On Dustin Johnson and knowing the rules: A lesson for your employees
Rule 13.4 of the USGA’s Rules of Golf provides a two stroke penalty for grounding one’s club in a hazard. Certainly Dustin Johnson knew thi...
A real life example of the difference between the old ADA and the amended ADA
By Jon Hyman
Two years after Mantych Metalworking hired Dan Wallace, he suffered a heart attack. He also had a history of back problems. Five years later...
WIRTW #139 (bald is beautiful edition)
By Jon Hyman
At 37, I’m pretty comfortable in my baldness. I’m not sure if it was Michael Jordan, or finding me wife, who loves me for me, bald head and ...
More on pregnancy as a disability
By Jon Hyman
The more I think about yesterday’s post discussing Spees v. James Marine, Inc. —which held that pregnancy-related impairments that are not p...
Pregnant = disabled, at least according to the 6th Circuit
By Jon Hyman
The Americans with Disabilities Act expressly excludes pregnancy as a disability. Or at least that’s what it says, and what I’ve always beli...
Do you know? What triggers the duty of reasonable accommodation?
By Jon Hyman
Suppose an employee suffers from sleep apnea, which keeps the employee awake for periods of time at night. In fact, the employee’s nighttime...
California court declares open season on stray workplace remarks
By Jon Hyman
Traditionally, an employee cannot use stray remarks in the workplace to prove discrimination. Under the stray remarks doctrine, courts deem ...
WIRTW #138
By Jon Hyman
Boy has it been quiet this week. Sure, the Senate confirmed Elena Kagan to a seat on the Supreme Court , but otherwise it seems like everyon...
The best way to settle an employment case
By Jon Hyman
Yesterday at Jottings By An Employer’s Lawyer , Michael Fox praised the Employment Law Group for announcing a jury trial loss in a blog pos...
Celebrating the ADA, but bemoaning its breadth
By Jon Hyman
As I noted last Friday, the ADA recently enjoyed its 20th anniversary. Last Monday, in The New Republic, Jonathan Cohn celebrated the ADA ...
Do you know? 10 tips for preparing for your deposition
By Jon Hyman
I’ve been taking and defending more depositions than usual lately, and, naturally, I’ve been thinking a lot about the art of the deposition....
I don't like Mondays (tell me why)
By Jon Hyman
There is no worse feeling than coming into your office bright and early on a Monday morning, hitting the power button on your computer, and....
WIRTW #137
By Jon Hyman
Happy 20th Birthday to the ADA. Some notable bloggers share their thoughts on the ADA at 20. ADA’s 20th Anniversary – from Walter...
If you want something to be a trade secret, don’t publish it
By Jon Hyman
While it seems like common sense, for something to be a trade secret it must actually be secret. Rogers Indus. Prods. v. HF Rubber Machiner...
A chocolate cupcake by any other name…
By Jon Hyman
The EEOC has settled a race and sex discrimination case against a local temporary agency, Area Temps. The EEOC alleged that the agency used ...
Do you know? Content of FMLA medical certifications
By Jon Hyman
So often we get bogged down in the minutia of an employment law issue or a specific case. I thought that today, we’d take a step back and fo...
DOL provides guidance on break time for nursing moms
By Jon Hyman
One of the lesser heralded provisions of the Patient Protection and Affordable Care Act (better known as the Health Care Reform Bill) is sec...
WIRTW #136
By Jon Hyman
When I write I post about which I’m particularly proud, I’ll ask my wife for her opinion, which is what I did last night for my post from ye...
We are devolving into a society of assholes (and what it means to your workplace)
By Jon Hyman
I went to a concert last night—Jack Johnson to be specific, which, by all accounts, was a low-key and mellow way to spend an evening. Or, at...
Why employees sue
By Jon Hyman
At the conclusion of a day-long plaintiff’s deposition in an FMLA and disability discrimination lawsuit, it was clear to me that my client h...