Social media background checks : off-duty conduct laws :: oil : water
One report suggests that as many as 91% of employers use social networking sites to screen potential employees, with as many as 69% of emplo...
Trying to make sense of the NLRB’s lastest social media missive? Good luck!
By Jon Hyman
I’ve now had a few days to digest the NLRB’s latest foray into regulating social media in the workplace . I can sum up the NLRB’s report in ...
WIRTW #210 (the “organizing my life” edition)
By Jon Hyman
I live in a constant search for the perfect task organizer/to-do list. For the past several months, I’ve been using Toodledo , which is rob...
The word of the day is “systemic”
By Jon Hyman
The EEOC has published its draft strategic plan for fiscal years 2012 – 2016 . A quick Ctrl-F for the word “systemic” reveals 16 different h...
BREAKING: NLRB issues 2nd report on social media as protected concerted activity
By Jon Hyman
I just received the following news release, via email, from the NLRB: To help provide further guidance to practitioners and human resou...
When office pranks attack
By Jon Hyman
Read these facts, from Slasinski v. Confirma, Inc. (6th Cir. 1/24/12) [pdf] , and I’ll be back to discuss: In July 2007, members of Co...
If employees had common sense, I’d be out of a job
By Jon Hyman
Last Thursday, I participated in the Social Workplace Twitter Chat (#SWchat), which covered social media policies. In response to a questio...
Do not forget to tell employees how you are calculating FMLA leave
By Jon Hyman
Two of the most popular post on this blog relate to how employers calculate their employees’ “annual” FMLA leave allotment: Determining...
WIRTW #209 (the “I am the greatest” edition)
By Jon Hyman
This week, we celebrated the 70th birthday of the greatest (and most entertaining?) athlete ever, Muhammed Ali: Here’s the rest of what I...
“Friending” co-workers depends on your level of organizational risk tolerance
By Jon Hyman
On Time Magazine ’s Moneyland Blog, Dan Schawbel asks the following questions: “Is it a bad idea to friend co-workers on Facebook? How abo...
Is it time to do away with McDonnell Douglas?
By Jon Hyman
For the unfamiliar, the McDonnell Douglas test is an evidentiary framework used in discrimination cases, which lack direct evidence of disc...
Clearing a path to complain is a key part of any harassment policy
By Jon Hyman
EEOC v. Management Hospitality of Racine, Inc. (7th Cir. 1/9/12) concerns some of the worst allegations of sexual harassment you will en...
What Dr. King fought for … and what he didn’t
By Jon Hyman
What MLK fought for… From abcnews.com , discussing the resolution of a story on which I reported last month : The Ohio Civil Rights C...
WIRTW #208 (the “manners” edition)
By Jon Hyman
Next week, my daughter’s kindergarten class will hold its second “manners lunch.” It is a formal lunch, with formal place settings, at which...
Supreme Court finds religion, dismisses discrimination lawsuit
By Jon Hyman
Any decision issued by the Supreme Court in an employment case is newsworthy. Thus, even though Hosanna-Tabor Evangelical Lutheran Church ...
Statistics show that lactation breaks are not a workplace problem
By Jon Hyman
Before you read further, make sure you are sitting down, and that there is nothing blunt nearby for you to bump your head on if you pass out...
Is the NLRB backing off its position on social media as protected, concerted activity?
By Jon Hyman
A quartet of advice memos released by the NLRB’s Office of the General Counsel over the past weeks suggests that the NLRB may be backing of...
NLRB trumps U.S. Supreme Court on class action arbitrations
By Jon Hyman
Last year, the U.S. Supreme Court, in AT&T Mobility v. Concepcion , held that a business could compel a group of individuals to waive th...
WIRTW #207 (the “world tour” edition)
By Jon Hyman
Okay, so it’s not really a world tour, but I do have a bunch of speaking engagements coming up in the next few weeks, all but one of which y...
Disability discrimination law in Ohio is a mess
By Jon Hyman
Let’s start with the obvious: it is illegal in Ohio for an employer to discriminate against an employee because of the employee’s disability...