NLRB General Counsel Jennifer Abruzzo just obliterated non-compete agreements (maybe)
In my view, the proffer, maintenance, and enforcement of a non-compete provision that reasonably tends to chill employees from engaging in ...
Archive: May 2023
Here are 11.25 million reasons to settle a lawsuit
By Jon Hyman
Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — rac...
WIRTW #674: the “dogs” edition
By Jon Hyman
Meet Loula and Dante, our dogs. They have a lot in common. They're both vizslas. They are both from the same breeder (whom I cannot mo...
Pro tip: don’t monkey with an employee’s “regular” hourly rate to avoid overtime obligations
By Jon Hyman
Let's say you have an employee who works 40 hours per week at the rate of $13.00 per hour. Now let's say that same employee needs to...
Uber suspends DEI exec over “Don’t Call Me Karen” events
By Jon Hyman
Uber has suspended its longtime head of diversity, equity, and inclusion, Bo Young Lee, after Black and Hispanic employees complained that a...
6th Circuit adopts one-step verification for FLSA collective actions
By Jon Hyman
We hold that, for a district court to facilitate notice of an FLSA suit to other employees, the plaintiffs must show a "strong likeliho...
WIRTW #673: the “syck” edition
By Jon Hyman
It's always great to connect with old friends. It's even better when your old friend works in a similar field as you. And it's e...
A few wage and hour thoughts for beer festival season
By Jon Hyman
As the weather warms up around the country and spring quickly transitions to summer, festival season will begin … including my personal favo...
Can an employer require that employees be of a specific faith? Believe it or not, it depends.
By Jon Hyman
"Mature orthodox Christian faith as defined by the Apostles' Creed." That is one of the qualifications listed in a job posting...
EEOC issues its final updates to its Covid-19 guidance
By Jon Hyman
With the Covid-19 National and Public Health Emergencies now concluded, the EEOC just published what should be its final updates to its COVI...
What are the risks with the use of AI at work?
By Jon Hyman
AI is shiny. AI is new. AI is sexy. And AI is problematic and not entirely understood. It is for those last reasons that, according to HR Br...
WIRTW #672: the “it’s over, Johnny” edition
By Jon Hyman
I spent five days this week with 12,000 other people at the Craft Brewers Conference. You read that number correctly, 12,000. It's somet...
A eulogy for Heather Armstrong
By Jon Hyman
Heather Armstrong, the "queen of the mommy bloggers" and the author of Dooce.com, is dead from an apparent suicide after a relapse...
My privilege is NOT a superpower
By Jon Hyman
I am currently in Nashville, at the Craft Brewers Conference . I'm spending my time split between networking at the Start A Brewery lou...
The 6th nominee for the “Worst Employer of 2023” is … the defecation denier
By Jon Hyman
“Joshua Amin alleges that he was denied a bathroom break by his supervisor at UPS warehouse until he was forced to defecate on himself at hi...
WIRTW #671: the “CBC” edition
By Jon Hyman
Next week I'll be at the Craft Brewers Conference in Nashville — a four-day gathering presented by the Brewers Association of all thin...
When you offer a reason for something, you better be really, really sure it’s correct
By Jon Hyman
It is with great sadness that we announce that the Founders Detroit Taproom will be permanently closing its doors today. Unfortunately, our ...
An employee may not have a right to receive a reasonable accommodation, but they at least have a right to conversation about it
By Jon Hyman
The EEOC has sued Mercy Health St. Mary's for religious discrimination, claiming that it violated Title VII by rescinding a job offer to...
N-word + noose = jury trial
By Jon Hyman
In the nine months that Tyrone Rembert worked as a temporary employee at Swagelok Company, he claims he was subjected to the following: The ...