Top 10 Labor & Employment Law Stories of 2009: Numbers 10 and 9
Today, I continue a tradition that I started last year – using the week between Christmas and New Year’s to count down the top 10 Labor ...
Expansion and extension of COBRA subsidy
By Jon Hyman
President Obama has enacted legislation that both expands and extends the original federal COBRA subsidy created by the American Recovery an...
Do you know? 10 tips for drafting a workplace electronic communications policy
By Jon Hyman
Does your business have an electronic communications policy? Last week, Bowman v. Butler Township provided a gentle reminder of why your bu...
Honest belief wins out over dishonest conduct in FMLA retaliation case
By Jon Hyman
The facts of Weimer v. Honda of Am. (6th Cir. 12/14/09) [pdf] are straight forward. James Weimer requested FMLA leave from Honda after inj...
WIRTW #108
By Jon Hyman
The big news of the week is the U.S. Supreme Court’s decision to hear the appeal in Quon v. Arch Wireless . The issue in that case is whethe...
AT&T sued for a BILLION dollars in a wage and hour dispute
By Jon Hyman
MSNBC reports that multiple class actions have been filed against AT&T claiming that it misclassified as exempt all of its first-level ...
How to properly terminate an at-risk employee
By Jon Hyman
Employees often believe that an employee’s exercise of a protected right acts as a shield to protect the employee from termination. And ofte...
Why you need a workplace technology policy
By Jon Hyman
While doing some routine maintenance of its computer system, Butler Township discovered that members of its fire department – including part...
Do you know? Recertification of FMLA leave
By Jon Hyman
Asking an employee taking leave under the FMLA to recertify the need for the leave is a powerful tool employers can use to curb FMLA abuse. ...
Truck drivers with positive drug tests should not file lawsuits … period.
By Jon Hyman
Consider these facts: A city garbage truck driver is injured on the job. When he goes to the ER for treatment, a blood test reveals...
WIRTW #107
By Jon Hyman
Tiger Woods Tiger Drives Home a Lesson: Be Careful with Voice Mails – via Mindy Chapman’s Case in Point. And In...
Ethics vs. Law: discrimination on the basis of political beliefs
By Jon Hyman
Interesting article by the New York Times ’s resident ethicist, Randy Cohen (from the 12/6/09 Sunday Magazine) on whether a company can ethi...
Department of Labor, and its Wage and Hour Division, set 2010 regulatory agenda
By Jon Hyman
This week, the Department of Labor is hosting a series of live chats through its website. The goal is to outline and discuss the DOL’s regul...
Do you know? Employee witness statements
By Jon Hyman
Last week I discussed opposing counsel’s ability to interview your company’s current and former employees , even during active litigation. T...
Golfer tests limits of ADA and performance enhancing drugs
By Jon Hyman
Last month, Doug Barron became the first golfer suspended by the PGA for failing a drug test. Shortly thereafter, he sued the PGA, claiming ...
WIRTW #106
By Jon Hyman
Workplace Technology Issues On whether emails sent by an employee to his or her attorney using an employer’s email system is prote...
Are Christmas closings discriminatory?
By Jon Hyman
HR Review, a British HR website, asks the following question: “ Is closing office for Christmas ‘indirect discrimination’? ” For example, ...
Cleveland bans discrimination based on gender identity and expression
By Jon Hyman
Cleveland’s city ordinances already prohibit employment discrimination based on sexual orientation. As of this week, you can add “gender ide...
Do you know? Opposing counsel may have access to your employees during litigation
By Jon Hyman
Businesses often think that once litigation is filed, their employees are off limits to the other side, absent a deposition subpoena. After ...
Court orders forensic examinations of defendant's hard drives to remedy discovery abuses
By Jon Hyman
Although it's hard to tell from the opinion, it’s safe to assume that Bennett v. Martin (Ohio Ct. App. 11/24/09) [PDF] started out lik...
WIRTW #105
By Jon Hyman
I broken this week’s post holiday review into categories. I figured I’d make it easier for everyone to follow in their post-Turkey and pumpk...
Insurance company pulls disability benefits over Facebook photo
By Jon Hyman
A Canadian woman has lost her disability benefits because of photos pasted on Facebook. Cleveland.com has the details : A Canadian woma...
Do you know? H1N1 and employees’ leave rights
By Jon Hyman
The Department of Labor has published two guides for employers trying to navigate H1N1 and employees’ leave and pay rights (both PDFs): ...
What to look for in an employment lawyer
By Jon Hyman
I presented last week at a marketing group I recently joined. In briefly speaking about who I am and what I do, it got me thinking about wha...
WIRTW #104
By Jon Hyman
This week’s review starts with a bunch of recent reports and statistics that shed some light on employment practices: Paul Secunda...
OSHA offers Black Friday guidance for retailers
By Jon Hyman
Planning to hit next week’s Black Friday sales? Hoping to avoid being trampled like a Pamplona encierro? Luckily for you, our Department of...
GINA takes effect Saturday, November 21
By Jon Hyman
Next week, we will all gather around the dining room table and share what we are thankful for. Next week also brings employers something tha...
Do you know? Reliance on DOL opinions
By Jon Hyman
Do you know that it is an absolute defense to a wage and hour claim that you relied on a written opinion of the Department of Labor in makin...