WIRTW #368 (the “let's go Cavs” edition)
It’s t-minus six days until championship fever sweeps the most victory-starved city in America. Let’s go Cavs! A photo posted by Cl...
Archive: May 2015
A lesson on the importance of uniformity in performance standards
By Jon Hyman
Under the ADA, and employer can require all employees, including disabled employees, to meet minimum qualification standards. According to t...
“You’re late again!” “Talk to my lawyer.”
By Jon Hyman
I’m timely to a fault. I hate being late, and go to great lengths to ensure that I am never tardy for anything. I think it’s annoying to tho...
Putting together the puzzle on off-duty emails and overtime
By Jon Hyman
Employers, I can see the writing on the wall, and it’s not looking good for your continued reliance on your non-exempt employees using their...
New poll reveals continued risk in Googling job applicants
By Jon Hyman
According to a recently published Harris Poll , 52 percent of employers use social media to research job candidates. This number is up from ...
Employment Law Blog Carnival: The “Wreck of the Old 97” Edition #ELBC
By Jon Hyman
On September 27, 1903, the Old 97, a Southern Railway mail train running between Washington DC and Atlanta, Georgia, derailed near Danville,...
Some thoughts on arbitration agreements for employees
By Jon Hyman
Recently, the Cuyahoga County Court of Appeals stymied an attempt by an employer to enforce an arbitration agreement against an employee. Th...
“FMLA” is not a magic word
By Jon Hyman
Does an employee have to invoke the letters “F-M-L-A” for an employer to offer it? Or, what if an employer fires an employee who misses work...
WIRTW #367 (the “warped” edition)
By Jon Hyman
In my never-ending quest to retire from law and manage my daughter’s burgeoning music career full-time, I bring you highlights from last wee...
NLRB offers some good news for franchisors, or does it?
By Jon Hyman
We are in the middle of class war in America, and your local fast-food restaurant is ground zero. Workers are fighting for higher wages and ...
NLRB judge strikes down termination based on HIPAA violation
By Jon Hyman
HIPAA. Five letters that strike fear into the heart of anyone that handles employee medical information. That is, anyone except an NLRB judg...
John Oliver tackles paid medical leave
By Jon Hyman
Is it time for America to catch up to the rest of the world and offer paid family leave to our employees? Perhaps the best argument in favor...
Did the 6th Circuit just gut the honest-belief rule?
By Jon Hyman
The only fight I’ve even been in was in 4th grade. For reasons that I can’t remember, Yale Weinstein and I squared off in the schoolyard of ...
WIRTW #365 (the “en français” edition)
By Jon Hyman
One of the curricular pieces I love about my kids’ school is that they start foreign language in kindergarten. My daughter, Norah, is now in...
OSHA chimes in on transgender bathrooms
By Jon Hyman
OSHA is no stranger to regulating workplace bathrooms . Now, Employment Law 360 [sub. req.] reports that OSHA and the National Center for T...
Is hiring for “digital natives” age discrimination?
By Jon Hyman
Let’s say you’re looking to fill a position at your company that requires a certain degree of technical proficiency. Or, you just want to ma...
Failure to accommodate may not equal retaliation, says federal court
By Jon Hyman
In Neely v. Benchmark Family Services (S.D. Ohio 4/21/15) , the plaintiff claimed that his employer retaliated against him for failing to a...
Let’s start treating salaried workers like salaried workers
By Jon Hyman
I’ve been thinking a lot lately about what it means to be a salaried exempt employee. The classification is significant, because it enables ...
WIRTW #366 (the “same-sex marriage” edition)
By Jon Hyman
Earlier this week, the U.S. Supreme Court heard oral argument in Obergefell v. Hodges , one the Court’s most anticipated cases in years, whi...