The FMLA does not require that an employee use magic words to request leave
According to the FMLA's regulations , "When an employee seeks leave for the first time for a FMLA-qualifying reason, the employee...
Do you know how to spot an employee at risk for violence?
By Jon Hyman
Early Friday afternoon, Henry Pratt Co. informed one of its employees, Gary Martin, of his termination. Shortly thereafter, he opened fire w...
WIRTW #542 (the “Scared. Ashamed. Crippled.” edition)
By Jon Hyman
A few days ago, Mark Goldstein , an attorney at Reed Smith, tweeted me (and others) this: If you read on thing this week, read Ma...
When the rumor mill creates a sexually hostile work environment
By Jon Hyman
Just in time for Valentine's Day, I bring you the story of a employee rumored to be sleeping with her boss to get a promotion. She wasn...
The way we work might be changing, but independent contractors risks are staying exactly the same
By Jon Hyman
The way we work in America is changing. The relationships between companies and their workers are more fluid and varied than in decades pa...
A textbook lesson the ADA's interactive process
By Jon Hyman
Does an employer have an obligation to return an employee to work following an extended unpaid leave of absence granted as a reasonable acco...
Emojis are starting to pop up in discrmination and harassment cases 🤔🤷♂️
By Jon Hyman
Law.com recently pronounced, "The Emojis are Coming!" That article got me thinking, are they coming to workplace litigation, too?...
WIRTW #541 (the “Purl” edition)
By Jon Hyman
Purl is an online-only Pixar short about a ball of yarn appropriately named Purl who gets a job in a bro-tastic workplace. As the only fema...
FINRA's new "Best Practices" for Cybersecurity is MUST reading for any employer
By Jon Hyman
The Financial Industry Regulatory Authority (FINRA) recently issued its Report on Selected Cybersecurity Practices – 2018 [pdf] . The Rep...
President Trump calls for federal paid family leave during State of the Union
By Jon Hyman
Yesterday was the 26th anniversary of the Family and Medical Leave Act being signed into law. During last night's State of the Union Add...
How to recover a stolen computer from an ex-employee in seven easy steps
By Jon Hyman
As many as 60% of employees who are laid-off, fired, or quit admit to stealing company data. Sometimes, they download information on thei...
The 5th nominee for the “worst employer of 2019” is … the fishy fishery
By Jon Hyman
Atlantic Capes Fisheries agreed to pay $675,000 to settle a lawsuit filed by the EEOC alleging sexual harassment and retaliation. The al...
WIRTW #540 (the “wheels off” edition)
By Jon Hyman
The one question people ask me more than any other about this blog? "How do you write every day? " My answer, "Because I lo...
Bad employment policies lead to new legislation
By Jon Hyman
All the way back in October 2014 , I wrote about an Illinois Jimmy John's franchisee that had required all of its employees to sign a No...
Employment policies in the polar vortex
By Jon Hyman
How frigid are the temperatures going to be in Northeast Ohio today? Just about everything is closed . Even the post office suspended mail d...
Employees on medical leave aren't bulletproof, but still handle with care
By Jon Hyman
One of the questions that clients ask me most often is, "________ is out on a medical / pregnancy leave (or just returned); can we fire...
NLRB flip-flops on key independent contractor test
By Jon Hyman
The distinction between employees and independent contractors is one that still confounds employers. It is a vitally important distinction, ...
WIRTW #539 (the “cover story” edition)
By Jon Hyman
Big week in our house, as our 12-year-old daughter just had her first official press. Cleveland's Scene Magazine interviewed her for th...
What's is the dumbest workplace policy you've ever encountered?
By Jon Hyman
I spent my day yesterday mediating a case before the Ohio Civil Rights Commission. The mediation took place in a conference room on the 8th ...
Union membership is on the rise in Ohio; is your business ready?
By Jon Hyman
Union membership numbers for 2018 are out , and while most employers should be encouraged, Ohio employers might think otherwise. In Ohio, ...
The 4th nominee for the “worst employer of 2019” is … the flagrant farmer
By Jon Hyman
I'll let the EEOC do the heavy lifting on today's nominee for the Worst Employer of 2019 (the 4th thus far): A federal jury re...
Ohio amends its employment laws to limit joint employment for franchisors
By Jon Hyman
As the debate over the meaning of "joint employer" continues to rage at both the NLRB and in the federal courts , Ohio has jumped...
WIRTW #538 (the “drones” edition)
By Jon Hyman
OSHA is now using camera-carrying drones to investigate outdoor workplaces. The good news? Use is intended to be limited to areas that are...
An expensive lesson on religious accommodations
By Jon Hyman
A federal court jury in Miami has awarded a hotel dishwasher $21.5 million after concluding that her employer failed to honor her religious ...
Gillette's toxic masculinity ad isn't the problem; toxic masculinity is the problem
By Jon Hyman
Gillette is facing a lot of praise, and a lot of backlash, over its recent ad slamming toxic masculinity culture .
NLRB reverses course and restores some sense to its concerted activity rules
By Jon Hyman
The NLRB is the federal agency that saw the widest expansion of employee rights during the Obama presidency. And the doctrine that expanded ...
What's good for the goose? "Reverse" LGBTQ discrimination
By Jon Hyman
If, like me, you believe that Title VII's definition of "sex" includes sexual orientation and gender identity, then what do yo...
WIRTW #537 (the “Roma” edition)
By Jon Hyman
We are contemplating spending Spring Break in Rome. For those who've been, what's you best tip for first-time visitors? Sights not t...
The 3rd nominee for the “worst employer of 2019” is … the barbarous boss
By Jon Hyman
2019 is officially the year that my Worst Employer contest went international. How do you motivate your employees to hit their sales goa...
What does it mean for jobs to be "substantially equal" under the Equal Pay Act?
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, but...
Beware pre- and postliminary activities
By Jon Hyman
In Integrity Staffing Solutions v. Busk , the Supreme Court held that the FLSA only requires employers to compensate employees for time spen...
Your 2019 Employment Law Compliance Checklist
By Jon Hyman
Today is the start of the first full week of 2019. Which means it's a perfect time to take a step back and review your efforts at HR and...
WIRTW #536 (the “Ex's and Oh's” edition)
By Jon Hyman
It's been a bit since I've posted any of my kids' music, so here's Norah covering Elle King's Ex's and Oh's (on...
Do as they say, not as they do: employees accuse Planned Parenthood of pregnancy discrimination
By Jon Hyman
According to a scathing report by The New York Times , employees nationwide are accusing Planned Parenthood of engaging in rampant pregnancy...
The 2nd nominee for the “worst employer of 2019” is … the little rascal racist
By Jon Hyman
Welcome to 2019. New year, same old employers earning themselves nominations for my annual race to the bottom. Darryl Robinson, the only...
'Twas the Employment Law Night before Christmas
By Jon Hyman
'Twas the night before Christmas, when all through the office Not a creature was stirring, well, just one of the bosses; The bonuses...
Announcing THE WORST EMPLOYER OF 2018
By Jon Hyman
The day has finally arrived. It’s time to announce the Worst Employer of 2018 . To remind you, we had four finalists in contention for t...
CBS denies Les Moonves every penny of his claimed $120 million severance
By Jon Hyman
Today is your last day to vote for the Worst Employer of 2018. The polls close at 11:00 pm tonight. I'll announce this year's big wi...
Non-solicitation agreements are not a license to steal an employee's already existing customers
By Jon Hyman
Hall v. Edgewood Partners Ins. Center (6th Cir. 12/14/18) [pdf] asks a question that we see arise often in litigation with former employee...
WIRTW #535 (the “live from Cleveland” edition)
By Jon Hyman
According to a recent survey, social media is the No. 1 challenge for small business owners . Allow me to offer a solution. La st month I...
Why the Cleveland Clinic's $15 minimum wage matters to you
By Jon Hyman
Earlier this week, the Cleveland Clinic committed, by January 2020, to raise the minimum wage for its employees to $15 an hour. Accordin...
Alex, I'll take leave of absence policies for $5.25 million.
By Jon Hyman
A: An employer must have one of these to avoid running afoul of discrimination laws when an employee is out on a medical leave of absence. ...
The 1st nominee for the “worst employer of 2019” is … the philandering pharmacist
By Jon Hyman
While I continue to tally votes to name the Worst Employer of 2018 , I have an employer too awful not to kick off the nominees for 2019. ...
A quick review on the rules for docking pay for exempt employees
By Jon Hyman
"Can I dock part of an employee's paycheck?" It's one of the questions I get most often from clients. So, let's ta...
WIRTW #534 (the “rock the vote” edition)
By Jon Hyman
Have you cast your ballot for the Worst Employer of 2018 ? Time is ticking down for this year's final vote. To remind you of the fo...
Does Title VII protect an employee's self-help discovery?
By Jon Hyman
Suppose one of your employees believes that she was discriminated against because of her protected class. She files a charge of discriminati...
Is your business rethinking its holiday party this year?
By Jon Hyman
During the #MeToo portion yesterday's Best-Ever Year-End Employment Law Review that Five Employment Law Bloggers Have Ever Presented , R...
Forced hugs at work sound like a REALLY bad idea
By Jon Hyman
Ray Kelvin, CEO of UK fashion retailer Ted Baker, is a hugger. According to an online petition seeking to end his practice, "he gree...
What can "Elf" teach us about the ADA?
By Jon Hyman
Friday night, the Hyman clan carried out our annual holiday tradition of watching "Elf." Since much of the story took place in and...
WIRTW #533 (the “Stella's” edition)
By Jon Hyman
If you ever wanted to know how hard a group of pre-teens and teens can rock, you'll have your chance on December 21, when Fake ID invad...
I can name that lawsuit in one note
By Jon Hyman
Demetria Kalodimos, age 58, worked as an anchor for Nashville's WSMV for 33 years. After the station failed to renew her contract, she s...
The Worst Employer of 2018: The Finalists
By Jon Hyman
The votes have been cast, and counted. And we have four awful employers that have qualified for the finals of the Worst Employer of 2018. ...
UPDATE: Does an employer have a duty to protect the personal information of its employees?
By Jon Hyman
In July, I asked whether an employer owes its employees a legal duty to protect their personal information . I discussed cases that answer...
On the 12th day of Christmas, my employer gave to me … a handgun?
By Jon Hyman
'Tis the season for giving. What's the oddest holiday gift an employer has ever given you? For the employees of one Wisconsin comp...
WIRTW #532 (the “❤️ the holidays” edition)
By Jon Hyman
On December 25, I will turn 18 in Christmas years. My wife and I starting dating in October 2001, and we celebrated our first Christmas to...
Do you know? Pre-employment medical examinations
By Jon Hyman
A local mayor has gotten himself in some hot water for his selective use of pre-employment medical examinations for hirees. How selective?...
What can you learn from the law firm partner suspended for watching porn at work?
By Jon Hyman
According to The American Lawyer (sub. req.) , Hogan Lovells has suspended one of its partners in its London office for watching porn at w...
Do you know? English-only workplace policies
By Jon Hyman
White Americans, what? Nothing better to do? Why don't you kick yourself out? You're an immigrant too! – White Stripes, Icky...
Register now for "The Best-Ever Year-End Employment Law Review that Five Employment Law Bloggers Have Ever Presented"
By Jon Hyman
What could you buy for $25? Goosh Pants A yodeling pickle + Dancing with Cats Gummi Bear Anatomy Model Kit 100 Misprint Ink Pen...
WIRTW #531 (the “Mexico” edition)
By Jon Hyman
Last night, I got to watch my daughter hit a home run, on stage at The Beachland Tavern, singing "Mexico" with decker. (You can r...
A resignation in lieu of termination is (more or less) still a termination
By Jon Hyman
"At your request, I am submitting my resignation." So wrote now-former Attorney General Jeff Sessions in his resignation lette...
Job applicant told, "Your sexuality may be an issue with the atmosphere of the office environment."
By Jon Hyman
I found the following story posted to the legaladvice subreddit . It's titled, "Turned down for a job, asked what the issues were...