The Legal Workplace Blog
Jonathan Hyman—a partner at Cleveland’s Kohrman Jackson & Krantz—provides proactive and results-driven solutions to employers’ workforce problems. Jon concentrates his practice on the representation of companies in employment disputes. His recent victories include defeating certification of a wage-and-hour class action and obtaining summary judgment in a discrimination and retaliation lawsuit. He also serves as an “outside in-house counsel” for businesses that lack an in-house labor and employment attorney, drafting policies, auditing HR practices and procedures, and advising companies on day-to-day HR issues.
Jon is the author of the nationally recognized and award winning Ohio Employer’s Law Blog, which the ABA has commended as one of the top 100 legal blogs three years running, and which LexisNexis has honored as one of the top Labor & Employment blogs. His most recent book, The Employer Bill of Rights: A Manager’s Guide to Workplace Law is a practical handbook designed to help business owners and managers navigate the ever-changing maze of labor and employment laws, rules and regulations. Jon also co-authored Think Before You Click: Strategies for Managing Social Media in the Workplace.
Jon has been a Super Lawyers Ohio Rising Star in the area of Employment Law six out of the last seven years. Lastly, Jon appeared on a November 1999 episode of Who Wants to be a Millionaire, but, sadly, lacked the fastest fingers.
The Earth stopped rotating on its axis earlier this week when Angelina Jolie announced that she is undergoing a voluntary double mastectomy. Her rationale? Because she carries the BRCA1 gene, she is 87 percent likely to contract breast cancer at some point in her life. Have you heard of GINA, the Genetic Information Nondiscrimination Act? [...]
Last year, the EEOC issued its long awaited Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. While the Guidance was much more fair and balanced than many employer advocates (me included) expected, it does include some head-scratchers for businesses. One such conundrum is how regulated employers are [...]
Your accounting records might soon look a little different—that is, if you provide perks at work such as free meals and if the IRS gets its way. According to the Internal Revenue Code, certain employer-provided meals are exempt from the definition of “gross income” and, therefore, not taxed. To be considered non-taxed, an employer must [...]
To establish an unlawful hostile work environment, an employee must prove, among other factors, that the workplace was subjectively offensive. Some employers misinterpret this requirement as meaning that an employee who participates in sexual banter, off-color jokes, or shares intimate details of her personal life is asking to be harassed. Case in point? In EEOC [...]
Matthew Inskeep sued his employer, claiming that he was harassed on the job because of his sexual orientation. In Inskeep v. Western Reserve Transit Auth. (Ohio Ct. App. 3/8/13), the court tossed out his case. And, it did so without even reaching the merits of what allegedly happened to Matthew Inskeep. Instead, it ruled that [...]
An employee walks into your office and makes the following statement: “During my interview for a promotion, the CEO asked me about Asian massages and happy endings. I didn’t get the promotion, and now I feel that I was sexually harassed.” What do you do? Launch an immediate investigation into the CEO’s comments, and take [...]
Yesterday, the New York Times’ You’re the Boss Blog asked the following question: How do you handle employee litigation? Do you dig in your heels and fight, settle, or some combination of the two? The NYT’s blog post recounted the story of one small business owner who chose to stand his ground and assume the [...]
Last month, the EEOC announced a half-million dollar settlement with BASF Corporation. The agency alleged that BASF retaliated against a poor performing employee by insisting, as part of a “last-chance agreement”, that the employee not file any charges of discrimination with the EEOC. Concerned about the agreement’s effect on his civil rights, the employee refused to sign; [...]
Cisco recently interviewed 3,600 Gen Y College students and workers between the ages of 18 and 30. The purpose of the survey was to gauge the influence of social media, mobile devices, and the Internet on that generation’s job choices. The results (via Gen Y Hub) say a lot about how companies should be managing the [...]
Do you have employees under the age of 35? If so, the odds are that they communicate with each other with text messages on their mobile devices. If you’ve ever texted, you know the evils of autocorrect. For the uninitiated, autocorrect is a function of today’s smartphones that automatically changes an unrecognized word to its closest [...]