Do you understand your state’s wiretap law?
Here’s one you don’t see everyday. According to ESPN, the Los Angeles Lakers are peeved at one of their teammates, rookie D’Angelo Russell. ...
Archive: March 2016
7 tips for employers, from your friendly neighborhood plaintiff lawyer
By Jon Hyman
I found a blog post in which a plaintiff-side employment lawyer shared the 7 things employers don’t do, that they should be doing. The t...
NLRB judge shoots down employee separation agreement as overly broad
By Jon Hyman
Employers prefer finality when they pay an employee severance at the end of employment. One way employers sure up this finality is by obta...
When schoolyard bullies become workplace bullies
By Jon Hyman
This is Donovan. He’s 7 years old. And he has Noonan Syndrome . Noonan Syndrome is genetic disorder caused by one of several genetic mu...
DOL's “Persuader Rule” goes live; unions rejoice
By Jon Hyman
The U.S. Department of Labor has issued its long awaited Final Rule reinterpreting the “Advice Exemption” to the Labor Management Reporti...
The class action is dead … long live the class action! #SCOTUS upholds “representative samples” for class certification
By Jon Hyman
It’s been nearly five years since the Supreme Court decided, in Wal-Mart Stores, Inc. v. Dukes , that the claims of large groups of employee...
Employment Law Blog Carnival: The “Candy Cane Children” Edition #ELBC
By Jon Hyman
People seem to like lists, so here’s one to kick off this month’s Employment Law Blog Carnival. Who is the greatest rock band of each deca...
Is your employee handbook a contract of employment? Well, does it have a disclaimer?
By Jon Hyman
Employee handbooks come in all shapes and sizes. For example, some employers have policies that create a probationary period for employees...
Does HR understand their own personal liability for FMLA violations?
By Jon Hyman
If you’ve ever held supervisor and manager training on any employment-law issue, you know the glazed-over expression of a group of individ...
WIRTW #405 (the “Norah live” edition)
By Jon Hyman
This week’s musical highlight comes courtesy of the Cleveland School of Rock Jr. Headliners. What can I say? I’m either a proud dad or a shi...
NLRB judge protects the lone wolf in Chipotle social-media firing decision #RaganDisney
By Jon Hyman
I spent last Thursday and Friday in Disney World. It wasn’t a pleasure trip, although Epcot was toured during some down time. I was invited...
The 10 essential cyber security training issues for your employees
By Jon Hyman
Do you know what the biggest threat is to your company’s cyber security? I’ll give you a hint. It’s not the middle-aged man in yesterday’s J...
The best argument you’ll hear on why you must train your employees on cyber security
By Jon Hyman
This fake Apple ad , from Last Week Tonight with John Oliver, is the best argument you will hear on why training your employees on cyber sec...
Video killed the lawsuit star
By Jon Hyman
If a picture tells a thousand words, then how many does a video tell? Last week, the 6th Circuit affirmed the dismissal of a retaliation cla...
WIRTW #404 (the “home is where is art is” edition)
By Jon Hyman
We just added this piece of art to our home. This particular painting is special to our family. If you look closely… The artist, Anthony...
Does OSHA provide a defense for employee misconduct? It depends.
By Jon Hyman
As the saying goes, you can’t teach stupid. No matter what safety measure you put in place, your employees will do stupid things at work, an...
Court rejects customer’s claims based on harassing Facebook posts by employees
By Jon Hyman
Consider the following scenario. An employee makes offensive posts on his personal Facebook page about one of your customers, which include ...
The EEOC says, “Preventing Discrimination is Good Business”
By Jon Hyman
Are you a small-business owner? Do you have problems understanding your obligations under the federal employment-discrimination laws? Then t...
NLRB narrows employer property rights in key solicitation decision
By Jon Hyman
One of an employer’s best tools to stave off labor unions and their organizing campaigns is a no-solicitation policy . It keeps employees f...
WIRTW #403 (the “royals” edition)
By Jon Hyman
One of the benefits my kids get from going to a K – 12 school is the experience of varsity high-school sports. Don’t get me wrong, Lake Ridg...
Is it illegal to “right size” employees to avoid ACA obligations?
By Jon Hyman
In the past six months, I’ve had more questions from clients about group health insurance than I’ve had in the first 18 years of my practi...
EEOC sues employers challenging sexual orientation discrimination as Title-VII sex discrimination
By Jon Hyman
Yesterday, the EEOC filed two lawsuits, each claiming that an employer’s discrimination against an LGBT employee violated Title VII’s proh...
DOL looks to move the needle on paid sick leave
By Jon Hyman
Last week, the Department of Labor announced proposed regulations that would expand paid sick leave to the employees of federal contractor ...