Are Meerkat and Periscope the “next big thing” for employers to worry about?
Have you downloaded Meerkat or Periscope to your iPhone? Do you even know what Meerkat and Periscope are? They are new apps that permit yo...
Archive: March 2015
6th Circuit deals blow to independent contractors
By Jon Hyman
Have you ever had the cable guy show up to your house, only to see the name of some random LLC on the side of his work truck? Many cable com...
WIRTW #361 (the “#RaceTogether” edition)
By Jon Hyman
Have you heard the one about the coffee chain that wants its employees to engage customers about issues of race and racism in America? Here ...
BREAKING: FMLA’s “same-sex spouse” rule on hold, for now
By Jon Hyman
Today, the new rule that would permit FMLA benefits for same-sex spouses was to take effect. However, late yesterday, a federal judge in Te...
I’ll give you one guess where the NLRB is holding its “ambush election” training?
By Jon Hyman
Since I’ve already provided more than 3,000 words of quality labor-and-employment content this week, today’s post will be on the (much) shor...
BREAKING: McDonnell Douglas lives! #SCOTUS applies decades-old test to pregnancy accommodation claims
By Jon Hyman
This morning, the U.S. Supreme Court issued one of its most anticipated employment-law rulings of this term, in Young v. United Parcel Servi...
A lesson on salaried employees: Ohio court confirms that fluctuating work week cannot apply retroactively
By Jon Hyman
Just because you pay an employee a salary does not render that employee “exempt” from the overtime requirements of the Fair Labor Standards ...
NLRB judge’s analysis of T-Mobile’s handbook is of note for the provisions she concluded to be lawful
By Jon Hyman
Yesterday, I examined, in detail, the NLRB’s General Counsel’s memo on employer policies . Today, I’m going to examine a recent decision by ...
Analysis of the NLRB’s guidance on employer rules (or, meet the new boss … same as the old boss)
By Jon Hyman
It’s been nearly two years since then-acting NLRB General Counsel Lafe Solomon issued his office’s guidance on social media policies under S...
WIRTW #360 (the “one shining moment” edition)
By Jon Hyman
March Madness is now if full swing, with 20 games down, and 47 to go (at least as this post goes live). How’s your bracket doing? The always...
An über-huge lawsuit for the employee/contractor distinction
By Jon Hyman
Last week, two different California federal judges reached the same conclusion in two different lawsuits brought against two different ride-...
BREAKING: NLRB Office of General Counsel issues report on employer rules
By Jon Hyman
Today, the NLRB Office of General Counsel issued its report on employer handbook rules under section 7 of the NLRA. It’s a meaty 30-page rep...
OSHA and pro sports—are concussions the NFL’s black lung?
By Jon Hyman
San Francisco line backer Chris Borland rocked the sports world yesterday by announcing his retirement from pro football at the age of 24 af...
When loose lips sink defense ships
By Jon Hyman
“So, what is is, your job or your daughter?” That one question cost an employer summary judgment in its employee’s associational disability ...
Why your control employees must care about employment laws
By Jon Hyman
Last week I was asked if managers and supervisors have any liability for their own acts of discrimination or other unlawful activities. Like...
WIRTW #359 (the “think outside the box” edition)
By Jon Hyman
Last night my family and I went out to dinner. The following is Donovan’s (age 6) solution of the kids’ menu word search. His creative thi...
When the government comes knocking, don’t forget not to retaliate
By Jon Hyman
Last week, I wrote about what to do when OSHA comes knocking . One issue I did not address is the potential for retaliation against employee...
Company expands leave benefits for working mom, but what about the dads?!
By Jon Hyman
The Washington Post’s On Leadership blog reports that global telecomm company Vodafone is establishing a new global maternity leave policy ...
#SCOTUS ambushes employers on agency rulemaking
By Jon Hyman
Yesterday, the U.S. Supreme Court unanimously held that the Department of Labor’s Wage and Hour Division had the authority to alter its prio...
Is your company ready for WYOD?
By Jon Hyman
At 1 pm today, Apple will formally unveil its Watch to the public. While other companies have launched smartwatches, because it’s Apple, tod...
WIRTW #358 (the “appreciation” edition)
By Jon Hyman
o your employees feel appreciated? Today is Employee Appreciation Day . However, if you limit your appreciation efforts to 0.38% of a year’s...
Some harassment shouldn't be in the eye of the beholder
By Jon Hyman
A hostile work environment is hostile for one of two reasons—the alleged misconduct is either severe (overtly offensive), or pervasive (repe...
My latest column in Workforce: Absolut Commitment to Checking
By Jon Hyman
In addition to my daily blogging, I also write a monthly column in Workforce Magazine . Here’s my latest from the March edition, discussing ...
Transfer as reasonable accommodation?
By Jon Hyman
I once worked for a law firm (that shall remain nameless) that put me in a converted utility closet for my office. It was the only associate...
Do you know what to do when OSHA comes knocking?
By Jon Hyman
News broke over the weekend of a fatality at a local manufacturing plant . Undoubtedly, OSHA was on the scene to unravel what happened. I...