FMLA does not excuse poor performance
Earlier in the week, I discussed Tilley v. Kalamazoo , in which an employer took one on the chin for disciplining an employee for not doing ...
Archive: June 2016
Your employees are social media-ing at work, and there's not a damn thing you can do about it
By Jon Hyman
A recent survey conducted by the Pew Research Center confirmed what I have long thought. Your employees are using social media a work — 77 ...
FMLA leave means leave, period.
By Jon Hyman
FMLA leave means leave . That is, an employee exercising rights under the FMLA to take protected time-off from work must be relieved of th...
The attack on the NLRB's new joint-employer standard intensifies
By Jon Hyman
Last week was a good week for opponents of the NLRB’s new, and more liberal, joint-employer standard, announced last summer in Browning-Fe...
WIRTW #418 (the #OneForTheLand edition)
By Jon Hyman
I couldn’t see much at Wednesday’s Cavs victory parade. A late start + 1.3 million people + an unwillingness to wade into the masses = soaki...
Don’t forget about confidentiality when training your employees on social media
By Jon Hyman
I’m not getting Snapchat. Maybe I’ve finally found a social channel that doesn’t fit me. Or, maybe I’m just too late to the game. Or, mayb...
EEOC pushes NLRB to find common ground on workplace harassment
By Jon Hyman
It’s no secret that I’m not a fan of the NLRB’s expanded coverage of protected concerted activity. One area over which I’ve been particula...
On LeBron James and boomerang employees
By Jon Hyman
LeBron James is the world’s greatest boomerang employee. He left Cleveland for Miami in 2010, returned in 2014, and delivered The Land our p...
We are the Champions!
By Jon Hyman
Cleveland wakes up the this morning basketball champions of the world. While I’m not a native Clevelander, I’ve lived here long enough to un...
WIRTW #417 (the “virgin” edition)
By Jon Hyman
That time your boss caught you sleeping at work and took a selfie with you. Here’s the rest of what I read this week.
EEOC on pregnancy-related limitations and restrictions at work
By Jon Hyman
It’s been nearly a year since the EEOC updated its administrative guidance on pregnancy discrimination to account for the Supreme Court’s...
12 mistakes employers make in paying non-exempt workers
By Jon Hyman
Given that on December 1, 4.2 million exempt workers will transition to non-exempt status , it is timely that the Richmond Times-Dispatch ...
Philip Miscimarra is mad as hell, and you should be too!
By Jon Hyman
NLRB Member Philip Miscimarra is mad as hell about the Board’s current position on employee-handbook policies and protected concerted acti...
6th Circuit says illegal retaliation doesn’t meet threshold for constructive discharge. Wait, what?!
By Jon Hyman
Henry v. Abbott Laboratories (6/10/16) [pdf] is what I would call a curious case, and one that I plan to liberally use any time I’m defen...
WIRTW #416 (the “420”) edition
By Jon Hyman
Earlier this week, Governor Kasich legalized medical marijuana in Ohio . The law takes effect in early September. Ohio becomes the 25th s...
D.C. Office of Human Rights publishes best practices guide for employers on transgender rights
By Jon Hyman
The District of Columbia Office of Human Rights, in connection with the National LGBTQ Task Force, recently published a 19-page best pract...
Are ban-the-box laws actually causing more racial discrimination?
By Jon Hyman
I read with great interest an article on vox.com, entitled, “Ban the box” might just replace one kind of discrimination with another . The...
What you need to know about EEOC’s proposed national-origin-discrimination guidance
By Jon Hyman
I had a post prepared in my brain about the EEOC’s recently published proposed Enforcement Guidance on National Origin Discrimination . An...
A dramatic retelling of an NLRB protected concerted activity decision
By Jon Hyman
Last week, the NLRB decided Dalton Schools, Inc. [pdf] , in which the Board unanimously determined that a private school unlawfully termina...
WIRTW #415 (the “CB + TMR = 😊”) edition
By Jon Hyman
That time you walked into Third Man Records before the Courtney Barnett show and ran into Courtney Barnett. A photo posted by Jon...
You have the right to replace striking workers, right?
By Jon Hyman
Labor unions and the employees they represent have the right to strike. To combat the economic pressure of that labor stoppage, employers ...
7th Circuit surprises by siding with NLRB on arbitration agreements
By Jon Hyman
It’s been two and a half years since the 5th Circuit, in D.R. Horton , rebuked the NLRB’s prohibition on mandatory arbitration clauses. Si...