WIRTW #192 (the “Fly, Eagles Fly” edition)
Man, am I ready for some football! Also, this is my last pitch for nominations for the ABA Blawg 100 (closes today) and the LexisNexis ...
6th Circuit volunteers gift to volunteer employees in coverage under Title VII
By Jon Hyman
Lots of people work for free—volunteers, interns, students, and others all provide their time to businesses without receiving any pay in ret...
NLRB finally gives some real-world guidance on social media as protected, concerted activity
By Jon Hyman
In the NLRB's final act before the long Labor Day weekend, an Administrative Law Judge in Buffalo, NY, issued his decision in Hispanics ...
Pregnancy as disability discrimination: New ADA vs. Old ADA
By Jon Hyman
A year ago, the 6th Circuit concluded that pregnancy-related impairments that are not part of a “normal” pregnancy—such as miscarriage susc...
Happy Labor Day
By Jon Hyman
Like most, I’m off today. The Department of Labor, though, never sleeps. It has an entire micro-site that celebrates today’s holiday: h...
WIRTW #191 (the “Come on Irene” edition)
By Jon Hyman
Bad puns aside, last weekend was not a good one for the Northeast. Other than an extended power outage, Irene’s worst spared my family in su...
Can a handbook policy bind an employee to arbitration? 6th Circuit says no.
By Jon Hyman
We spend a lot of time debating the respective merits of fine point of the law. The reality, however, is that judges are people too. Despite...
NLRB gifts huge victory to unions, and against secret-ballot elections (Lamons Gasket)
By Jon Hyman
Generally, a union can become employees’ exclusive bargaining representative in one of two ways: a secret ballot election following a pre...
“Never pick a fight with an ugly person, they’ve got nothing to lose.”*
By Jon Hyman
In Sunday’s New York Times , University of Texas economics professor Daniel Hamermesh penned an op-ed entitled, “Ugly? You May Have a Case.”...
“May” I have another (lawsuit)? One word sinks employer’s efforts to force arbitration
By Jon Hyman
It’s no secret that I’m not a fan of arbitration of employment disputes. Conventional wisdom says that binding arbitration keeps down costs...
WIRTW #190 (the “Network” edition)
By Jon Hyman
I love Twitter . Why, you ask? Because it routines scoops the major news outlets for breaking stories. Tuesday was a perfect example. I fe...
BREAKING: NLRB publishes final rule on mandatory posting of labor rights
By Jon Hyman
Last December , the NLRB proposed a rule requiring employers to post notices informing their employees of their rights as employees under th...
Keeping head in sand risky to employers in discrimination cases
By Jon Hyman
I’ve written before about the honest-belief rule — if an employer honestly believed in the proffered reason for its action, an employee can...
Why people hate lawyers
By Jon Hyman
Suppose you apply for a job. The job has certain dress code requirements for all employees. You, however, think the mandatory clothing wi...
EEOC garners $2.6 million fee award … but not how you think
By Jon Hyman
A Michigan federal judge has slammed the EEOC for its “reckless sue first, ask questions later strategy.” After 11 years of litigation, the ...
LexisNexis nominates the Ohio Employer’s Law Blog for consideration as one of the top 25 Labor & Employment Blogs
By Jon Hyman
I am pleased to announce that LexisNexis has honored me by naming the Ohio Employer’s Law Blog to its list of nominees for the Top 25 Labor ...
Vaporizing employment laws? The results
By Jon Hyman
On Monday, I asked my readers the same question posed by Walter Olson at Overlawyered : “If I could press a button and instantly vaporize on...
Federal court takes EEOC to task for its work-life-balance agenda
By Jon Hyman
In a 64-page opinion, a New York federal court issued a scathing indictment of the EEOC’s sue-first-ask-questions-later litigation tactics. ...
NLRB releases report on social media cases
By Jon Hyman
Are you curious about how the NLRB has been handling cases that involve allegations of employees disciplined or terminated for social media ...
Terminating a poor performer AFTER protected conduct? Read this post.
By Jon Hyman
I’ve written before about the difficulty employers face when terminating an employee for performance problems after that employee engages ...