Justice Department takes a stand in favor of LGBTQ discrimination
LGBTQ prohibitions continue to make headway in the courts. While Congress has remained silent on the issue, more and more state and federa...
WIRTW #469 (the “rock the lot” edition)
By Jon Hyman
Do you like beautiful Ohio summer sunshine, delicious food-truck cuisine, and sweet rock ‘n’ roll music? If you answer “who doesn’t,” ...
Treat harassment by non-employees no differently than harassment by employees
By Jon Hyman
Consider the following lawsuit the EEOC filed against a California senior-care provider: The civil rights agency found that Rashon Stu...
The 14th nominee for the “worst employer of 2017” is … the horny head of HR
By Jon Hyman
The 14th nominee for the worst employer of 2017, on which you'll be voting at year's end, is perhaps the worst HR exec ever. If sh...
OSHA, what say you about Michael Phelps vs. Shark?
By Jon Hyman
This week is S hark Week on the Discovery Channel. And the marquee event of this year's Shark Week was Olympic swimmer Michael Phelps ...
Court rules that religious accommodation request is not protected activity for retaliation claim
By Jon Hyman
A Minnesota federal court has ruled that an employee’s request for a religious accommodation did not qualify as protected activity to supp...
WIRTW #468 (the “big in Japan” edition)
By Jon Hyman
True story. While trekking between San Francisco’s Coit Tower and Lombard Street, we passed a group of Japanese tourists exiting their bus. ...
This is what the interactive process is supposed to look like
By Jon Hyman
Last week, Donovan turned 9. Since we were in California during his birthday, we’ve had a bit of a delayed celebration back home. Since D-ma...
The (high) times they are a changin’: medical marijuana and disability discrimination
By Jon Hyman
In what is believed to be the first decision of its kind, the Massachusetts Supreme Judicial Court has allowed an employee to pursue a dis...
A reminder that any employee can sue you at any time
By Jon Hyman
Another obvious lesson Today’s lesson may seem obvious, but it is one worth repeating: any employee, no matter the on-the-job misconduc...
What I learned on my summer vacation
By Jon Hyman
Saturday evening my family and I returned from our two-week California vacation. Five nights in Los Angeles, two in Paso Robles (if you ever...
WIRTW #467 (the “here we are now, entertain us” edition)
By Jon Hyman
Last Saturday, Norah’s band, the Major Minors, played to a packed courtyard outside the legendary Grog Shop . And boy did the crowd have a ...
Ohio looks to put enforcement muscle behind workplace concealed carry law
By Jon Hyman
It’s been six months since Ohio made it illegal for employers to prohibit employees (or anyone else for that matter) from storing a firea...
More on why holding lawyers liable for retaliation to a client's employee is the worst idea
By Jon Hyman
Yesterday’s post discussing Arias v. Raimondo as the worst employment-law decision of 2017 was way more controversial than I imagined....
Is this the worst employment law decision of 2017?
By Jon Hyman
I’ll be vacationing in California with my family the first two week of July. After reading the 9th Circuit’s decision in Arias v. Raimond...
The 13th nominee for the “worst employer of 2017” is … the racist boss
By Jon Hyman
I couldn’t describe the 13th nominee for the worst employer of 2017 any better than CNN did in its story about this (alleged) peach of a ...
WIRTW #466 (the “solo” edition)
By Jon Hyman
I gotta give my girl credit. She’s got cohones (especially at the age of 11). Through a casual exam-chair conversation with her orthodontist...
Reporting harassment down is no trigger for employer action, says 6th Circuit
By Jon Hyman
Employers have a legal obligation to investigate known sexual and other unlawful harassment, and exercise reasonable care to prevent and ...
6th Circuit grants EEOC broad subpoena powers
By Jon Hyman
The Witch: I’m not a witch! I’m not a witch! Sir Bedevere: But you are dressed as one The Witch: *They* dressed me up like this! Cro...
The 12th nominee for the “worst employer of 2017” is … the parental stereotyper
By Jon Hyman
Last week, Derek Rotondo, a dad of two young children, filed a sex discrimination charge with the EEOC against his employer of seven year...
The 11th nominee for the “worst employer of 2017” is … the pregnant pause
By Jon Hyman
The EEOC has taken a judgment of $118,483 against a New jersey debt collection firm in a pregnancy discrimination case. Why? Because the f...
WIRTW #465 (the “gimme a break” edition)
By Jon Hyman
Next week, I am taking a much needed break, as I will be out of the office. I’ll see everyone back on June 19. Of course, now that I’ve co...
DOL pulls Obama-era guidance on joint employment and independent contractors
By Jon Hyman
The past two years have been busy for the Department of Labor’s Wage and Hour Division. One can directly track a large part of its busy wo...
Next up on the EEOC’s radar: age discrimination
By Jon Hyman
This year, the Age Discrimination in Employment Act turns 50. Which means the law itself has been protected from age discrimination for a ...
R-E-S-P-E-C-T (just a little bit)
By Jon Hyman
I ain’t gonna do you wrong while you’re gone Ain’t gonna do you wrong ‘cause I don’t wanna All I’m askin’ Is for a little respect – Ar...
A contrary (and common sense) appellate view on rude employees and the NLRA
By Jon Hyman
It’s been six weeks since I reported on NLRB v. Pier Sixty , in which the 2nd Circuit Court of Appeals held that the National Labor Relat...
WIRTW #464 (the “school’s out…” edition)
By Jon Hyman
One of the elements of my kids’ school that I like most is that the curriculum provides many opportunities for public speaking at every grad...
The importance of an anti-harassment culture
By Jon Hyman
I came across an interesting article at the Harvard Business Review— The Omissions That Make So Many Sexual Harassment Policies Ineffectiv...
When is a settlement not a settlement? FLSA
By Jon Hyman
When you settle a lawsuit with an employee, you are bargaining for finality. You are paying that employee to resolve all disputes between...
6th Circuit joins the battle over class-action waivers
By Jon Hyman
There has been much judicial and administrative ink spilled over the past few years over whether the National Labor Relations Act permits...
WIRTW #463 (the “so special” edition)
By Jon Hyman
This weekend is a big one for Norah. Today, she graduates from 5th grade and walks across the quad to become a middle schooler. And tomorrow...
When equal pay is not “equal” pay
By Jon Hyman
The Equal Pay Act requires that an employer pay its male and female employees equal pay for equal work. The jobs need not be identical, bu...
Federal court breaks new ground with transgender disability discrimination claim
By Jon Hyman
The ADA expressly excludes from its coverage “transvestism, transsexualism, … [and] gender identity disorders not resulting from physical...
I still despise the misnamed and overused phrase “wage theft”
By Jon Hyman
Writing at Inc.com , Suzanne Lucas (aka Evil HR Lady ) reports on a study published by the Economics Policy Institute , which says that e...
The National Labor Relations Act protects the rights of non-employees under other statutes‽
By Jon Hyman
In MEI-GSR Holdings, LLC (5/16/17) [pdf] , a two-member majority of the National Labor Relations Board held that an employer violated se...
WIRTW #462 (the “those were the days” edition)
By Jon Hyman
I write a lot about music (particularly for a legal blog), which means that if you are any sort of regular reader, you read a lot about musi...
The 10th nominee for the “worst employer of 2017” is … guess who?
By Jon Hyman
Let’s play a game. Close you eyes and imagine. Imagine you’re the CEO of a company. And let’s also imagine your VP of HR is investigating ...
Is your non-compete agreement killing a fly with a sledgehammer?
By Jon Hyman
At least half of my legal practice is serving as outside labor-and-employment counsel for small to midsize businesses. And, increasingly, ...
A better take on what creates a hostile work environment
By Jon Hyman
Last week, I nominated Target Corporation and MarketSource for the worst employer of 2017 , because they ignored the approximately 10 inc...
WannaCry? Then ignore cybersecurity
By Jon Hyman
Friday, the largest cyber-attack in history hit 150 different countries . The ransomware, known as WannaCry, infects via a link in a malic...
WIRTW #461 (the “Nörha’s School of Music” edition)
By Jon Hyman
I love my kids’ school. Each year, the 5th grade math class ends with what is known as the “Million Dollar Project.” Each student is given a...
Critical employer law reforms move forward in Ohio House
By Jon Hyman
Yesterday, Ohio House Bill 2 , favorably reported out of the House Economic Development, Commerce, and Labor Committee. This is the importa...
The 9th nominee for the “worst employer of 2017” is … the harassment ignorer
By Jon Hyman
I was going to blog this morning about President Trump’s firing of FBI Director James Comey , and how, if you’re a CEO, and your company i...
Celebrating a decade of the Ohio Employer’s Law Blog
By Jon Hyman
This is why it matters who runs the NLRB
By Jon Hyman
In NLRB v. J. Weingarten, Inc. , the U.S. Supreme Court held that employees covered by a collective bargaining agreement may request the...
WIRTW #460 (the “my favorite week of the year” edition)
By Jon Hyman
This week is my favorite week of the year, because five nights from now I’ll be standing front and center at the Beachland Ballroom watchin...
6th Circuit says you can’t spell “cat’s paw” without F-M-L-A
By Jon Hyman
It’s been six year since the Supreme Court decided, in Staub v. Proctor Hosp. , which validated the “cat’s paw” as a valid theory of liabi...
10 key elements of any data security policy to safeguard your company
By Jon Hyman
Yesterday, I told you that small businesses (less than 250 employees) suffered 31 percent of last year’s cyberattacks. What can you do to...
If you think your small business isn’t at risk for cybercrime, think again
By Jon Hyman
If you’ve ever spoken or though the words, “We’re too small to worry about a cyberattack,” you’d better think again. According to a rec...
Wait, an employer can’t fire an employee on FMLA leave caught on Facebook on vacation?
By Jon Hyman
Actual firing Facebook photo Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leav...
WIRTW #459 (the “weeps” edition)
By Jon Hyman
How did I not know this was a thing? Last summer, The Beatles released a remix of my favorite song of theirs, “While My Guitar Gently Weeps”...
The top 6 employee handbook mistakes
By Jon Hyman
Yesterday, I had a pleasure of presenting a webinar for The Builder’s Exchange: The Top 6 Employee Handbook Mistakes . For your viewing plea...
Congrats to Philip Miscimarra on his appointment as NLRB Chair
By Jon Hyman
I’m on record as calling Philip Miscimarra “mad as hell,” referring to his scathing dissents in recent NLRB protected concerted activity...
2nd Circuit holds that it’s perfectly okay for an employee to curse out his boss on Facebook (NSFW)
By Jon Hyman
It’s been two years since the NLRB determined that section 7 of the National Labor Relations Act protected an employee’s profanity laced ...
National origin discrimination laws don’t matter in Trump’s America
By Jon Hyman
Last week, President Trump signed his “ Buy American, Hire American “ Executive Order. The EO encourages American businesses to buy American...
WIRTW #458 (the “update” edition)
By Jon Hyman
Two stories I’ve recently covered— Fox News’s Bill O’Reilly sex harassment problem and Ernest Angley’s wage-and-hour problem —had pret...
Working Families Flexibility Act seeks to legalize comp time in lieu of overtime
By Jon Hyman
If you are a private employer, it is 100 percent illegal for you to provide employees comp time in lieu of overtime for hours worked by no...
6th Circuit tees up decision on LGBT discrimination coverage under Title VII
By Jon Hyman
The 6th Circuit is currently considering whether Title VII’s definition of “sex discrimination”. EEOC v. R.G. & G.R. Harris Funeral ...
The bar for what qualifies as unlawful harassment in the 4th Circuit is pretty damn high
By Jon Hyman
How high is the bar for what qualifies as unlawful sexual harassment in the 4th Circuit? Pretty damn high, if you ask me. Consider that in...
2nd Circuit provides plan for employers to win misclassification cases
By Jon Hyman
In Saleem v. Corporate Transportation Group (2nd Cir. 4/12/17) [pdf] , the 2nd Circuit Court of Appeals considered whether a company prop...
WIRTW #457 (the “sad clown” edition)
By Jon Hyman
You say you want to see a sad clown sing a mashup of The Who’s “Pinball Wizard” to the tune of Johnny Cash’s “Folsom Prison Blues”? I’ve got...
6th Circuit avoids key legal issue, but still absolves union of harassment liability
By Jon Hyman
Samuel Gompers, founder of the AFL, wrote that “[w]herever trade unions are most firmly organized, there are the rights of the people most...
Communicating with employees is key when a PR crisis strikes
By Jon Hyman
Lots has been said about how United Airlines mishandled violently dragging a passenger from an overbooked flight. And none of it is good. Y...
Bill O’Reilly and Fox News teach us how not to ignore workplace harassment
By Jon Hyman
Bill O’Reilly’s (alleged) lewd comments and inappropriate come-ons may have finally caught up to him and his employer, Fox News. I don’t, h...
Promotion after protected activity dooms employees retaliation claim
By Jon Hyman
What does unlawful retaliation not look like? Burton v. Board of Regents of Univ. of Wisc. Sys. (7th Cir. 3/17/17) offers a good example...
WIRTW #456 (the “new music Friday” edition)
By Jon Hyman
I’m always on the lookout for new bands. This week brings us a good one—Diet Cig, whose debut album drops today. Enjoy . Here’s what I ...