Employers can no longer count on private arbitration when sexual harassment is on the docket
Employers love arbitration agreements. They keep disputes private and out of court. Unless, that is, sexual harassment is in the case. An Oh...
Archive: March 2026
The Supreme Court lowered the bar. Employers should take notice.
By Jon Hyman
Last year, in Muldrow v. City of St. Louis , SCOTUS rewrote what counts as an "adverse employment action" under Title VII. The old...
The 3rd nominee for the Worst Employer of 2026 is … The Dead Baby
By Jon Hyman
Some cases hit harder than others. This is one of them. A Hamilton County, Ohio, jury just tagged Total Quality Logistics with a $22.5 milli...
Employers can't outsource discrimination to an algorithm
By Jon Hyman
AI is new and shiny. Employment law is not. Mobley v. Workda y proves the point. The court concluded that employers don't get to outsour...
WIRTW #793: the 'Waterloo Sunset' edition
By Jon Hyman
Last Friday in Covent Garden, a street performer pulled me into his act. "Where are you from?" "America." The boos came ...
Lawsuits aren't lottery tickets. Or at least they shouldn't be.
By Jon Hyman
Too often, plaintiffs' lawyers file thin, borderline frivolous employment claims hoping for a quick nuisance-value settlement. The math ...
5 steps for an employer to win an off-the-clock overtime claim
By Jon Hyman
Jerry Merritt, an agency manager for the Texas Farm Bureau, claimed 816 hours of unpaid overtime. Even assuming he had been misclassified as...
Bribery scandals don't start with bad employees; they start with bad culture
By Jon Hyman
When a bribery scandal hits a company, the corporate response is almost always the same: These were bad employees acting on their own. Maybe...
WIRTW #792: the 'CBC' edition
By Jon Hyman
Happy staff brew better beer. It's obvious when you think about it. A team that feels respected, valued, and heard shows up differently....
A dollar saved, a tip credit destroyed
By Jon Hyman
Sometimes a case turns on complex legal questions or convoluted fact patterns. Other times it turns on something far simpler—like a single d...
There are no “quick favors” in wage-and-hour law
By Jon Hyman
"Can you just help with this for a minute?" That's how off-the-clock cases start. Not with an intent to steal wages, but with ...
Litigation is a strategy, not a reflex
By Jon Hyman
When an employee walks out the door holding your company's stuff hostage, you have two problems: (1) your property, and (2) the story yo...
The EEOC can't repeal Bostock, but it's sure trying
By Jon Hyman
The EEOC just voted 2–1 to hold that federal agencies may restrict bathrooms and other "intimate spaces" based on biological sex —...