WIRWT #270 (the “… and the home of the brave” edition)
Have you seen the video of the National Anthem at last night’s Boston Bruins’s game? Do you want to get choked up watching 17,565 Bostonians...
There is no such thing as a “license to harass”
By Jon Hyman
To establish an unlawful hostile work environment, an employee must prove, among other factors, that the workplace was subjectively offensi...
SCOTUS: Picking off individual plaintiffs moots wage and hour collective action
By Jon Hyman
The pickoff is one of the most dramatic defensive plays in baseball. It can single-handedly kill a rally. The tying run on first? One deft...
Do you have a workplace emergency action plan?
By Jon Hyman
Yesterday’s tragedy in Boston has left me speechless. I’m frankly not sure what to say, other than I’m sick of these horrible events; what t...
A Muslim walks into a store… Corporate “Look Policies” and religious discrimination
By Jon Hyman
I’ve written before about the tension between companies’ preferences for how employees look and the religious freedoms of those employees ( ...
WIRTW #269 (the “roshambo” edition)
By Jon Hyman
On Wednesday’s edition of DriveThruHR , Dan Schwartz challenged me to a game of Rock-Paper-Scissors to determine, once and for all, who rei...
New bill seeks to extend comp time to private employers
By Jon Hyman
One question employers ask me all the time is whether they can provide employees comp time (extra time off) in lieu of overtime. For private...
Bald is beautiful … unless you’re a Hooters waitress after brain surgery
By Jon Hyman
Sandra Lupo took three weeks off from her job as a Hooters waitress for brain surgery. During her leave, her manager assured her that she wo...
28 days later? Passage of time justifies recertification of intermittent FMLA leave
By Jon Hyman
The FMLA permits an employer to “require that [an] eligible employee obtain subsequent [medical] re-certifications on a reasonable basis.” T...
A “wet one” renders him gay? 5th Circuit to reconsider same-sex harassment case
By Jon Hyman
In EEOC v. Boh Brothers Constr. Co. , ironworker Kerry Woods (male) asserted that his supervisor, Chuck Wolfe, subjected him to all of the ...
WIRTW #268 (the “… in a box” edition)
By Jon Hyman
One of the stops my wife and I made when we honeymooned in Ireland was the Irish Jewish Museum in Dublin. Because Ireland is not necessaril...
The results are in: social media password survey
By Jon Hyman
Last month, in response to the introduction of social media password legislation in the Ohio Senate , I posed a survey to gauge whether this...
Can you hear me now? Unilateral deafness is not an ADA disability
By Jon Hyman
I’ve long argued that 2009’s ADA Amendments Act changed the game for how employers defend disability discrimination cases. Because the ADAAA...
Deploy the Girl-Scout-cookie offensive to ward off labor unions
By Jon Hyman
NewsOK reports that some employers have started banning their employees from promoting their kids’ fundraisers at work. At least one story ...
Congress enacts the Americans with No Abilities Act
By Jon Hyman
According to a trusted news source , Congress has enacted the Americans with No Abilities Act: The act … is being hailed as a major victor...
WIRTW #267 (the “may the font be with you” edition)
By Jon Hyman
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...