The Return of the Cat’s Paw
No, this is not a review of a 70’s B movie. The Supreme Court has agreed to review a case concerning the “cat’s paw” theory of discriminatio...
Announcing KJK’s next Breakfast Briefing: The Top 5 Issues Confronting Your Business’s HR Practices Today
By Jon Hyman
Top 10 lists are so 2009. KJK’s employment lawyers will bring you the top 5 issues currently facing your business and its HR practices as w...
Do you know? Overtime for non-exempt commissioned employees
By Jon Hyman
Only a small subset of commissioned employees are exempt from the Fair Labor Standards Act’s overtime provisions. For the majority of employ...
When should you get an attorney involved with a problem employee? As soon as possible.
By Jon Hyman
A few weeks ago I wrote about what employers need to know about EEOC investigations . I suggested that employers get attorneys involved “as ...
WIRTW #123
By Jon Hyman
It’s impossible to cover every labor & employment story that hits every week. The most interesting news of the week that I did not yet h...
Pets in the workplace: assessing the risks and drafting a policy
By Jon Hyman
Sarah’s Needleman’s Small-Business Boss column in today’s Wall Street Journal discusses pet-friendly workplaces. I spoke with Sarah earlier...
Reasonable accommodations for an employee’s inability to commute to work
By Jon Hyman
Consider the following story. An employee with a history of eye problems (glaucoma and partial blindness) presents a doctor’s note recommend...
Do you know? Using criminal histories and conviction records in hiring
By Jon Hyman
A rejected applicant has filed a class action lawsuit against management consulting firm Accenture, claiming that it discriminates against m...
This is not a late April Fools’ joke: Employees strike over right to drink beer at work
By Jon Hyman
Oh to have the labor problems in this country that they have elsewhere around the world. For example, take Denmark beer company Carlsberg. ...
WIRTW #122
By Jon Hyman
May 4 is primary election day in Ohio. In Cuyahoga County, there are 5 contested Democratic judicial primaries – 2 in common pleas court, an...
Department of Labor targets enforcement of rules against unpaid internships
By Jon Hyman
More than a year ago, I cautioned employers about the legal risks of unpaid internships . At the time, I wrote that the Department of Labor ...
Illustrating the duty of loyalty
By Jon Hyman
About a month ago I wrote about the an employee’s duty of loyalty to his or her employer . Here’s some of what I said: Just because an ...
Do you know? What employers need to know about EEOC investigations
By Jon Hyman
You’ve just received notice from the EEOC (or its state equivalent, the OCRC, for example) that an employee has filed a charge of discrimina...
Update your Technology Policy to account for personal, web-based email
By Jon Hyman
Last week I discussed Stengart v. Loving Care Agency , which held that employees had a reasonable expectation of privacy in the personal, pa...
WIRTW #121
By Jon Hyman
This week’s summary follows-up on two important stories I wrote about this week – mandatory lactation breaks , and Craig Becker’s recess app...
DOL: “We can help.” Employers: “Don’t do us any favors.”
By Jon Hyman
I just received the following email from the Department of Labor: Today, the Secretary of Labor and the Deputy Administrator of the Wag...
NJ Supreme Court hampers corporate email surveillance
By Jon Hyman
Employers generally think that they own and control all data that passes through their computer networks, whether work-related or personal t...
Department of Labor issues game-changing guidance on the administrative exemption and loan officers
By Jon Hyman
In February, I discussed the application of the Fair Labor Standards Act’s administrative exemption, and made the point that whether an admi...
Do you know? Healthcare bill requires lactation breaks
By Jon Hyman
This morning I’m updating and synergizing two of last week’s posts: Do we really need to pump up workplace lactation rights? and House pass...
Bill seeks to snuff out discrimination against smokers
By Jon Hyman
Take a look at H.B. 470 , introduced last week in Ohio’s legislature. It provides: “No employer shall discharge without just cause, refuse t...