Employers need to beware retaliation landmines
In Baker v. Windsor Republic Doors (6th Cir. 3/8/11) , the plaintiff claimed that his employer retaliated against him in violation of the A...
WIRTW #173 (the bird brain edition)
By Jon Hyman
We know spring is in the air in the southwestern suburbs of Cleveland because the robins are out in full flight. One of these robins must ha...
Coming soon to your bookshelf: HR and Social Media
By Jon Hyman
It’s no coincidence that Facebook’s founder was Time ’s 2010 Person of the Year. 2011 has become the breakout year for social media, as it c...
Has the ADA swallowed the FMLA for employee medical leaves?
By Jon Hyman
It’s likely that by now you know that the recently amended ADA is expansive enough to cover most medical conditions . If most medical condit...
Does GINA cover sexual orientation discrimination?
By Jon Hyman
Michael Haberman has a very interesting post at his HR Observations blog discussing whether the Genetic Information Nondiscrimination Act c...
FMLA coverage vs. eligibility: Employer notice and recordkeeping requirements
By Jon Hyman
Last week, we discussed the difference between employer coverage and employee eligibility in the calculus of determining when you must prov...
WIRTW #172 (the juxtaposition edition)
By Jon Hyman
These two stories came through my feed reader this week, and I thought that together they tell an interesting story: Why Is It So Hard to ...
When does 50 not equal 50?
By Jon Hyman
Most people think of “50” as the magic number for the FMLA. “Oh, we have 50 employees, so we now have to comply with the FMLA,” is a popula...
How far can a Cat’s Paw reach?
By Jon Hyman
Last month—in Staub v. Proctor Hosp. —the Supreme Court held that employers are liable for the discriminatory animus of managers and supervi...
What does Chicken Little teach us about social media policies?
By Jon Hyman
Last week, I had the pleasure of presenting a three-hour seminar on social media and employment law at the Labor & Employment Advances ...
Don’t give lip service to your harassment policy
By Jon Hyman
It’s one thing to have a harassment policy. In fact, you’d be hard-pressed in 2011 to find many businesses that don’t. It’s entirely another...
WIRTW #171 (the actual retail price without going over edition)
By Jon Hyman
Congratulations to Kristen ten Brink ( @onthe10brink on Twitter), who submitted the winning bid to Medical Costs Price Is Right: The act...
The punishment fits the crime – appropriate corrective action in harassment investigations
By Jon Hyman
An employer has an absolute obligation to investigate a complaint of harassment, and, where founded, take appropriate corrective action to s...
Today is the final Day for Medical Costs Price is Right
By Jon Hyman
Today is the last day to enter my little Medical Costs Price Is Right Contest ( official rules and pictures of the fabulous prize package he...
Reading the tea leaves: The Dukes v. Wal-Mart oral argument
By Jon Hyman
Today, the Supreme Court heard oral argument in Dukes v. Wal-Mart (transcript available here). Dukes will determine the propriety the certi...
Ohio House considering comp time bill (HB 61)
By Jon Hyman
One of the biggest wage and hour mistakes a company can make is assuming that it is legal to pay comp time in lieu of overtime for any hours...
The 5 most interesting things about the ADAAA Regulations
By Jon Hyman
Last Friday, the EEOC published its long-awaited (and hotly debated) regulations implementing the Americans with Disabilities Act Amendments...
WIRTW #170 (the “Come On Down” edition)
By Jon Hyman
There is still one week left to enter Medical Costs Price Is Right . The bids so far: $10,000 $62,000 $64,250 $92,750 $...
BREAKING NEWS: EEOC releases its final regulations interpreting the ADA Amendments Act
By Jon Hyman
Today, the EEOC made available to the public its final regulations interpreting the Americans with Disabilities Amendments Act (ADAAA). The ...
How soon is too soon to fire a complaining employee?
By Jon Hyman
More than three year ago, the 6th Circuit concluded that where an adverse employment action occurs very close in time after an employer lea...
File this one away: Supreme Court continues its trend of protecting complaining employees from retaliation
By Jon Hyman
Kasten v. Saint-Gobain Performance Plastics asks a very simple question: does the word “file” in the Fair Labor Standards Act’s anti-retali...
BREAKING NEWS: FLSA anti-retaliation provision covers oral complaints, per SCOTUS
By Jon Hyman
This morning, the Supreme Court held that the FLSA’s anti-retaliation provision includes oral, in addition to written, complaints. A co...