Just because lone acts of harassment aren’t always actionable doesn’t mean you should ignore them
By now, you’ve likely heard of the furor over the Confederate flag following the horrific church massacre in Charleston, South Carolina. You...
What’s next for Uber after independent-contractor loss?
By Jon Hyman
In March, I reported on a lawsuit filed against Uber by a class of its drivers claiming that the taxi company mis-classified them as indepen...
WIRTW #371 (the “no more pencils…” edition)
By Jon Hyman
I love school. I mean, I loved school when I was a student, but now that I work, and my wife works, I really love when my kids are in school...
Get in the zone … the no-blacks zone
By Jon Hyman
Does Title VII permit an employer to staff its stores based on the racial composition of its customers? That’s the question at the heart of ...
The “duck” test for independent contractors
By Jon Hyman
Earlier this week, FedEx announced that it would pay an astounding $228 million to settle claims that it had misclassified drivers as indep...
Legal marijuana remains off-limits in the workplace
By Jon Hyman
It is likely that when Ohioans go the polls this November, we will have the opportunity to vote on whether to amend our state constitution t...
Why don't discrimination laws protect everyone from abuse?
By Jon Hyman
The Huffington Post asks the following question: Laws Protect Certain Classes from Workplace Abuse: Why Not Everyone? It’s a valid quest...
WIRTW #370 (the “I’m ready for my close-up”) edition
By Jon Hyman
What are you doing at 8 pm tonight? I know what I’m doing. I’ll be watching Stossel on Fox Business Network . I was in New York on Tuesday t...
Beware the email chain of fools
By Jon Hyman
A software engineer rejected for a job by GoDaddy is suing the company for discrimination. Why does he believe that the company discriminate...
Racist comments as protected concerted activity (really!)
By Jon Hyman
Racism at work cannot be tolerated, right? So here’s a quick quiz. Assume you hear a white employee yelling the following at black co-worker...
DOL set to publish guidance on independent-contractor status
By Jon Hyman
Later this morning, I’ll board a flight for New York City to tape a segment for John Stossel’s Fox News show , to air Friday at 8 pm on Fox ...
Defining the three-headed associational disability claim
By Jon Hyman
You likely know that the ADA protects employees from discrimination “because of the known disability of an individual with whom the qualifie...
WIRTW #369 (the “see me, hear me”) edition
By Jon Hyman
It’s been awhile since I’ve updated everyone on when and where you can hear me speak, and I’ve got a bunch coming up in the next few weeks. ...
Transgender rights take center stage
By Jon Hyman
It’s been a big week for the rights of transgender Americans. Caitlyn (née Bruce) Jenner had her coming out party on the cover of Vanity F...
Did the 6th Circuit just guarantee jury trials in off-the-clock wage/hour cases?
By Jon Hyman
One of the most difficult things to do is prove a negative. Yet, this is exactly the problem that employers face when defending wage and h...
#SCOTUS requires employers to stereotype in ruling for EEOC in hijab-accommodation case
By Jon Hyman
Yesterday, the United States Supreme Court ruled that an employer violates Title VII’s religious accommodation requirements if the need for ...
6th Circuit: reasonable belief about unlawful conduct enough for SOX retaliation
By Jon Hyman
It’s hard to imagine that in the eight-plus years I’ve written this blog, there is any area of employment law that on which I have not yet t...
WIRTW #368 (the “let's go Cavs” edition)
By Jon Hyman
It’s t-minus six days until championship fever sweeps the most victory-starved city in America. Let’s go Cavs! A photo posted by Cl...
A lesson on the importance of uniformity in performance standards
By Jon Hyman
Under the ADA, and employer can require all employees, including disabled employees, to meet minimum qualification standards. According to t...
“You’re late again!” “Talk to my lawyer.”
By Jon Hyman
I’m timely to a fault. I hate being late, and go to great lengths to ensure that I am never tardy for anything. I think it’s annoying to tho...