WIRTW #267 (the “may the font be with you” edition)
I’m a font geek. When I read a brief that has been drafted in Times New Roman, I get mad. It’s lazy, I think, to use a font just because you...
A cautionary tale on what happens when you botch a litigation hold
By Jon Hyman
All the way back in October 2010, I provided 10 tips for issuing an effective litigation hold . What happens, however, if your litigation ho...
More on retaliation for firing after complaints of third-party discrimination
By Jon Hyman
Yesterday’s post on #Donglegate — the firing of Adria Richards after she tweeted her displeasure at the off-color jokes told by a pair of ...
Should employers be liable for conduct they cannot control? Fired for tweeting about third-party misconduct
By Jon Hyman
While attending a conference, Adria Richards became offended by two attendees sitting behind telling inappropriate jokes. So, she tweeted ...
6th Circuit holds that an insurer’s “special investigators” are exempt administrative employees
By Jon Hyman
One of the most difficult issues employers face under the wage and hour laws is properly classifying employees under the “administrative” ex...
WIRTW #266 (the “Reader is dead … long live Feedly” edition)
By Jon Hyman
Today, I’m going to break down the 4th wall. To the outside observer, these weekly Friday roundups appear incredibly time consuming to compi...
How NOT to respond to a harassment complaint
By Jon Hyman
An employee walks into your office and makes the following statement: “During my interview for a promotion, the CEO asked me about Asian mas...
Accommodating disabled job applicants is no game
By Jon Hyman
When we think of employers’ reasonable accommodation obligations under the ADA, we usually think in terms of accommodating current employees...
At least we’re not France
By Jon Hyman
I like France. I like French fries, French toast, and French wine (although not necessarily all at the same time). Today, I have another rea...
See Me, hear me: Upcoming speaking engagements
By Jon Hyman
Every now and then, I like to update everyone where you can see or hear me wax poetically on all things employment law. Let’s start with to...
Paying employees for accrued vacation upon termination—Yay or Nay?
By Jon Hyman
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...