ADA Restoration Act unnecessarily seeks to broaden the definition of "disability"
An editorial in this morning's New York Times calls for Congress to pass legislation to undo recent Supreme Court precedent limiting th...
President Bush signs bill amending the FMLA
By Jon Hyman
President Bush has signed the National Defense Authorization Act that he had previously vetoed. Its changes to the FMLA go into effect immed...
Remedial measures do not have to be perfect to win harassment claim
By Jon Hyman
Dan Schwartz at the Connecticut Employment Law Blog posts today about treating harassment complaints seriously and taking appropriate actio...
Ohio appellate court tolls noncompete while litigation pending
By Jon Hyman
Homan, Inc. v. A1 AG Services, LLC , decided this week by the 3rd District Court of Appeals, answers the following question: if an employer ...
Congress introduces the Civil Rights Act of 2008
By Jon Hyman
20 Democratic Senators (including Clinton and Obama) have sponsored the Civil Rights Act of 2008 . It's basically a laundry list of pro-...
English-only debate is not going away
By Jon Hyman
Since I last wrote on English-only workplace rules and Congress's attempt to prohibit legal challenges of them ( Congress debates legali...
Columbus Dispatch on military status discrimination
By Jon Hyman
This morning's Columbus Dispatch reports on Ohio's ban on military status discrimination, which will go into effect on March 23. Fo...
Remedies available for destruction of computer files
By Jon Hyman
Employers can take a lot of internal steps to protect confidential and proprietary information. Confidentiality and non-disclosure policies,...
DOL proposes FMLA changes
By Jon Hyman
In June 2007, the Department of Labor published a 181-page report on the FMLA that concluded, "In the vast majority of cases, the FMLA...
What else I'm reading this week #15
By Jon Hyman
This week has been a historic one for the Blog, as I passed 10,000 visits. Thank you to all my readers for helping me reach this milestone. ...
An expectational argument for overtime pay
By Jon Hyman
Another day, another wage and hour issue. In 2006, IBM settled a wage and hour class action lawsuit for $65 million. In the lawsuit, it wa...
Fortune Small Business Magazine: The ticking time bomb of overtime
By Jon Hyman
Fortune Small Business Magazine has a frightening article this week on fatal wage and hour mistakes. While I've written on this topic ...
Take two in FMLA expansion for military families
By Jon Hyman
Both the House and Senate have again overwhelmingly signed the National Defense Authorization Act that President Bush vetoed at the end of l...
Ohio appellate court puts age discrimination statute of limitations in doubt
By Jon Hyman
Ohio's age discrimination statute of limitations has always been one of the quirks of Ohio employment law. All discrimination claims und...
New breed of employee handbook creates legal problems
By Jon Hyman
The blogosphere has been hopping the past several days over the new employee handbook drafted by newspaper conglomerate the Tribune Company...
Untangling Employment Practices Liability insurance
By Jon Hyman
Earlier this month, law.com had a very insightful article on the advantages and pitfalls of business insurance policies. See On the Horns o...
Some words to ponder on MLK Day
By Jon Hyman
Forty-five years ago, "the civil rights movement swirled into Birmingham, a city whose bitter resistance to change made it a battlegrou...
Supreme Court to hear retaliation (Crawford v. Nashville) and ADEA disparate impact (Meacham v. Knolls Atomic Power) cases
By Jon Hyman
The U.S. Supreme Court has granted cert. in two more employment cases to be heard this term. Crawford v. Metropolitan Government of Nashvi...
What else I'm reading this week #14
By Jon Hyman
A few sports related articles to start off this week's round-up. Michael Moore at the Pennsylvania Employment Law Blog discusses the fl...
FMLA does not protect employees who fail to certify absences
By Jon Hyman
Treatment for substance abuse is a serious health condition covered by the FMLA. Unexcused absences from work are not. The distinction betwe...