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WIRTW #747: the 'tariffs' edition

Friday, February 14, 2025 By Jon Hyman

The Trump administration just announced new tariffs on aluminum and steel. That might not sound like a big deal to most, but for small busi...

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The attack on DEI does not mean employers must or should eliminate anti-harassment training

Thursday, February 13, 2025 By Jon Hyman

Even as some push back forcefully against DEI workplace initiatives, courts are pushing back even harder. Consider these excerpts from Dieme...

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Protecting the rule of law

Wednesday, February 12, 2025 By Jon Hyman

"Judges aren't allowed to control the executive's legitimate power." — Vice President JD Vance We need to talk about the r...

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How to respond to the Justice Department's DEI hitlist

Tuesday, February 11, 2025 By Jon Hyman

"The Department of Justice's Civil Rights Division will investigate, eliminate, and penalize illegal DEI and DEIA preferences, mand...

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WIRTW #746: the 'fly, eagles fly' edition

Friday, February 7, 2025 By Jon Hyman

All-Pro Reels , CC BY-SA 2.0 , via Wikimedia Commons Are you ready for the Big Game? As a Philly native and die-hard Eagles fan, I sure am! ...

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What the EEOC just said—and didn't say—about the current state of workplace right

Thursday, February 6, 2025 By Jon Hyman

"The EEOC is open for business." That's what the agency just declared in a series of frequently asked questions about the imp...

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What hiring and employment look like without DEI

Wednesday, February 5, 2025 By Jon Hyman

What does a country without DEI look like? Some people say that's what they want. No more diversity, equity, and inclusion initiatives i...

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The dos and don't of workplace AI policies

Tuesday, February 4, 2025 By Jon Hyman

According to a recent BBC article , half of all workers use personal generative AI tools (like ChatGPT) at work—often without their employer...

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We cannot simply oblish OSHA

Monday, February 3, 2025 By Jon Hyman

"The Occupational Safety and Health Act of 1970 repealed. The Occupational Safety and Health Administration is abolished." That...

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WIRTW #745: the 'biliterate' edition

Friday, January 31, 2025 By Jon Hyman

Until this week, I thought being bilingual meant fluency in a second language—the ability to read, write, listen, and speak with ease. I was...

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Microagressions as an adverse action

Thursday, January 30, 2025 By Jon Hyman

A "microaggression" is a subtle, often unintentional comment or action that conveys bias or discrimination against a marginalized ...

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Trump illegally guts the EEOC of its Democratic members

Wednesday, January 29, 2025 By Jon Hyman

Remember last week when I told you that Trump would try to dismantle all of our federal workplace discrimination laws? Well, the first shoe ...

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Missing time sheets doom employee's overtime claim

By Jon Hyman

One of the most challenging tasks is proving a negative. Yet, this is precisely the problem employers face when defending wage-and-hour case...

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Taking from your employees' tip pool? It's illegal

Monday, January 27, 2025 By Jon Hyman

It’s Dry January, and brewery owners are feeling the pinch. You might be tempted to supplement your income by dipping into your employees’ t...

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Is Trump coming after Title VII next?

Saturday, January 25, 2025 By Jon Hyman

"Dad, did Trump just get rid of workplace discrimination laws?" That's the question my daughter asked me yesterday. She was re...

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WIRTW #744: the 'London Calling … the podcast' edition

Friday, January 24, 2025 By Jon Hyman

In the latest episode of The Norah and Dad Show, we recap our family Christmas holiday to London. Here are links to everything we mention in...

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Neurodivergence is not an excuse for racism

Wednesday, January 22, 2025 By Jon Hyman

"He's on the spectrum" is not an excuse for racism. I've seen more than one person attempt to justify Elon Musk's Nazi...

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A lesson on ADA compliance

Tuesday, January 21, 2025 By Jon Hyman

What happens when an employer fails to take an employee's disability seriously? It might look a lot like the case of Sutherland v. Peter...

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WIRTW #743: the 'snowball at Santa' edition

Friday, January 17, 2025 By Jon Hyman

If your employee is caught in a viral video calling an opposing fan the "c-word" at a football game, should he lose his job? Does ...

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SCOTUS eases burden of proof for employers in FLSA exemptions cases

Thursday, January 16, 2025 By Jon Hyman

Big news for employers: The Supreme Court just made it easier to defend against Fair Labor Standards Act exemption claims by employees. In E...

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An expensive lesson on pay-equity compliance

Wednesday, January 15, 2025 By Jon Hyman

Mastercard has agreed to pay $26 million to settle allegations that it systematically underpaid thousands of female, Black, and Hispanic emp...

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This is how NOT to respond to employee complaints

Tuesday, January 14, 2025 By Jon Hyman

JP Morgan is making waves with its decision to bring employees back to the office five days a week starting in March. But what's making...

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ADA covers more than those who are limited in their ability to work

Monday, January 13, 2025 By Jon Hyman

What happens when an employer ignores the definition of "disability" under the ADA? A lawsuit—and a lesson in what not to do. A re...

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WIRTW #742: the 'london calling' edition

Friday, January 10, 2025 By Jon Hyman

"What do think about going to see an Arsenal match for Christmas?" That question—which my wife posed to me over a glass of wine a ...

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The "R-word" is making a comeback

Thursday, January 9, 2025 By Jon Hyman

According to Rolling Stone magazine , the "R-word" is making a comeback as part of a hard-right online trend using it to slander t...

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Avoid "mommy-track" stereotypes with your female employees

Wednesday, January 8, 2025 By Jon Hyman

"If she returns…" That statement is among the allegations that Chloe Koprucki makes against her former employer, Broadridge Financ...

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The 1st nominee for The Worst Employer of 2025 is … The Menstrual Marauder

Tuesday, January 7, 2025 By Jon Hyman

"We can't hire you. You'll be absent too much due to your monthly cycle." That's the text a job applicant received fro...

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Costco's masterclass on responding to DEI backlash

Monday, January 6, 2025 By Jon Hyman

It's not easy to stand firm in today's polarized world, but Costco just showed everyone how it's done. Recently, Costco's bo...

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’Twas the Employment Law Night Before Christmas (2024 edition)

Friday, December 20, 2024 By Jon Hyman

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Be...

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The Worst Employer of 2024 is…

Thursday, December 19, 2024 By Jon Hyman

The votes have been counted. The WINNER of The Worst Employer of 2024 is...

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6th Circuit teaches employers an important FMLA lesson on caregiving and in loco parentis

Tuesday, December 17, 2024 By Jon Hyman

Imagine being told by your employer that you have to choose between your terminally ill sister and you job. That's what happened to Cele...

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"RFK Jr.'s job application: part psych eval and all wrong

Monday, December 16, 2024 By Jon Hyman

"I don't have that much interest in having a sexual experience with another person." "I believe in things many others don...

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WIRTW #741: the 'finals countdown' edition

Friday, December 13, 2024 By Jon Hyman

On this week's episode of The Norah and Dad Show , Norah and I discuss the end of her first semester of college, including her finals, o...

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5 lessons from a poorly communicated layoff

Thursday, December 12, 2024 By Jon Hyman

Imprint Beer Co. offers us a textbook lesson in how not to communicate layoffs to employees. The brewery recently announced mass layoffs and...

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🚨 Vote for the Worst Employer of 2024 🚨

Tuesday, December 10, 2024 By Jon Hyman

It's the most wonderful time of the year! I've made my list, checked it twice, and now it's time to determine who's been the...

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WIRTW #740: the 'roast' edition

Friday, December 6, 2024 By Jon Hyman

Among all of the things that ChatGPT can do, it's really, really good at roasting someone. So, I asked ChatGPT to roast my LinkedIn prof...

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Buckeye of broken promises: OSU's trust fumble

Thursday, December 5, 2024 By Jon Hyman

Ohio State University announced that it will rescind raises for 306 salaried employees, effective Jan. 1. Earlier this year, the university...

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Precedent used to mean something

Wednesday, December 4, 2024 By Jon Hyman

"Supreme Court justices seldom get an opportunity to fix a botched decision. But as the Court takes up a transgender case, Associate Ju...

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Lessons from a recent retaliation case

Tuesday, December 3, 2024 By Jon Hyman

Dr. Carla Campbell-Jackson, a Black woman with 30 flawless years working at State Farm, found herself out of a job after raising concerns ab...

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📱 Apple’s BYOD lawsuit: a cautionary tale for employers

By Jon Hyman

A recent lawsuit filed by an Apple employee against the company highlights the risks of mishandling Bring Your Own Device (BYOD) policies. ...

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Life without a Department of Labor isn't as efficient as some will tell you

Tuesday, November 26, 2024 By Jon Hyman

What happens if the Department of Labor vanishes? It's not some dystopian fantasy—it's an actual possibility under Elon Musk and Viv...

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Leave us bald guys alone!

Monday, November 25, 2024 By Jon Hyman

This one hits close to home. In Tony Finn v. British Bung Company, a UK tribunal ruled that calling a man "bald" constitutes sexua...

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WIRTW #739: the 'rage against the machine' edition

Friday, November 22, 2024 By Jon Hyman

In this week's episode of The Norah and Dad Show , my daughter and I discuss how we're feeling in the aftermath of the 2024 election...

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DOL confirms the obvious — the FMLA covers time off spent in clinical trials

Thursday, November 21, 2024 By Jon Hyman

Can employees use FMLA leave to participate in clinical trials for their serious health conditions? Of course, they can—how is this even a q...

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"Biological Women Only" = "Whites Only" = Discrimination

Wednesday, November 20, 2024 By Jon Hyman

Can someone please explain the difference between labeling a women's restroom for "biological" women and labeling one for ...

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New NLRB Ruling: Employer "captive-audience speeches" on unionization are now illegal

Tuesday, November 19, 2024 By Jon Hyman

In a significant decision, the NLRB ruled that requiring employees to attend anti-union meetings under the threat of discipline or terminati...

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Background checks aren’t just a box to tick—they’re critical to any hiring process

Monday, November 18, 2024 By Jon Hyman

Picture this: a high-profile hire for one of the most important jobs in the world, and nobody bothered to run a background check. That’s rep...

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WIRTW #738: the 'bluer skies' edition

Friday, November 15, 2024 By Jon Hyman

Do you ever think to yourself, "Jon, I love your posts, but what I really want is more of this, but with fewer characters." Well d...

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Does civility still matter?

Tuesday, November 12, 2024 By Jon Hyman

Some apparently don't think civility matters any more.  "Your body, my choice" signs are popping up across the country, while ...

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Do you know what to do if ICE raids your business?

Monday, November 11, 2024 By Jon Hyman

With Donald Trump running on campaign promise of the mass roundup and deportation of millions of undocumented immigrants, many businesses in...

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Jon Hyman

Jon Hyman

Management-side employment lawyer. Chair of Employment & Labor and Craft Beer practices at Wickens Herzer Panza.

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Ohio Employer Law Blog by Jon Hyman is licensed under Creative Commons Attribution-NonCommercial 4.0 International.
Header image by Jon Snyder/Wired.com, republished under a Creative Commons (CC BY-NC) license.
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