More on why holding lawyers liable for retaliation to a client's employee is the worst idea
Yesterday’s post discussing Arias v. Raimondo as the worst employment-law decision of 2017 was way more controversial than I imagined....
Is this the worst employment law decision of 2017?
By Jon Hyman
I’ll be vacationing in California with my family the first two week of July. After reading the 9th Circuit’s decision in Arias v. Raimond...
The 13th nominee for the “worst employer of 2017” is … the racist boss
By Jon Hyman
I couldn’t describe the 13th nominee for the worst employer of 2017 any better than CNN did in its story about this (alleged) peach of a ...
WIRTW #466 (the “solo” edition)
By Jon Hyman
I gotta give my girl credit. She’s got cohones (especially at the age of 11). Through a casual exam-chair conversation with her orthodontist...
Reporting harassment down is no trigger for employer action, says 6th Circuit
By Jon Hyman
Employers have a legal obligation to investigate known sexual and other unlawful harassment, and exercise reasonable care to prevent and ...
6th Circuit grants EEOC broad subpoena powers
By Jon Hyman
The Witch: I’m not a witch! I’m not a witch! Sir Bedevere: But you are dressed as one The Witch: *They* dressed me up like this! Cro...
The 12th nominee for the “worst employer of 2017” is … the parental stereotyper
By Jon Hyman
Last week, Derek Rotondo, a dad of two young children, filed a sex discrimination charge with the EEOC against his employer of seven year...
The 11th nominee for the “worst employer of 2017” is … the pregnant pause
By Jon Hyman
The EEOC has taken a judgment of $118,483 against a New jersey debt collection firm in a pregnancy discrimination case. Why? Because the f...
WIRTW #465 (the “gimme a break” edition)
By Jon Hyman
Next week, I am taking a much needed break, as I will be out of the office. I’ll see everyone back on June 19. Of course, now that I’ve co...
DOL pulls Obama-era guidance on joint employment and independent contractors
By Jon Hyman
The past two years have been busy for the Department of Labor’s Wage and Hour Division. One can directly track a large part of its busy wo...
Next up on the EEOC’s radar: age discrimination
By Jon Hyman
This year, the Age Discrimination in Employment Act turns 50. Which means the law itself has been protected from age discrimination for a ...
R-E-S-P-E-C-T (just a little bit)
By Jon Hyman
I ain’t gonna do you wrong while you’re gone Ain’t gonna do you wrong ‘cause I don’t wanna All I’m askin’ Is for a little respect – Ar...
A contrary (and common sense) appellate view on rude employees and the NLRA
By Jon Hyman
It’s been six weeks since I reported on NLRB v. Pier Sixty , in which the 2nd Circuit Court of Appeals held that the National Labor Relat...
WIRTW #464 (the “school’s out…” edition)
By Jon Hyman
One of the elements of my kids’ school that I like most is that the curriculum provides many opportunities for public speaking at every grad...
The importance of an anti-harassment culture
By Jon Hyman
I came across an interesting article at the Harvard Business Review— The Omissions That Make So Many Sexual Harassment Policies Ineffectiv...
When is a settlement not a settlement? FLSA
By Jon Hyman
When you settle a lawsuit with an employee, you are bargaining for finality. You are paying that employee to resolve all disputes between...
6th Circuit joins the battle over class-action waivers
By Jon Hyman
There has been much judicial and administrative ink spilled over the past few years over whether the National Labor Relations Act permits...
WIRTW #463 (the “so special” edition)
By Jon Hyman
This weekend is a big one for Norah. Today, she graduates from 5th grade and walks across the quad to become a middle schooler. And tomorrow...
When equal pay is not “equal” pay
By Jon Hyman
The Equal Pay Act requires that an employer pay its male and female employees equal pay for equal work. The jobs need not be identical, bu...
Federal court breaks new ground with transgender disability discrimination claim
By Jon Hyman
The ADA expressly excludes from its coverage “transvestism, transsexualism, … [and] gender identity disorders not resulting from physical...