Deterring the wage-and-hour scofflaw
The New York Times reported late last week that a Manhattan Domino’s Pizza franchisee has settled a wage-and-hour class action lawsuit for ...
Is regular attendance an essential job function when an employee asks for time off from work?
By Jon Hyman
I’ve written before about the need for employers to handle with care an employee’s request for unpaid time off as a reasonable accommodatio...
WIRTW #306 (the “donning and doffing” edition)
By Jon Hyman
Earlier this week, the U.S. Supreme Court issued its first employment decision of 2014, Sandifer v. U.S. Steel [pdf] , which held that the ...
Eliminating Mad-Men workplace policies #SOTU
By Jon Hyman
During Tuesday’s State of the Union Address, President Obama handed down the following edict : It’s time to do away with workplace policie...
A lesson on union avoidance
By Jon Hyman
Last week, the Department of Labor’s Bureau of Labor Statistics published its annual report of union membership . Private-sector union membe...
Are temporary impairments ADA-protected disabilities? You bet.
By Jon Hyman
When Congress amended the ADA in 2009 , it’s goal was to bring the statute back to its original intent — the protection of the legitimately ...
High praise for The Employer Bill of Rights
By Jon Hyman
It’s always nice for someone to post a five-star review of your book on Amazon, but it’s even nicer when one of the most well-respected and...
WIRTW #305 (the “encore” edition)
By Jon Hyman
In case you haven’t seen the latest and greatest band sweeping Cleveland’s western suburbs, I bring you Norah and the Troopers, courtesy of ...
The workplace ethics of class-segregated bathrooms—the results
By Jon Hyman
Two weeks ago I posed this question: Is it acceptable for a company to prohibit warehouse workers from using office bathrooms? The results?...
When is 1,250 not 1,250? Hours worked versus hours paid for FMLA eligibility
By Jon Hyman
For an employee to be eligible to take leave under the FMLA, the employee must have been employed for at least 12 months, and have at least ...
Why I don't like most non-disparagement clauses (and 3 tips to fix them)
By Jon Hyman
Will Blythe recently penned an op-ed in the New York Times entitled, Fired? Speak No Evil. In this piece, Mr. Blythe chronicled his recent...
Stand by your employees: an ode to Norah and the Troopers
By Jon Hyman
For the past nine months, my daughter has been taking guitar lessons at School of Rock in Strongsville . This past fall, we upped her from p...
WIRTW #304 (the “happy life” edition)
By Jon Hyman
I sometimes use this weekly space to get personal. Today will be one of those posts. My 5-year-old son, Donovan, was born with Noonan Syndr...
Separation of protected activity and discipline can protect employers from retaliation claims
By Jon Hyman
Can an employee succeed on a retaliation claim if the decision maker did not know about the alleged protected activity at the time the emplo...
You can’t always get what you want … but even when you do it’s an “adverse employment action”
By Jon Hyman
Suppose an employee applies for a transfer to an open position. The company decides to hire an external candidate and passes on transferring...
You might be a defendant if … you ask applicants for a family medical history
By Jon Hyman
According to this press release , a New York nursing and rehabilitation center will pay $370,000 to settle a genetic discrimination lawsuit ...
Cursing as religious harassment—context matters
By Jon Hyman
With The year was 1985. I was 12 years and spent the summer at overnight camp. When you spend 8 weeks alone in the woods with a dozen other ...
Blackballing as retaliation
By Jon Hyman
Do you remember Diana Wang, the unpaid intern who sued Hearst Corporation , claiming that the publisher violated that Fair Labor Standard Ac...
Tread lightly if banning workplace gossip, says NLRB Judge
By Jon Hyman
I recently came across a blog post that answered the question of how to deal with workplace gossip . One solution you might want to avoid is...
A weighty lesson on pregnancy discrimination
By Jon Hyman
It’s the first full week of January, which means that lots of people are attempting to execute on their New Year’s resolutions. Many of thos...