Coronavirus Update 7–21–2021: Employers, now is the time to ready your back-to-school plans
Children nationwide are getting ready to go back to the school for the 2021 – 22 school year, the third school year students and their paren...
When protected concerted activity isn’t protected
By Jon Hyman
Netflix has fired three marketing executives for criticizing their co-workers over Slack. According to The Hollywood Reporter, "the ex...
An adverse jury verdict is just a number on a piece of paper
By Jon Hyman
Late last week, a federal jury tagged Walmart with a verdict totaling more than $125 million in a disability discrimination lawsuit the EEOC...
Coronavirus Update 7–16–2021: Ohio prohibits schools from mandating the Covid vaccine
By Jon Hyman
Ohio currently requires that students receive each of the following vaccines (subject to medical or religious exceptions) as a condition of...
There’s nothing illegal about paying employees a “day rate,” as long as you also pay an overtime premium for overtime hours
By Jon Hyman
Here's how the president of Fusion Japanese Steakhouse describes the manner in which his company (unlawfully) pays its kitchen staff: I ...
The 10th nominee for the “Worst Employer of 2021” is … the transphobic terminator
By Jon Hyman
Kimberly Grinage was born male but identifies as a transgender woman. That fact presented a huge problem for her during her employment at an...
Coronavirus Update 7–13–2021: The 3 reasons why it matters that you get vaccinated (even if I’m vaccinated)
By Jon Hyman
"If you're vaccinated, and the vaccines work, why do you care if I get vaccinated? Let me live my life. My body, my choice." T...
You don’t need to wait for President Biden to fix what’s wrong with non-compete agreements
By Jon Hyman
On Friday, President Biden signed an Executive Order on Promoting Competition in the American Economy . According to the Order, its goal is ...
WorldatWork’s Work in Progress podcast—Episode 118: A Conversation with Employment/Labor Attorney Jon Hyman
By Jon Hyman
This week marks my record-setting third appearance on WorkatWork's Work in Progress podcast . Tune in to listen to me talk about employe...
Religious accommodations shouldn’t flummox employers, yet they still do
By Jon Hyman
I've shared this story before, but it's worth re-sharing because (a) it's been a few years and I have many new readers, (b) it...
ABA President fixes the victim-blaming problem the ABA Journal created for working moms
By Jon Hyman
Yesterday , I was highly critical of the ABA Journal for publishing a column that victim-blamed working moms for their lack of advancement ...
The American Bar Association must never again victim-blame working-parent attorneys for the discrimination they suffer
By Jon Hyman
The ABA Journal recently published a column by Susan Smith Blakely , a career counselor and former law-firm partner, that does a gross injus...
Coronavirus Update 6–30–2021: Because of your vaccine hesitancy, COVID-19 is here to stay
By Jon Hyman
Last week I asked you, my readers, for your creative ideas to incentivize more people to get vaccinated. Your thoughts—
Transgender bathroom access remains a solution in search of a problem
By Jon Hyman
Yesterday, the Supreme Court declined to hear the appeal of a school district challenging the right of a transgender student to use the bat...
Coronavirus Update 6-28-2021: Television meteorologist April Moss correctly fired for on-air rant against employer’s Covid policies
By Jon Hyman
WWJ CBS Detroit fired meteorologist April Moss after objecting on-air against her employer's COVID-19 policies. Moss paused her Father...
Coronavirus Update 6-25-2021: Post-Covid pet-friendly workplaces?
By Jon Hyman
"Does returning to the office mean bringing pets to work?" is a question that recently caught my eye as I was scrolling through my...
Coronavirus Update 6-24-2021: Crowdsourcing new ideas on how to get more people vaccinated
By Jon Hyman
State-sponsored vaccine lotteries. Relaxed or eliminated mitigation rules for the fully vaccinated. Paid time off for vaccines and side effe...
Coronavirus Update 6-23-2021: We now live a Covid-bifurcated society — the vaccinated and the will-get-sick
By Jon Hyman
I spent last weekend visiting my parents in Philadelphia. Because of the pandemic we had not seen them in 20(!) months. It was a glorious fi...
Coronavirus Update 6-22-2021: Workplace things Covid has not changed—you can still fire dishonest employees
By Jon Hyman
Suppose an employee leaves work claiming Covid-like symptoms. He then calls off work for the next two weeks, claiming he is quarantining at ...
Explaining the EEOC’s brand-new LGBTQ+ resources in three words
By Jon Hyman
Yesterday, Bostock v. Clayton County —the Supreme Court decision which held that Title VII expressly covers and protects gay and transgender...
HR horror stories
By Jon Hyman
If you've never experienced someone spreading 💩 all over the place, then you don’t work in employment law or HR. For example, consider ...
Coronavirus Update 6-14-2021: It took all of 12 days for 117 employees to learn what it feels like to lose a lawsuit in spectacular fashion
By Jon Hyman
Twelve days ago I predicted that the 117 hospital workers suing their employer over its mandatory COVID-19 vaccine would lose their lawsuit...
Coronavirus Update 6-11-2021: OSHA’s long-awaited COVID-19 safety rule is a big bowl of … meh
By Jon Hyman
Today is the 15-month anniversary of the COVID-19 pandemic. All that employers have asked of OSHA during the past year and a quarter is some...
Coronavirus Update 6-10-2021: The patients have taken over the asylum
By Jon Hyman
Meet Dr. Sherri Tenpenny . She calls herself the "most knowledgeable and outspoken physician on the adverse impact that vaccines can ha...
Coronavirus Update 6-9-2021: No, the COVID-19 vaccine has not killed more people than mass shootings, and it’s not even close
By Jon Hyman
In Miller v. Bonata , a federal district court held that California's 30-plus-year ban on assault weapons violates the Second Amendment....
Coronavirus Update 6-8-2021: OSHA updates employers of N95 use
By Jon Hyman
OSHA recently provided employers an update on the proper use of N95 masks, including a new video , poster (in English and Spanish ), and FA...
Celebrating the important stuff
By Jon Hyman
Donovan was diagnosed with Noonan Syndrome when he was just five months old. His gastroenterologist heard a heart murmur, which caused her t...
Now is as good a time as ever for a cybersecurity refresher
By Jon Hyman
In light of the recent crippling Russian cyber-attacks on Colonial Pipeline and JBS , now is a perfect time for a refresher course on cyber...
Coronavirus Update 6-2-2021: 117 employees are about to learn what it feels like to lose a lawsuit in spectacular fashion
By Jon Hyman
117 employees have sued their employer, Houston Methodist Hospital, over its requirement that all employees receive the COVID-19 vaccine. A...
Coronavirus Update 6-1-2021: EEOC says that employers legally can offer incentives to employees to get vaccinated in almost all instances
By Jon Hyman
Employers have been anxiously waiting for the EEOC to publish its guidance for employers on incentives offered to employees in exchange for ...
Yes, Karen, your boss really can fire you for being a Karen
By Jon Hyman
Do you remember Amy Cooper? She was the woman who called police on a Black man (Christian Cooper, no relation) who crossed her path while s...
Happy 15th Birthday, Norah!
By Jon Hyman
Today, my rock-star daughter turns 15. There's lots I can say about Norah, but I've shared so much over the years that I feel like ...
Coronavirus Update 5-26-2021: Vaccination-status harassment
By Jon Hyman
"I can't believe you got vaccinated. It's an experimental drug that I'm not injecting into my body. Besides, I heard that B...
Coronavirus Update 5-25-2021: How to enforce masks rules at work without breaching ADA confidentiality rules
By Jon Hyman
If an employer is supposed to keep an employee's vaccination status as a confidential medical record, how is an employer supposed to enf...
Coronavirus Update 5-21-2021: We need a digital vaccine passport
By Jon Hyman
Yesterday's post about COVID-19 vaccine-card fraud got me thinking about what we need to do to combat it (other than trying to spot fak...
Coronavirus Update 5-20-2021: Fake Covid vaccine cards are a growing problem, and also a federal crime
By Jon Hyman
Fraudulent COVID-19 vaccine cards are readily available online, and their prevalence will only grow with the CDC's loosening of its mit...
Coronavirus Update 5-19-2021: OSHA sends employers a strong signal that it intends to follow the CDC on masks
By Jon Hyman
One open issue stemming from the CDC's about-face on masking for the fully vaccinated is how OSHA would address these new guidelines. Wh...
The 9th nominee for the “Worst Employer of 2021” is … the enslaving employer
By Jon Hyman
Today, a break from talking about the CDC and masks (but more tomorrow) to bring you a truly awful nominee for the Worst Employer of 2021. F...
Coronavirus Update 5-17-2021: It’s spelled HIPAA, not HIPPA … fixing some common misconceptions about the Health Insurance Portability and Accountability Act
By Jon Hyman
Ever since the CDC amended its COVID-19 guidance to say that the fully vaccinated no longer need to wear masks indoors, I've read myria...
Coronavirus Update 5-14-2021: CDC ends masking and social distancing for the fully vaccinated, but what does it mean?
By Jon Hyman
Yesterday, the CDC updated its Covid guidance to remove all masking and social distancing guidance for those of us who are fully vaccinated...
Coronavirus Update 5-13-2021: Governor DeWine ends all Covid public health orders, and goes game show host to get more people vaccinated
By Jon Hyman
Last evening, Governor DeWine held a statewide address to announce the availability of the Pfizer vaccine for Ohioans ages 12 - 15. That new...
Coronavirus Update 5-12-2021: We are in the midst of a public mental-health crisis; how employers can help
By Jon Hyman
Consider these statistics, courtesy of the National Institute of Mental Health , which recently examined mental health issues one year into ...
Coronavirus Update 5-11-2021: I ❤ science
By Jon Hyman
Late yesterday, the FDA announced that it has authorized Pfizer's COVID-19 vaccine for 12-15-year-olds. It's the best news I've ...
Coronavirus Update 5-10-2021: EEOC Commissioner wants industry-specific Covid guidelines
By Jon Hyman
Last week, the EEOC held a public meeting on the impact of the COVID-19 pandemic on civil rights in the workplace. Following up on the rema...
Happy birthday to me!
By Jon Hyman
This weekend, the Ohio Employer Law Blog turns 14! May 9, 2007 — my first post ever here at the blog. 3,628 posts and three law firms late...
Coronavirus Update 5-6-2021: Do your employees have “Covid anxiety syndrome”?
By Jon Hyman
The Telegraph recently tweeted about what is being called "Covid anxiety syndrome." The whole thread is a fascinating read, but ...
Coronavirus Update 5-5-2021: NFIB’s survey of small employers reveals some disturbing Covid vaccination trends
By Jon Hyman
The National Federation of Independent Business just released the results of its most recent Covid-19 Small Business Survey . 546 businesse...
An update on the Worst Employer of 2019
By Jon Hyman
What did Bobby Edwards do to earn the title of the Worst Employer of 2019 ? Bobby Edwards, the manager of J&J Cafeteria in Conway, Sout...
Does President Biden have the political juice to make paid family and medical leave a reality?
By Jon Hyman
For the past couple of administrations, it's a presidential rite of passage—unveiling a plan to provide paid family and medical leave to...
Coronavirus Update 4-30-2021: Today in pro se lawsuit insanity
By Jon Hyman
Masks remain a key line that divides our country. The CDC just announced that the fully vaccinated safely can go maskless in small gatherin...
The 8th nominee for the “Worst Employer of 2021” is … the vaccine vetoer
By Jon Hyman
In a stunning show of ignorance, a Miami, Florida, private school has informed its staff that because the Covid-19 vaccine poses a health ri...
Biden Administration announces $15 minimum wage for all federal contractors
By Jon Hyman
Yesterday, the White House announced that effective January 30, 2022, all federal contractors will be required to incorporate a $15 minimum...
Why would a company wait a year to implement an anti-harassment program?
By Jon Hyman
McDonald's has lots of secrets. What's in its sauce? What part of the chicken do the McNuggets come from? How come every time I crav...