Reading the tea leaves: Staub v. Proctor Hospital and the “Cat’s Paw”
Before we get into the specifics of the Staub case, let’s first discuss the relationship between a cat’s appendage and employment discrimin...
Do you know? 10 provisions to include in severance and separation agreements
By Jon Hyman
Last week, I wrote about problems in enforcing non-disparagement clauses in separation agreements . It got me to thinking—what other clauses...
You deserve to be told who to vote for today … at McDonald’s
By Jon Hyman
A McDonald’s franchisee in Canton finds itself in trouble this election season for including inside employees’ paychecks a pamphlet urging t...
Is it illegal to ask employees to promise not to sign union authorization cards?
By Jon Hyman
While the Employee Free Choice Act has stalled in Congress, it does not mean that it is no longer newsworthy. For example, tomorrow, four ...
WIRTW #150 (the sesquicentennial edition)
By Jon Hyman
It’s hard to believe that I’ve been writing these wrap-ups for 150 weeks. When I started this feature on October 12, 2007 , I never imagined...
Best remedy for sick day abuse is a clear policy
By Jon Hyman
In a 2006 episode of The Office , Dwight goes undercover to spy on co-worker Oscar when he suspects sick day abuse. He discovers that Oscar...
Court concludes that “common slang” does not violate non-disparagement clause in severance agreement
By Jon Hyman
I’ve seldom, if ever, negotiated a separation or settled an employment dispute for an employer without insisting that a non-disparagement cl...
Do you know? The DOL is encouraging employee covert ops in your business
By Jon Hyman
Six months ago, I wrote about the Department of Labor’s Wage & Hour Division’s launch of a one-stop web portal, We Can Help . Its state...
Court compels production of social networking user names, logins, and passwords, and dispels any notions of personal privacy
By Jon Hyman
As I’ve recently discussed ( Discovey of Social Networks in Employment Disputes and More on the Lack of Privacy in Social Media ), social n...
WIRTW #149 (the work / family edition)
By Jon Hyman
October is National Work & Family Month . In it’s honor, I bring you three posts I read this week celebrating this cause: Euro...
EEOC holds public hearing on credit histories and employee selection criteria
By Jon Hyman
Yesterday, the EEOC held a public hearing on the use of credit histories as selection criteria in employment. It heard testimony from repres...
I wonder if these kids will need extra harassment training when they grow up?
By Jon Hyman
Seen yesterday at AT&T Park, as photographed by The700Level.com : Better sign these kids up now for the anti-harassment power cour...
Do you know? Litigating disputes in court does not always make business sense
By Jon Hyman
I believe that litigation is the worst possible way to settle disputes. This may come as a shock, considering that I am a litigator and tria...
Interesting data in latest litigation trends survey
By Jon Hyman
Law firm Fulbright & Jaworski has released its 6th annual Litigation Trends survey (you can also read my thoughts on the 2009 survey ...
WIRTW #148 (the “people sue for the darndest things” edition
By Jon Hyman
Three stories caught my eye this week: Lawsuit of the Day: Pass the Wooden Dildo, Please (via Abovethelaw.com), Gay Skydiving Instructor ...
Does FLSA’s anti-retaliation provision cover oral complaints? The Kasten v. Saint-Gobain oral argument
By Jon Hyman
Yesterday, the U.S. Supreme Court heard oral argument in Kasten v. Saint-Gobain Performance Plastics ( transcript available from Supreme Cou...
A trial lawyer’s worst nightmare: a story from the trenches
By Jon Hyman
I was defending a contentious age discrimination case. At trial, the plaintiff called as her first witness the president of the small non-pr...
Do you know? Ten tips for effective litigation holds
By Jon Hyman
The purpose of a litigation hold is to stop the destruction of potentially relevant or discoverable documents and information pursuant to a ...
A lesson from Columbus Day
By Jon Hyman
When I took the dog out for her morning walk, I noticed a newspaper in my driveway. You might not think that is all that remarkable, but wh...
ADA podcast is now available from The Proactive Employer
By Jon Hyman
Last Friday, I had the privilege of participating in a roundtable discussion on disability discrimination , hosted by Stephanie Thomas as p...