Employee vs. independent contractor: do you know the difference
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...
Can we please fix Ohio’s age discrimination law?
By Jon Hyman
It’s no secret that Ohio’s age discrimination statute is a hot mess . The statute has four different ways a plaintiff can file an age claim ...
The legal and ethical issues of the class action “pick off”
By Jon Hyman
Have you heard that the new owner of the Cleveland Browns has gotten himself into a bit of legal trouble? It’s alleged that Jimmy Haslem’s o...
With social media, all of your employees are brand ambassadors; train them accordingly
By Jon Hyman
A Hockessin, Delaware, restaurant has gotten itself into a bit of hot water after it was discovered that its employees posted offensive phot...
WIRTW #271 (the “too hot to work” edition)
By Jon Hyman
Do you remember the dental hygienist whom the Iowa Supreme Court declared too hot to work ? Earlier this week, she attempted to “redeem” her...
Beware bans on pay discussions among employees
By Jon Hyman
Pop quiz. What’s wrong with the following paragraph, which appeared in the April 17, 2013, Wall Street Journal article entitled, Workers Sha...
NLRB confirms legality of most at-will disclaimers (and employers everywhere rejoice)
By Jon Hyman
The NLRB has confused me with its apparent reasonableness. Last week, the NLRB published an advice memorandum from its Office of General Cou...
Staged RIFs qualify for heightened protection from age discrimination
By Jon Hyman
Employers who eliminate headcount as part of a reduction in force receive special protection under the age discrimination laws. In a bona fi...
NLRB offers further guidance on confidential workplace investigations
By Jon Hyman
Last July, I cautioned employers about the NLRB’s decision in Banner Estrella Medical Center . In that case, the NLRB held that an employer’...
WIRWT #270 (the “… and the home of the brave” edition)
By Jon Hyman
Have you seen the video of the National Anthem at last night’s Boston Bruins’s game? Do you want to get choked up watching 17,565 Bostonians...
There is no such thing as a “license to harass”
By Jon Hyman
To establish an unlawful hostile work environment, an employee must prove, among other factors, that the workplace was subjectively offensi...
SCOTUS: Picking off individual plaintiffs moots wage and hour collective action
By Jon Hyman
The pickoff is one of the most dramatic defensive plays in baseball. It can single-handedly kill a rally. The tying run on first? One deft...
Do you have a workplace emergency action plan?
By Jon Hyman
Yesterday’s tragedy in Boston has left me speechless. I’m frankly not sure what to say, other than I’m sick of these horrible events; what t...