Top 10 Labor & Employment Law Stories of 2010: Numbers 10 and 9
We start this year’s review not only by looking back at the past year, but also by looking forward to two stories that will dominate the he...
WIRTW #158 (the Merry Christmas edition)
By Jon Hyman
As has become my year-end tradition, next week I will countdown the top 10 labor and employment stories of the year. I do this for two reaso...
DOL shares its preliminary interpretations on lactation breaks
By Jon Hyman
Typically, December is a slow month for litigators. Courts stop calling juries. We all take vacations. Typically, the closer we get to Chris...
When did we all stop accepting responsibility?
By Jon Hyman
A woman in California has filed a class action lawsuit against McDonald’s . She claims that McDonald’s temps kids to eat unhealthily by pro...
Merry Christmas employers—NLRB proposes posting of federal labor rights for ALL covered employees
By Jon Hyman
Today is National Look on the Bright Side Day . I’m having a hard time, though, finding the silver lining in the latest news to come from th...
Do you know? Employee alcohol testing
By Jon Hyman
Under the ADA, an employer is prohibited from making disability-related inquiries and requiring medical examinations of employees unless if...
NLRB to permit “sweetheart” contracts
By Jon Hyman
Imagine a union comes to you claiming to have signed authorization cards from a majority of your employees and offers you the following prop...
WIRTW #157 (the naughty or nice edition)
By Jon Hyman
Peter the Elf graces our home every year between Thanksgiving night and Christmas Eve. He’s my family’s Elf on the Shelf . If you don’t h...
University of Minnesota sidesteps minimum wage violations for “volunteer” employees
By Jon Hyman
Have you seen the amazing video of the roof the Metrodome collapsing last weekend? In need of a temporary home to host this Monday night...
6th Circuit recognizes reasonable expectation of privacy in commercially-stored emails
By Jon Hyman
Earlier this year, in Quon v. Arch Wireless , the Supreme Court dodged the question of whether one has a reasonable expectation of privacy i...
Do you know? ABA/DOL’s Bridge to Justice (or, Bridge Over Troubled Referrals)
By Jon Hyman
A couple of weeks ago, the American Bar Association and the Department of Labor’s Wage and Hour Division announced an unprecedented collabor...
Prepare for the long hard winter and update your severe weather policy
By Jon Hyman
Today is Cleveland's second big snowstorm in less than a week. I, along with myriad other workers around the greater Cleveland area, ar...
WIRTW #156 (the Guantánamo edition)
By Jon Hyman
The story of the week is courtesy of the legal humor blog (and fellow ABA Blawg 100 honoree —don’t forget to vote) Lowering the Bar , which ...
6th Circuit places burden on a disabled employee to propose a reasonable accommodation
By Jon Hyman
Despite the breadth of the 2009 amendments to Americans with Disabilities Act , not all disabled employees receive the benefit of the Act’s ...
Does Justice Alito read my blog? Dissecting the oral argument in Thompson v. North Am. Stainless
By Jon Hyman
Thompson v. North Am. Stainless is near and dear to my heart. This post marks the 8th I’ve written covering this important 6th Circuit reta...
Do you know? Wrongful terminations for attorney consultations
By Jon Hyman
Because Ohio employees working without a contract are at-will, an employer does not need a reason—good, bad, or otherwise—for termination. Y...
BREAKING NEWS: Supreme Court agrees to hear appeal in Dukes v. Wal-Mart
By Jon Hyman
This morning, the Supreme Court agreed to hear the appeal of the class certification of the largest employment discrimination lawsuit ever f...
Ohio democrats look to go down swinging
By Jon Hyman
In boxing its called a puncher’s chance. As long as you’re on your feet, you always have a chance to knock out the other guy. You might get ...
WIRTW #155 (the two-drink-maximum edition)
By Jon Hyman
I was not the only one this week commenting on the legal risks of office holiday parties : The Office Holiday Party - Alcohol-Indu...
A few thoughts on background checks
By Jon Hyman
The New York Times ’s You’re the Boss blog ran a piece yesterday discussing background checks of prospective employees . It focuses on a cas...