WIRTW #388 (the “queen of all the world” edition)
I’ve decided that when I grow up, I want to be Norah. She has a pretty good life. Guess who’s added “new guitar” to the top of her Christm...
Archive: October 2015
It’s not illegal to give a negative job reference, but…
By Jon Hyman
When you receive a phone call from a company looking for information on a former employee that was a less than stellar employee, or worse, f...
Illustrating the importance of training your employees on the ADA
By Jon Hyman
By now you’ve likely heard the story about the blind college student denied service by a Cleveland-area bakery because she was accompanied ...
NLRB updates its policy memo on e-signatures for union petitions
By Jon Hyman
Earlier this year, the NLRB began accepting electronic signatures in support of an employee’s showing of interesting in support of a labor u...
Employers might not “like” this protected concerted activity decision
By Jon Hyman
Does the National Labor Relations Act protect the mere act of an employee clicking the “Like” button on Facebook? According to Triple D, LLC...
WIRTW #387 (the “most messed up” edition)
By Jon Hyman
If all of my musings of he past couple of year about the Old 97’s has piqued your interest, you can check them out in person, tomorrow (Sat...
More on marijuana and off-duty conduct laws
By Jon Hyman
The Browns still can’t beat the Broncos, and, it appears that Ohio’s proposed off-duty conduct law is a whole lot worse for employers than C...
Don’t call the whole thing off when negotiating IP rights with employees
By Jon Hyman
Tomaydo-Tomahhdo is a local sandwich shop, and a purveyor of damn fine paninis and wraps. As for litigation, let’s say its lunches are way b...
Ohio’s attempt at an off-duty conduct law creates many more problems than it solves
By Jon Hyman
It has become increasingly difficult to separate our private lives from our professional lives. Technology bleeds into every nook and cranny...
The other side of the coin on the appropriate response to harassment
By Jon Hyman
Last week I discussed the importance of a timely and effective remedial response by an employer to an employee’s harassment complaint. Toda...
WIRTW #386 (the “onion” edition)
By Jon Hyman
I’ve the reading the Onion for years. It’s consistently funny, often offensive, and seldom disappoints. Here’s some quick hits (all, surpri...
Compensable working time : FLSA :: Disability : Pre-2009 ADA
By Jon Hyman
Think back to when you took your SATs, many years ago—number-2 pencils, plastic school chairs and laminate-topped desks, florescent lights, ...
John Oliver on OSHA (and a not-so-subtle shout-out to my firm’s new OSHA blog)
By Jon Hyman
On this week’s Last Week Tonight , John Oliver gives OSHA a pass on its slack investigations of North Dakota oil field accidents . He blames...
Just because harassment is offensive doesn’t make it illegal
By Jon Hyman
Clifford Harris is a practicing member of the Voodoo religion. His co-workers at Electro-Motive Diesel often expressed their opinion about h...
Be careful what you email (yes, this is a lesson I need to keep repeating)
By Jon Hyman
Two USERRA posts within four days? What is this world coming to? In Arroyo v. Volvo Group North America (7th Cir. 10/6/15) , the appella...
WIRTW #385 (the “there’s no such thing as a free lunch…” edition)
By Jon Hyman
Retailer Urban Outfitters is trying to new strategy to staff its fulfillment centers for the holiday season. It’s asking its salaried employ...
A lesson on USERRA and military-status discrimination
By Jon Hyman
The Uniformed Services Employment and Reemployment Rights Act guarantees servicemembers the right to be free from discrimination in hiring, ...
Intermittent leave for exempt employees: the survey results
By Jon Hyman
Last week, I asked a simple question : should employer require salaried, exempt employees to take intermittent FMLA leave as unpaid leave, a...
Beware blanket exclusion policies under the ADA
By Jon Hyman
Nicholas Siewertsen, deaf since birth, sued The Worthington Steel Company, claiming that it discriminated against him when it banned him fro...
A stinker of an ADA lawsuit: employee claims illegal firing over excessive gas
By Jon Hyman
A New Jersey pork roll manufacturer is accused of unlawfully firing an employee because of his excessive flatulence in the office. The Huffi...
Announcing the launch of the Ohio OSHA Law blog
By Jon Hyman
It’s with tremendous pride that I announce the launch of the Ohio OSHA Law blog . It is the second labor and employment blog published by Me...
WIRTW #384 (the “survey” edition)
By Jon Hyman
Have you taken my survey on FMLA intermittent leave and salaried exempt employees? If not, click here , and answer two short questions. Let’...
Should you deduct from an exempt employee’s salary for intermittent FMLA? [survey]
By Jon Hyman
Suppose you have a salaried, exempt employee. You pay that employee a fixed weekly salary, regardless of the number of hours he or she works...