Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.Read More
While this case does not necessarily spell the end of the independent contractor, it very well could be the beginning of trend of cases leading down this path.
Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.Read More
Hear what Jon Hyman had to say on WCPN about the Ban the Box movement. Read More
The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.Read More
Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.Read More
Retaliation claims remain harder for employees to prove, and easier for employers to win on summary judgment.Read More
This case creates a dangerous precedent. It enables an employee to create an unfair labor practice out of thin air merely by airing an issue with co-workers, regardless of whether those co-workers share in that concern.Read More
An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.Read More
FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.Read More