WIRTW #276 (the “HR in strange places” edition)
Recently, an employee, described as an organization’s “most difficult,” received a scathing performance review. Among his faults detailed i...
Archive: May 2013
Is your wellness program discriminatory?
By Jon Hyman
It is no secret that health care costs for employers and their employees are out of control in this country. Many employers have attempted t...
(an)G(el)INA
By Jon Hyman
The Earth stopped rotating on its axis earlier this month when Angelina Jolie announced that she is undergoing a voluntary double mastectomy...
There are no magic words to invoke the FMLA
By Jon Hyman
The Family and Medical Leave Act does not require an employee to use the word “FMLA” to request leave under, and invoke the protections of, ...
“Fire me. … Make my day” does not equal protected concerted activity (thank god)
By Jon Hyman
The Rolling Stones famously sang, “ You can’t always get what you want .” One employee recently got exactly what she wanted (and needed) fro...
WIRTW #275 (the “reality bites” edition)
By Jon Hyman
Last night, Fox debuted its new reality show, Does Someone Have To Go? , which Entertainment Weekly bills as Survivor meets The Office . H...
When state law conflicts with the EEOC on criminal background checks, who wins?
By Jon Hyman
Last year, the EEOC issued its long awaited Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisi...
Email surveillance as evidence of retaliation
By Jon Hyman
Employees should not operate under any false ideas that they enjoy an expectation of privacy in their work email accounts . Just because an ...
Social media is the digital water cooler
By Jon Hyman
Let’s say your business is located in a less-than-desirable neighborhood. Three of your employees engage in the following conversation on th...
Fired for suing an ex-employer? Court rejects public policy claim
By Jon Hyman
Carcorp hired Barry Elam to work in its finance department. A few months into his employment with Carcorp, Elam sued his prior employer, Bob...
WIRTW #274 (the “Dunder Mifflin” edition)
By Jon Hyman
Last night brought us the final episode of what may be the greatest ever satire of the American workplace—The Office. Seinfeld, that is how...
Patriots cutting of diabetic player raises serious ADA issues
By Jon Hyman
The New England Patriots recently cut defensive tackle Kyle Love. This news is not worthy of consideration on an employment law blog until I...
Employee vs. independent contractor: do you know the difference
By Jon Hyman
Employers take a risk when they classify someone performing services for them as an independent contractor instead of an employee. Because e...
How much does it cost to defend an employment lawsuit?
By Jon Hyman
Last Friday I had the pleasure of appearing on Huffington Post Live, in a segment entitled, “You’re Fired! No really.” We discussed the curr...
Cruise-ing for a lawsuit: EEOC sues company for forced practice of Scientology
By Jon Hyman
The EEOC has filed against a Miami, Florida, medical service provider, alleging that it has violated Title VII’s religious discrimination pr...
WIRTW #273 (the “NLRB, fuggetaboutit” edition)
By Jon Hyman
Remember those posters explaining employees’ rights under the National Labor Relations Act that the NLRB wanted all employers (union and no...
Debunking myths of a pro-business Supreme Court
By Jon Hyman
Conventional wisdom says that the current iteration of the United States Supreme Court is pro-business. In support of this position, Adam Li...
You’d think we’d all know the dangers of “reply all” by now
By Jon Hyman
Is there any more helpless feeling in today’s business world than sending an email, and then immediately realizing that you made a mistake? ...
Taking issue with the term “wage theft”
By Jon Hyman
Lately, I’ve read a lot of blogs that accuse employers of committing rampant wage theft (e.g., here , here , and here ). I have a huge pro...
Big verdicts might grab headlines, but it’s the final judgment that counts
By Jon Hyman
I never thought I’d read about a case in which I could say to myself, “A $240 million jury verdict doesn’t seem all that out of whack.” Then...
WIRTW #272 (the “sensual harassment” edition)
By Jon Hyman
We’ve all heard of sexual harassment. But, have you heard of “ sensual harassment ?” Here’s the rest of what I read this week: Discrimina...
There’s no such thing as a free lunch
By Jon Hyman
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 it...