6th Circuit disables the “cat’s paw” in ADA cases (for now)
Earlier this month, in Staub v. Proctor Hospital , the Supreme Court upheld the cat’s paw doctrine in discrimination cases. While Staub was...
Quicken Loans beats multi-million dollar overtime claim
By Jon Hyman
The Department of Labor may not be the most hospitable place for employers these days. Federal juries, however, can prove to be just the opp...
WIRTW #169 (the madness edition)
By Jon Hyman
If you wonder why office productivity sinks like a rock for the next two weeks, look no further than all of your employees checking their br...
What does St. Patrick have to do with human resources?
By Jon Hyman
Legend tells us that in the 5th century, St. Patrick banished all snakes from Ireland. In honor of the day that celebrates Ireland’s patron...
Telecommuting employees raise special wage and hour issues
By Jon Hyman
At Overlawyered, Walter Olson asks whether telecommuting is the next wave of wage and hour litigation. He might have a point. Some ...
Time to play Medical Costs Price is Right
By Jon Hyman
As many of you know, last month my son spent 19 days in the Cleveland Clinic. Now that he is home and, most importantly, healthy, I thought ...
Understanding the legal issues of the NFL labor problems
By Jon Hyman
At 11:59 p.m. Friday night, the collective bargaining agreement between the NFL and the NFLPA expired, and the owners locked out its player...
WIRTW #168 (the Tiger blood … Winning … Whatever … edition)
By Jon Hyman
My god, I tried to avoid Charlie Sheen this week. Yet, here’s my fourth Sheen-related post in the last four days. I guess you can’t avoid th...
I love it when I’m right: Charlie Sheen sues for disability discrimination
By Jon Hyman
Hot off the presses, TMZ has a copy of the lawsuit Charlie Sheen filed against Chuck Lorre and Warner Brothers. And, as I discussed Tuesday...
EEOC to review “significant regulations”; do you smell trouble?
By Jon Hyman
According to the EEOC , it is “beginning a new, periodic retrospective review of its existing significant regulations to determine whether a...
Charlie Sheen and the National Labor Relations Board
By Jon Hyman
Do you remember Dawnmarie Souza? She was the employee on whose behalf the NLRB issued a complaint (which it later settled ), claiming that ...
Does CBS “regard” Charlie Sheen as disabled under the ADA?
By Jon Hyman
Yesterday, CBS finally pulled the plug on Charlie Sheen. I go back and forth whether he’s legitimately off his rocker, or he’s pulling off a...
Follow these 6 easy steps to avoid harassment and retaliation liability
By Jon Hyman
Do you want to avoid harassment and retaliation liability at your company? Here are six easy steps to follow: Have a sexual harassment ...
WIRTW #167 (the fable-ulous edition)
By Jon Hyman
Earlier this week, the Supreme Court issued what I believe will end up being one the most significant employment decisions of the last decad...
Are businesses really asking for age on employment applications?
By Jon Hyman
I came across an article yesterday on The Huffington Post which says that many large retailers are requiring job applicants to disclose the...
Listen to your lawyer! (It might save you money)
By Jon Hyman
Pure Energy sought an opinion from its labor and employment counsel whether its practice of paying its employees a day rate for all hours wo...
There’s No Place Like Home
By Jon Hyman
After 19 days, 2 procedures, 2 N/G tubes, 1 PICC line, 3 x-rays, 3 ultrasounds, dozens of needle sticks and blood draws, 1 blood transfusion...
The “cat’s paw” lives: Supreme Court issues broad victory for employees in Staub v. Proctor Hospital
By Jon Hyman
This morning, the Supreme Court issued its decision in Staub v. Proctor Hospital , which asked whether the “cat’s paw” is a valid theory of ...
Does your lawyer know Facebook?
By Jon Hyman
Last week, Forbes.com’s privacy blogger, Kashmir Hill, asked her readers a very simple question, does your lawyer know how to use Facebook? ...
WIRTW #166 (the light at the end of the tunnel edition)
By Jon Hyman
You might not know what the above is a picture of, but to me it’s a picture of me sleeping in my own bed every night, and having my family...
Can a boss’s abusive conduct qualify as retaliation?
By Jon Hyman
Title VII does not require that one suffer a job loss to claim retaliation. Instead, Title VII’s anti-retaliation provision protects agains...
Repeated calls from supervisor to employee on medical leave violates FMLA
By Jon Hyman
What is the line between checking on a sick employee and harassing a sick employee to return to work early? Terwilliger v. Howard Mem. Hosp....
The Internet is a dangerous place for human resources
By Jon Hyman
The Internet is a fabulous resource for businesses. For example, I could conduct a Google search for “social media policy” and fine some wo...
Oh my god, they're really alive!
By Jon Hyman
We found this when we returned to our little guy's room after a walk. We love the peds staff at the Clinic.
Patrice O’Neal on sexual harassment (NSFW)
By Jon Hyman
Today is President’s Day (no, this post is not a dated Bill Clinton joke). The courts are closed. The banks are closed. There’s no mail. And...