WIRTW #320 (the "did you hear the one about…?" edition)
After the week I’ve had, I think some humor is in order. Apparently, I’m not the only one. This article from the Wall Street Journal sugges...
EEOC continues fight against severance agreements,while employers fight back
By Jon Hyman
Earlier this year, I reported on a groundbreaking lawsuit the EEOC filed against CVS challenging as retaliatory some garden-variety provisio...
How flexible are our modern workplaces?
By Jon Hyman
As I type, I’m 30,000 feet above Pennsylvania, flying to see my dad, who’s waiting in the hospital for surgery. As you read, i’m probably si...
Potty mouthed employees
By Jon Hyman
Most non-union employees are at-will, which means you can fire them for any reason, good, bad, or for no reason at all (as long as some othe...
The NLRB is looking to overturn email solicitation rules
By Jon Hyman
In Register Guard , the NLRB held that an employer’s solicitation or other communication policy can lawfully bar employees’ non-work related...
WIRTW #319 (the “photocopier” edition)
By Jon Hyman
Do you want to lose credibility, either as a lawyer or a witness? Spend seven minutes during a deposition arguing over the meaning of “photo...
With workplace social media, don’t be like Nero
By Jon Hyman
Legend tells us that Nero sat and played his fiddle while Rome, the capital of his empire, burned. Sadly, according to a recent survey, Soci...
Your corporate message against discrimination must start at the top
By Jon Hyman
By now, you’ve likely read about Donald Sterling, the now-banned owner of the Los Angeles Clippers, caught on tape by his ex-girlfriend maki...
No good comes from asking medical-related questions during interviews
By Jon Hyman
Sjöstrand v. The Ohio St. Univ. (6th Cir. 4/28/14) [pdf] is an ADA case, but not an employment case. It involves a graduate school applica...
NLRB judge says employee cannot require its employees to disclaim social media posts
By Jon Hyman
The postings on this site are my own and do not necessarily represent the postings, strategies or opinions of The Kroger Co. family of stor...
WIRTW #318 (the “billion” edition)
By Jon Hyman
This week, Facebook announced that it has more than a billion mobile users per month. From The Verge : The company reported 1.28 billion m...
Revisiting the misnamed and misunderstood term "wage theft"
By Jon Hyman
Yesterday, on his always excellent Connecticut Employment Law Blog, Dan Schwartz wrote a post entitled, “Wage Theft”: The Trendy Phrase That...
6th Circuit recognizes telecommuting as an ADA reasonable accommodation
By Jon Hyman
In Core v. Champaign County Board of County Commissioners , the U.S. District Court for the Southern District of Ohio opined that telecommut...
When an employee can’t return to work after an FMLA leave
By Jon Hyman
The plaintiff in Demyanovich v. Cadon Plating & Coatings (6th Cir. Mar. 28, 2014) suffered from congestive heart failure. He returned...
Would you rather hire a liar or a criminal?
By Jon Hyman
According to a recent survey conducted by background-screening company EmployeeScreenIQ , resume lies are more of a deal breaker for employe...
WIRTW #317 (the “crash landing” edition)
By Jon Hyman
Even though we are only in the third week of April, I am ready to declare that we have already seen the social-media #fail of 2014. From Fox...
Why you need employee-invention and IP agreements
By Jon Hyman
Taco Bell is defending claims by two former interns that they invented the Doritos taco nearly 20 years ago. They now want to be paid part o...
What happens when an HR investigation is staged … and filmed for a beer commercial?
By Jon Hyman
This. “Do you always wash your hands after using the restroom? … Have you ever told a coworker you like her outfit? … Do you use your work...
Hypothetical violations doom employer confidentiality policy
By Jon Hyman
A few months ago I posted on the NLRB’s veto of a workplace confidentiality policy . Late last month, the 5th Circuit court of appeals ruled...
It's illegal to ask employees to give up overtime payments
By Jon Hyman
If a non-exempt employee works more than 40 hours in a work week that employee is entitled to overtime at the required rate of 1.5 times th...
WIRTW #316 (the “en francais” edition)
By Jon Hyman
From Mashable : Employers’ federations and two unions in France signed a “new, legally binding” labor agreement on Thursday that encourage...
6th Circuit sends strong signal to EEOC in affirming dismissal of systemic lawsuit
By Jon Hyman
Last January, a Cleveland federal-court judge dismissed a race discrimination lawsuit brought by the EEOC against Kaplan Higher Learning. ...
Has workplace drug testing gone to pot with legalized marijuana?
By Jon Hyman
Late last year, I asked the following question: Can an employer fire an employee who tests positive for legally prescribed marijuana? It a...
Differences of opinion show why we need ENDA
By Jon Hyman
In response to last Tuesday’s post on an Ohio case refusing to protect “sexual orientation” under Ohio’s sex-discrimination laws, EEOC Comm...
It’s okay to “gossip” in the workplace, as long it’s not “negative,” says the NLRB
By Jon Hyman
Earlier this year , I noted that the NLRB is starting to examine workplace gossip policies. Last week, the NLRB reminded us of the importanc...
WIRTW #314 (the “pale force” edition)
By Jon Hyman
Meet my new best friend, the very funny Jim Gaffigan , pictured with my other best friend (my wife) and me: Here’s the rest of what I read...
If you don't want anti-bullying legislation, give me a “Hell Yeah!”
By Jon Hyman
Bullying in the workplace isn’t illegal, unless it’s bullying because of some protected characteristic (sex, race, etc.). Yet, just because ...
Social-cultural discrimination does not equal race discrimination
By Jon Hyman
Does a policy that prohibits employees from wearing dreadlocks discriminate against African-Americans? According to one federal court, in EE...