Just being in a protected class is never enough to protect an employee’s job
When Wisconsin Physicians Service Insurance Corporation terminated Mary Lou Stelter from her sales position, she claimed disability discri...
The 4th nominee for the “worst employer of 2020” is … the perverted Peking-duck purveyor
By Jon Hyman
Every year I worry about how I’m going to fill my annual list of worst employers. I’ve yet to be disappointed. The EEOC recently filed s...
WIRTW #588 (the “new voices” edition)
By Jon Hyman
One of the benefits participating in the Tri-C High School Rock Off is that your band gets featured in the Rock & Roll Hall of Fame’s “N...
Just because an employer wins summary judgment doesn’t mean you should emulate its behavior
By Jon Hyman
Jennifer Paskert worked as a sales associate for Auto$mart, a “buy here, pay here” used car dealership located in Spirit Lake, Iowa. Durin...
“It’s a major award!”
By Jon Hyman
I hate tooting my own horn. It usually comes off as self-serving and tasteless. But, sometimes it’s unavoidable. Today is one of those day...
7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL
By Jon Hyman
Buddy Phillips injured his ribs while playing with his grandchildren. Over the next two weeks, he called his employer, United Trailers, to...
WIRTW #587 (the “joy” edition)
By Jon Hyman
On Valentine’s Day, we tend to focus (because marketing and advertising tell us that we should) on our significant other. Not to sound too...
The 3rd nominee for the “worst employer of 2020” is … the arresting retaliator
By Jon Hyman
An African-American employee claims he suffered rampant discrimination at the towing company at which he worked, including being called r...
Even though this employer won its ex-employee’s retaliation lawsuit, PLEASE don’t do what it did
By Jon Hyman
Family businesses are difficult to manage. They become even more difficult when the owners are spouses, and an employee accuses one of sex...
The Dos and Don’ts of firing an employee
By Jon Hyman
Firing people SUCKS . And anyone who tells you that they take pleasure from it shouldn’t be doing it. It’s the absolute worst part of an...
Amazon’s crackdown on employee climate-change protesters is a teachable moment on employee speech rights
By Jon Hyman
Earlier this year, Amazon threatened to fire two employees who spoke out against the company’s stance on climate change. In addition, the...
WIRTW #586 (the “silos” edition)
By Jon Hyman
Yesterday, Suzanne Lucas (aka the Evil HR Lady ), asked a question about corporate jargon. One of my least favorite corporate jargon-is...
Labor issues when you acquire a company with a union
By Jon Hyman
Spotify recently announced that it is acquiring The Ringer, one of the most prolific and popular podcasting networks. Spotify also indica...
What is the Advancing Support for Working Families Act, and why doesn’t it go far enough?
By Jon Hyman
During last night’s State of the Union Address , President Trump announced his endorsement of the Advancing Support for Working Families A...
Urine trouble: Ohio Supreme Court to decide whether an employer can require “direct observation” of a workplace urine-sample collection
By Jon Hyman
An employer requires “direct observation” of its employees providing a urine sample pursuant to its reasonable suspicion and random workpl...
Poll: how do you handle “Super Bowl Fever”?
By Jon Hyman
Today is Super Bowl Monday, the day after the big game. The game ended after 10 pm last night, and parties went much later. In light of thi...
WIRTW #585 (the “demos” edition)
By Jon Hyman
My daughter’s band, Fake ID , just recorded demos of a few of their original songs. Check them out on Soundcloud ; they’d really appreciate ...
Does Title VII protect “veganism” as a religion?
By Jon Hyman
A judge in the United Kingdom has ruled that “ethical veganism” is a protected class akin to religion and is protected from workplace disc...
Chipotle settlement highlights child labor issues
By Jon Hyman
According to CNN , Chipotle has agreed to pay a $1.3 million fine for more than 13,000 child labor violations at over 50 of its Massachuse...
Ohio appellate court refuses to enforce employment arbitration agreement as “unconscionable”
By Jon Hyman
An agreement between an employer and its employees requires an employee to submit to “final and binding arbitration … any actual or allege...
Does the ADA protect employees who travel to areas that potentially expose them to coronavirus?
By Jon Hyman
Coronavirus is 2020’s pandemic du jour. It’s a serious, and potentially deadly, respiratory virus that (likely) started in Wuhan, China, ...
WIRTW #584 (the “He’s not the Messiah” edition)
By Jon Hyman
We’ve sadly reached the point in history at which legends of the entertainment world are going to start passing. Someday, we’ll lose Paul, a...
What does it mean to be "similarly situated" for purposes of proving discrimination?
By Jon Hyman
The Ohio Department of Public Safety fired Morris Johnson, an African American state trooper, after he sexually harassed multiple women wh...
Dream on — lawsuit by Aerosmith drummer highlights the legal risk of "fitness for duty" exams
By Jon Hyman
Joey Kramer, Aerosmith's founding and longtime drummer, is suing his band mates after they blocked him from joining them at upcoming h...
You can't prove age discrimination if you're replaced by someone older
By Jon Hyman
Crescent Metal Products fired Donald Tschappatt for a variety of instances of poor work performance. He made "negative comments"...
WIRTW #583 (the “Portugal (not the man)” edition)
By Jon Hyman
Last year I asked y’all to share your tips on travel to Italy. And you came through. So, I thought I’d try again this year, with Portugal....
“OK Boomer” makes its Supreme Court debut
By Jon Hyman
Yesterday, the Supreme Court heard oral argument in Babb v. Wilkie, which will decide whether the “but-for” causation standard of proof ap...
Frivolous litigation has a price … sometimes a big price
By Jon Hyman
In 2005, Monika Starke filed a charge of discrimination with the EEOC alleging that her employer, CRST Van Expedited, Inc., subjected her to...
DOL provides employers much needed clarity on joint employment
By Jon Hyman
Joint employment is a legal theory in which the operations of two employers are so intertwined that each is legally responsible for the mi...
CBS News misrepresents an employer’s obligation to accommodate an employee’s pregnancy
By Jon Hyman
I watched with great interest yesterday story on CBS Sunday Morning about an employer’s obligation to accommodate an employee’s pregnancy...
WIRTW #582 (the “Rock Off” edition)
By Jon Hyman
On Feb. 1, my daughter's band, Fake ID , will compete in the 2020 Tri-C High School Rock Off . The Rock Off is in its 24th year and is o...
Ohio legislature refuses to move on LGBTQ employment protections despite strong state-wide, bipartisan support to the contrary
By Jon Hyman
There is no law in the state of Ohio that prohibits employers from discriminating against employees based on their sexual orientation or ge...
The 2nd nominee for the “worst employer of 2020” is … the uncaring chief
By Jon Hyman
Three posts into 2020 and we already have our second nominee for the year’s worst employer. And this one is just plain awful. From Salt ...
Federal appeals court orders NLRB to determine whether workplace harassment laws trump the National Labor Relations Act
By Jon Hyman
You might recall Constellium Rolled Products Ravenswood , a 2018 NLRB case in which the Board held that offensive graffiti scrawled on an ...
The 1st nominee for the “worst employer of 2020” is … the repeat, repeat offender
By Jon Hyman
If there’s a better way of starting 2020 than with the first nominee for the year’s worst employer, I’m not sure what it is. Meet Dru Di...
’Twas the Employment Law Night Before Christmas
By Jon Hyman
In what will become an annual tradition for my last post of the year, I bring you the holiday classic, ’Twas the Employment Law Night be...
WIRTW #581 (the “home invasion” edition)
By Jon Hyman
“A Day in the Life,” by (Not) The Beatles Woke up, fell out of bed Dragged a Bic across my head Found my way downstairs to make a cup A...
NLRB rolls back 2 key Obama era anti-management decisions
By Jon Hyman
This week, the National Labor Relations Board decided two cases that rolled back key Obama era anti-management NLRB decisions. Apogee Ret...
The Worst Employer of 2019 is…
By Jon Hyman
After a year of gathering 20 very worthy nominees, whittling it down to 10 awful finalists, and compiling hundreds upon hundreds of your vot...
Don’t forget to vote: Polls close at 11 pm tonight for the Worst Employer of 2019
By Jon Hyman
If you haven’t yet voted for the Worst Employer of 2019, time is running out. Polls close at 11 pm tonight. VOTE here And come back t...
Do you know when you can collect employees’ genetic information?
By Jon Hyman
Apple recently announced it will begin offering its employees free genetic testing through its subsidiary, AC Wellness (an entity Apple cr...
Court finds that the ADA does not protect employee’s dormant genetic condition
By Jon Hyman
Sherryl Darby has the BRCA1 gene, otherwise known as the breast cancer gene, the best known gene associated with breast-cancer risk. Appro...
WIRTW #580 (the “I voted” edition)
By Jon Hyman
Have you cast your ballot for the Worst Employer of 2019 ? Time is running short. The polls close Tuesday, December 17, at 11 pm. VOTE he...
Just because you’re out on FMLA does not grant you a license to threaten your co-workers
By Jon Hyman
“Hey pussy … I’m going to get you for what you did.” Ordinarily, if one employee confronts another employee with a threat like the one ...
The 4 things you cannot do to pro-union employees (hint: number 1 is fire them)
By Jon Hyman
Four former Google employees claim that their ex-employer fired them Thanksgiving week in retaliation for their efforts to organize a labor...
VOTE NOW for the “Worst Employer of 2019” — polls are open
By Jon Hyman
All year long, I’ve been sharing examples of the worst employers in America. My goal? Compile them at the end of the year and then turn it o...
The ADA never requires an employer to create a position as a reasonable accommodation
By Jon Hyman
Randona Johnson took a medical leave from his position as a process coach at a Ford assembly plant to deal with back pain, hypertension, a...
WIRTW #579 (the “blank slate” edition)
By Jon Hyman
Next Saturday, December 14, Norah and her Fake ID bandmates will be traveling west to Elyria, Ohio, to play Blank Slate , a very cool all ag...
Does it violate the ADA to work an employee in excess of a work restriction?
By Jon Hyman
Rita Morrissey is a licensed practical nurse who worked for 15 years for The Laurels of Coldwater, a skilled nursing and rehabilitation cent...
Do you know how to calculate the “regular rate of pay” for your employees? (hint: probably not)
By Jon Hyman
The Fair Labor Standards Act requires that employers pay their non-exempt employees one and one-half times the “regular rate of pay” for a...
The 20th nominee for the “worst employer of 2019” is … the malignant mogul
By Jon Hyman
The 20th (and final) nominee for the Worst Employer of 2019 is Alki David, heir to the Coca-Cola bottling fortune and owner of several med...
As sure as today is Cyber Monday, your employees are shopping from work
By Jon Hyman
Today is Cyber Monday, the biggest online shopping day of the holiday season. In fact, it is estimated that today will be the biggest onli...
WIRTW #578 (the “credibility” edition)
By Jon Hyman
Yesterday, the NFL upheld the indefinite suspension of Cleveland Browns’ defensive lineman Myles Garrett, who last week assaulted Pittsbu...
“Hairstyle discrimination” laws: a solution in search of a problem
By Jon Hyman
I fully embrace the irony of a local news broadcast holding me out as the expert on hair discrimination. 👨🏻🦲 Irony notwithstanding, h...
Is your business prepared for a cyber attack? (probably not, but I can help.)
By Jon Hyman
I’d like to share three scary cybersecurity statistics with you. 60 percent of small businesses fail within 6 months of a cyber attack....
It’s not realistic to expect employees not to discuss politics at work, but it is to require them to do so professionally
By Jon Hyman
According to a recent survey conducted by SHRM [pdf] , American workers cannot hide from politics at work. 42% of U.S. employees say they ...
Gay man claims he’s the victim of intentional discrimination because of his sexual orientation … and that’s the least of his employer’s problems
By Jon Hyman
Wesley Wernecke, an ex-employee of New York event planning company Eventique, claims in his recently filed lawsuit that the company intent...
WIRTW #577 (the “side hustle” edition)
By Jon Hyman
If I had gotten paid for my appearance on Matt Christensen ‘s Fraud Not Frog podcast , I could classify it as a side hustle. But I didn’...
EEOC settlement provides expensive lesson on including social media in your anti-harassment policies and training
By Jon Hyman
EEOC v. Nabors Corp. Services involves serious allegations of racial harassment, including the following. Being addressed at work by co...