Paying employees for accrued vacation upon termination—Yay or Nay?
One of the questions clients most frequently ask me is whether they have an obligation to pay employees for accrued, unused vacation days at...
WIRTW #265 (the “Ides of March” edition)
By Jon Hyman
Caesar: Who is it in the press that calls on me? I hear a tongue shriller than all the music Cry “Caesar!” Speak, Caesar is turn’d to hear....
Do employees have any privacy rights in personal emails sent from corporate accounts?
By Jon Hyman
Earlier this week, a story broke reporting that Harvard University surreptitiously viewed the work emails of 16 residential deans as part o...
Take a pregnant pause before firing that pregnant worker
By Jon Hyman
Two pregnancy discrimination settlements recently announced by the EEOC illustrate the added risk employers assume when firing a pregnant wo...
What do you do if you doubt an employee’s disability?
By Jon Hyman
An employee asks you for time off and other accommodations for anxiety attacks. Do you— Confirm her diagnosis and meet with her to decide ...
Are employers really asking for social media logins and passwords? [survey]
By Jon Hyman
Last month, I discussed the recently introduced Ohio Senate Bill 45 , which would prohibit employers “from requiring an applicant or employe...
WIRTW #264 (the “never go to work, part 2” edition)
By Jon Hyman
Marissa Meyers and her edict ending telecommuting at Yahoo continues to dominate the headlines. Here are the best articles from around the b...
Fight or flight? When an employee sues you, should you litigate or settle?
By Jon Hyman
Two weeks ago, the New York Times’s You’re the Boss Blog asked the following question: How do you handle employee litigation? Do you dig...
Who's the "knucklehead?" Employee loses retaliation claim after slurring co-worker
By Jon Hyman
The original "knucklehead" Noreen Wilson worked as a pharmacist for The Cleveland Clinic. From August 24 through November 4, 2...
Beware saying too much when engaging in pre-suit settlement negotiations
By Jon Hyman
Most lawsuits between employers and employees do not start out as lawsuits. They start out as conversations between the aggrieved employee...
Is an employer obligated to provide light duty to an employee returning from FMLA leave?
By Jon Hyman
Many employers use temporary light duty assignments to enable ill or injured employees to return to work before they are fully healed. In fa...
WIRTW #263 (the “never go to work” edition)
By Jon Hyman
I’m writing this week’s recap from the comfort of my home study, a fact that strongly suggests my opinion on Yahoo’s recent mandate prohibit...
New FMLA forms, posters, coming next week
By Jon Hyman
If you are an FMLA-covered business, you need to know that FMLA posters and forms you use are about to change. The U.S. Department of Labo...
How long is too long for an unpaid medical leave of absence? Not two weeks and a day.
By Jon Hyman
Unpaid medical leaves of absence are the bane of many employers. There should be little doubt that employers must consider an unpaid leave a...
Ohio attempts to ban employers from seeking social media passwords (take 2)
By Jon Hyman
Last week, seven Ohio democratic senators introduced Senate Bill 45 , which would prohibit employers “from requiring an applicant or employe...
Does social media change the meaning of “solicitation?”
By Jon Hyman
Consider the following scenario. Your company uses sales representatives to sell its products. To protect your company’s relationship with i...
WIRTW #262 (the “what would you do” edition)
By Jon Hyman
By now you’ve probably heard about the man who slapped crying toddler on an airplane after dropping an n-bomb on the child. In addition to ...
It’s your last chance … to avoid retaliation
By Jon Hyman
Last month, the EEOC announced a half-million dollar settlement with BASF Corporation. The agency alleged that BASF retaliated against a po...
Customer preference does not protect employers from race discrimination claims
By Jon Hyman
CNN reports that a Flint, Michigan, nurse is suing her hospitalbecause it kowtowed to a man’s request that no African-American employees ca...
Of storks and honesty—avoid shifting reasons when defending an employment decision
By Jon Hyman
“Norah doesn’t want to have babies when she’s older because she doesn’t want them cut out of her belly.” This is what my wife reports our si...
Obsessing (compulsively) over reasonable accommodations
By Jon Hyman
I grew up with a guy who really liked the Presidents of the United States (the actual Presidents, not the 90s alt-rock band ). He was so fon...
WIRTW #261 (the “lonely hearts club” edition)
By Jon Hyman
Since this is Valentine’s week, I thought I’d share of the best “workplace romance” themed posts I read this week: Don’t Break Hearts When...
We ♥ our phones, but should employees be paid for using them off-duty?
By Jon Hyman
True confession time. I have a Pavlovian response to the new message chime on my iPhone. I can’t help myself. When my phone beeps, I reach f...