Fired news reporter, Shea Allen, illustrates the meaning of “profersonal” for today’s workers
It’s exactly a year to the day that I first wrote about the disappearing line between the professional and personal online. Jason Seiden , ...
Archive: July 2013
The DOL’s “Fair Labor Data Challenge” presents an interesting strategy, but is it fair?
By Jon Hyman
The Department of Labor is asking for help to create an iPhone/Android app to aid employees in tracking corporate wage-and-hour compliance. ...
Court rejects use of social media evidence in defense of wage-and-hour claim
By Jon Hyman
One of the difficulties employers face in defending wage and hour lawsuits alleging “off-the-clock” work is how to prove a negative. The emp...
WIRTW #282 (the “shut yo’ mouth” edition)
By Jon Hyman
Language and race have been in the news lately. From Trevon Martin to Paula Deen, it seems that everyone is talking about the meaning of rac...
Giving Employee the “Milton Treatment” Leads to Discrimination Claim
By Jon Hyman
And I said, I don’t care if they lay me off either, because I told, I told Bill that if they move my desk one more time, then, then I’m, I’...
Is this the worst fake doctor’s note ever? And what could you do about it?
By Jon Hyman
Buzzfeed recently published the above note, which an employee provided asking his boss for a day off from work. Not only did the employer ...
Instagram, Vine, and … the NLRB (uh-oh)
By Jon Hyman
Are you concerned about the impact of micro photo and video sites such as Instagram and Vine on your workplace? For the past few months, D...
“That guy” has a valid retaliation claim?
By Jon Hyman
Every workplace has “that guy.” The employee who can’t quite seem to keep his mouth shut, who says inappropriate things, the one you know wi...
WIRTW #281 (the "is it live or is it Memorex" edition)
By Jon Hyman
Earlier this week, I appeared on Huffington Post Live , in a segment discussing discrimination laws, at-will employment, and the rights of e...
Ohio Supreme Court strikes blow to class action lawsuits
By Jon Hyman
In recent terms, the U.S. Supreme Court has shown some hostility to class action lawsuits. In Wal-Mart v. Dukes , the Court concluded tha...
Who owns personal email on an employer-issued smartphone?
By Jon Hyman
The following scenario is playing out in companies all over America. A company issues a smartphone to an employee. The company owns and pay ...
The one thing you can never release in a settlement agreement
By Jon Hyman
Legal disputes end in one of two ways—either with a judgment by a court or an agreement between the parties. The vast majority of cases foll...
Fight the power! A timeless lesson on employee relations from "What's Happening!!"
By Jon Hyman
As I settled in for a quiet Friday night in front of the TV, I stumbled upon one of my guilty pleasures — “What’s Happening!!” If your unfam...
WIRTW #280 (the “has it been a year already” edition) #blawg100
By Jon Hyman
The ABA Journal is, again, seeking nominations for its list of the 100 best legal blawgs, the “Blawg 100.” The nomination process is simple....
The long and short of height discrimination under the ADA
By Jon Hyman
A couple of week ago I wrote about why the ADA likely protects against obesity as a disability (thank you Wall Street Journal Law Blog for...
6th Circuit’s definition of “supervisor” under the NLRA has broad implications
By Jon Hyman
In Vance v. Ball St. Univ . , the U.S. Supreme Court held that for purposes of vicarious liability for harassment under Title VII, a supervi...
Is your company looking at the wrong info to screen candidates using social media
By Jon Hyman
According to recent survey by CareerBuilder.com (hat tip: The Employer Handbook Blog ), 39 percent of companies use social media sites to r...
Why Paula Deen loves gay marriage
By Jon Hyman
Lost amid the news of salacious allegations of workplace misconduct, historically bad depositions, a food empire going down in flames, and t...
A reminder about holiday pay
By Jon Hyman
Tomorrow’s July 4th holiday is a paid day off for many American workers. Last year, I wrote a post entitled, “ 8 things you need to know abo...
The FMLA, the ADA, and no-fault attendance policies
By Jon Hyman
A no-fault attendance policy assigns points each time an employee is absent, with corresponding levels of progressive discipline automatical...
Today’s post is brought to you by the letters W, A, R, and N
By Jon Hyman
Last week, CNNMoney reported that the Sesame Workshop is laying off approximately 10 percent of its employees. The layoff will not affect e...