive of a subordinate? Does t...
Even the lone wolf can establish protected concerted activity with today’s NLRB
By Jon Hyman
In Fresh & Easy Neighborhood Market (8/11/14) [pdf] , the NLRB held that an employee engaged in protected concerted activity merely by ...
Announcing a new beginning at Meyers Roman
By Jon Hyman
And to make an end is to make a beginning. ― T.S. Eliot According to my blogging service, this is my 2,000th post. While this milestone ...
WIRTW #332 (the “carpe diem” edition)
By Jon Hyman
There are lots of snippets of Robin Williams I could play. I chose this one . I'll see everyone Monday with some huge news. Here’s th...
When retaliation stands the test of time
By Jon Hyman
Often when we consider the issue of temporal proximity in a retaliation case , we examine it from the standpoint of whether temporal proximi...
Do not force employees to work during FMLA leave
By Jon Hyman
With technology making work-from-home more and more feasible, it is easier and easier for employees to work while "out" on an FMLA...
Apparently, “information security” is now an unfair labor practice
By Jon Hyman
In Fresh & Easy Neighborhood Market (7/31/14) [pdf] , the NLRB examined the following “Confidentiality and Information Security” policy...
You might want to reconsider if you send your FMLA forms via regular mail
By Jon Hyman
One of the very first things a lawyer learns in law school is the “mailbox rule.” This rule simply states that if a letter “properly direct...
WIRTW #331 (the “Rosie” edition)
By Jon Hyman
According to a recent report jointly published by the Pew Research Center and the Imagining the Internet Center , almost half (48%) of techn...
More on anticipatory pregnancy discrimination
By Jon Hyman
Every so often, I write a post that rankles some feathers. Yesterday’s was one such post. Recall that yesterday I discussed a case in which...
Beware the “anticipatory pregnancy” claim
By Jon Hyman
In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14) , a federal court asked the question of whether an employer could termin...
LinkedIn’s $6M FLSA settlement provides a good lesson to employers (updated)
By Jon Hyman
LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor i...
You cannot fire an employee who asks for time off for his pregnant wife's medical appointment
By Jon Hyman
One of the very first posts I ever wrote on this blog, all the back in May of 2007, detailed the EEOC’s then-recent publication of enforcem...
WIRTW #330 (the “be careful what you post” edition)
By Jon Hyman
You’d think that people would know better than to post a private conversations with one’s attorney over a public social network. Kaiser v. G...