Do you know? Discrimination against Muslims
We are now nine years post-9/11. To say that relations between Americans and Muslim-Americans are poor is an understatement. Our country has...
ADA Amendments redefine cancer as a disability
By Jon Hyman
More than two years ago, I criticized a case that dismissed an employee’s disability discrimination claim on the basis that his cancer was ...
WIRTW #143 (the “Are you ready for some football edition?”)
By Jon Hyman
This weekend truly is one of the best sports weekends of the year. It’s opening Sunday for the NFL. Everyone’s 0-0 (even the Browns, who, ...
Is organized labor finally making its resurgence?
By Jon Hyman
Maybe its appropriate (or entirely a coincidence) that during the week in which we celebrate Labor Day, there have been so many stories in t...
EEOC settlement provides really good practice points for combating harassment
By Jon Hyman
Last week, the EEOC announced the settlement of the sexual harassment claims of 21 female janitorial workers against their employer, ABM In...
Do you know? FMLA medical certifications: if you don't ask, then you can't deny
By Jon Hyman
In Branham v. Gannett Satellite Information (9/2/10) [pdf] , the Sixth Circuit faced the issue of whether a negative medical certification ...
Happy Labor Day
By Jon Hyman
http://www.gocomics.com/reallifeadventures/2010/09/06/ Presented by Kohrman Jackson & Krantz , with offices in Cleveland and Colum...
WIRTW #142 (“It’s the bitches that’ll get yas” edition)
By Jon Hyman
Earlier this month, the Second Circuit, in Pucino v. Verizon Communications , held that repeated use of the word “bitch” could create a host...
6th Circuit re-defines walking time as working time under the FLSA
By Jon Hyman
In June, the DOL’s Wage & Hour Division issued an Administrator’s Interpretation finding that that the time spent by employees donning ...
You are what you wear—at least according to the 6th Circuit and “donning and doffing”
By Jon Hyman
Section 203(o) of the Fair Labor Standards Act allows an employer to refuse to pay employees for time spent changing clothes if it has been ...
Do you know? Challenging non-competition agreements
By Jon Hyman
While my practice is heavily slanted towards the representation of management in employment disputes, from time to time I represent employee...
Not another post on wage and hour class actions?
By Jon Hyman
I know what you’re thinking—not another post on wage and hour compliance. Workplace compliance specialist ELT published the results of a rec...
WIRTW #141 (the creepy-crawly edition)
By Jon Hyman
It all started with a short press release from the National Pest Management Association , which announced the results of the 2010 Comprehens...
Wal-Mart seeks Supreme Court review of billion-dollar class action
By Jon Hyman
Yesterday, the nation’s largest private employer asked the Supreme Court to review the class certification of the nation’s largest employmen...
The worst feeling ever, and importance of candor
By Jon Hyman
Imagine a sexual harassment EEOC charge which alleges that a corporate executive displayed pornographic images on his computer to a female ...
Do you know? The Department of Labor updates its strategic plan for the next five years
By Jon Hyman
Earlier this year, the Department of Labor launched its We Can Help website , offering employees a one-stop-shop for wage and hour informati...
Helping those who help themselves: Be wary of common law retaliation claims
By Jon Hyman
Just because a specific statute does not provide a remedy to a terminated employee does not mean that the employee cannot pursue a claim. In...
WIRTW #140 (the social media training edition)
By Jon Hyman
I spend part of this week conducting social media training for a client. I spoke to groups of managers and supervisors. What surprised me mo...
Evidence of moonlighting and misuse of email system prove fatal to retaliation claim
By Jon Hyman
Rudolph Escher claimed that he was terminated in retaliation for complaints he made about his employer’s designation and accounting of his m...
Do you know? Handbook disclaimers
By Jon Hyman
Yesterday, I noted that employees often feign ignorance of employee handbooks . Here’s a textbook example. In Steadman v. Sterilite Corp. ...