WIRTW #481 (the “proof of concept” edition)
When a commenter starts his thoughts with “Hey faggot,” you know you have one for the internet-troll hall of fame. A couple of months ago ...
When is a break not a break under the FLSA?
By Jon Hyman
The FLSA draws a pretty clear line as to when breaks must be paid, and when they can be unpaid. If a break 20 minutes or less in duration,...
No, you do not need a workplace emoji policy
By Jon Hyman
I read a blog yesterday that asked the following question? “ Do you need a workplace emoji policy? ” They say yes , I say an unequivocal n...
Weinstein case highlights problem of “ostriching” harassment
By Jon Hyman
It’s been a busy few days in employment-law land, with the Harvey Weinstein sexual harassment case dominating the headlines. What have ...
There is no *good* reason to be anti-LGBTQ rights
By Jon Hyman
Last week I presented a webinar entitled, “The Top 10 Employee Handbook Mistakes.” I discussed, among other policies, missing at-will dis...
WIRTW #480 (the “another Fake ID” edition)
By Jon Hyman
Indulge me, as this morning I once again take off my employment-law blogger hat, and replace it with my proud dad / music blogger hat. Fak...
Do you know what to do when an employee dies on the job?
By Jon Hyman
It’s news an employer never wants to deliver. “I’m sorry, but your spouse (or partner, child, or other family member) had an accident at w...
Jemele Hill story underscores employees lack of understanding about personal social media and work
By Jon Hyman
Social media has irreparably torn down the wall that has historically separated one’s work life from one’s personal life. Earlier this w...
It’s coming from INSIDE THE HOUSE: 12 steps for your employees to become cyber-aware
By Jon Hyman
Do you remember the movie When a Stranger Calls ? The movie opens with a babysitter receiving a telephone call from a man who asks, “Have ...
What to do when your Harvey Weinstein harasses your employees
By Jon Hyman
By now you’ve likely heard about the decades of harassment allegations levied against storied Hollywood producer Harvey Weinstein . Over t...
WIRTW #479 (the “pod” edition)
By Jon Hyman
I am recently back on the podcast wagon. For reasons that I never understood, I abandoned the platform as a media source a few years ago. Bu...
Sometimes a banana is just a banana, and sometimes you're liable for harassment
By Jon Hyman
An employee grabs a co-worker’s penis and pokes another employee with a banana protruding from the zipper of his pants. Should the employe...
Accommodating employees should be a common sense issue
By Jon Hyman
I spent a high-school summer working on a warehouse loading dock. One of my co-workers was named Harland Jester. (I provide his name becau...
The 22nd nominee for the “worst employer of 2017” is … the wage absconder
By Jon Hyman
Suppose you decide you are not going to pay your employees minimum wage and overtime required by the Fair Labor Standards Act. And let’s f...
Just try to curb your enthusiasm about this post on the ADA and attendance
By Jon Hyman
On last night’s season-nine premier of HBO’s “Curb Your Enthusiasm,” Larry David was faced with this age old problem. How does an employ...
WIRTW #478 (the “Fake ID” edition)
By Jon Hyman
Norah has a small dry-erase calendar hanging inside her middle-school locker. And on that calendar, in the Friday block, she scribbled the...
Bonus post today, because Roger Waters
By Jon Hyman
If my 13-year-old self, sneaking off into the woods at sleep-away camp to listen to my bootlegged cassette of The Wall , could see me now… ...
Trump flip-flops on LGBTQ workplace discrimination
By Jon Hyman
“As your president, I will do everything in my power to protect our LGBTQ citizens.…” Those were the words of then nominee Donald J. ...
7th Circuit rejects extended medical leaves of absence as ADA accommodation
By Jon Hyman
Photo: speedpropertybuyers.co.uk/ “You’re FIRED!” No, this post is not about a recent Trump rally; it’s about the end game to Severso...
Updated: The 21st nominee for the “worst employer of 2017” is … the Whata(alleged)racist
By Jon Hyman
It has been 53 years since Congress banned racial discrimination in employment. You’d think by now that all employers would know that you ...
A rebuttal to those who questioned my parenting skills
By Jon Hyman
Over the past four days, I have taken A LOT of heat online for allowing my 11-year-old daughter to perform on stage with Roger Waters . ...
WIRTW #477 (the “just another brick in the wall” edition)
By Jon Hyman
I had a whole post written about Norah’s punk show last weekend, and how her performance awed me. Then this happened yesterday. At 2:54 ...
Is LGBT discrimination finally coming to a head?
By Jon Hyman
Two stories this week caught my attention: EEOC Sues Malcolm S. Gerald & Associates for Sexual Orientation Discrimination ; and Is ...
The 20th nominee for the “worst employer of 2017” is … the nepotism harasser
By Jon Hyman
Just when I think I’ve hit rock bottom with my survey of the year’s worst employers… The EEOC reports that it has sued an Illinois IHOP ...
What it’s like to be sued by your employee
By Jon Hyman
When you litigate, you’re losing. This is an odd statement for a litigator to make. But it’s true.
The 19th nominee for the “worst employer of 2017” is … the pizza punisher
By Jon Hyman
Your 19th nominee for the worst employer of 2017 is a Jacksonville, Florida, Pizza Hut franchisee that threatened its employees if they sk...
WIRTW #476 (the “… punk rocker” edition)
By Jon Hyman
Genetics is a funny thing. We have no idea where Norah got her musical chops, as neither my wife nor I are anywhere close to what one woul...
The more things change … the NLRB and Weingarten rights for non-union employees
By Jon Hyman
Today, a joke. “How is the National Labor Relations Board like the weather?” “I don’t know, Jon, how?” “If you don’t like eit...
The 18th nominee for the “worst employer of 2017” is … the pumping preventer
By Jon Hyman
The 11th Circuit Court of Appeals has upheld a six-figure verdict in favor of a Stephanie Hicks, a former narcotics task force investigat...
A refresher on pre-employment medical examinations
By Jon Hyman
Do you require medical exams of applicants before they start working for you? If so, do you know the rules that the ADA requires you foll...
Where is the line between lawful (but awful) bullying and unlawful harassment?
By Jon Hyman
Consider the following allegations of sexual harassment levied by Pamela Daniels, a secretary in the Pike County Prosecutor’s Office, agai...
WIRTW #475 (the “girls rock” edition)
By Jon Hyman
I’m not sure why, but when I pictured having a daughter I always imagined that she’d be into and frilly things, Barbies, and ballet. I gue...
Baring it all on social media and hiring
By Jon Hyman
I’ve never written about the time I stripped naked in front of my entire law school … until now. Well, here we go.
Dads are parents, too — baby bonding and sex discrimination
By Jon Hyman
Should new dad’s receive the same amount of time off from work to bond with their newly born child as do women? That is the question at th...
Is the DOL’s white-collar salary test DOA?
By Jon Hyman
Late last week , a federal judge in Texas struck down the Department of Labor’s attempt to raise the salary test for the Fair Labor Standa...
WIRTW #474 (the “I’m from” edition)
By Jon Hyman
My 11 year old daughter is a unique soul. She’s always been older and wiser than her years suggest, but I don’t think I’ve ever appreciate...
BREAKING: federal judge strikes down FLSA white-collar exemption salary test
By Jon Hyman
Ding, dong, the DOL’s salary test for white collar exemptions is dead (sort of). A Texas federal judge has held that the Department of L...
That time Justin Bieber’s “L’il Biebers” caused a sex discrimination lawsuit
By Jon Hyman
File this one under the category of I can’t make this stuff up . Apparently, Justin Bieber’s testicles are at the center of a recently fil...
The 17th nominee for the “worst employer of 2017” is … the square non-sparer
By Jon Hyman
A female public relations exec is suing her former employer for sex discrimination. Her claim—that her male bosses limited her access to t...
An attendance love story
By Jon Hyman
14 years ago today, my wife and I married. The ceremony started at 11 am, and by 10:55 I was nervous. Not your normal, “I’m about to g...
Letter to employees during EEOC investigation may violate discrimination laws
By Jon Hyman
Suppose an employee files an EEOC charge of discrimination against you. And, further suppose that during the investigation, you receive a...
WIRTW #473 (the “sweet children” edition)
By Jon Hyman
Last week I offered by eight-word meaning of life : Be kind to others and do good things. Today, I further offer “Corollary One” to said...
The 16th nominee for the “worst employer of 2017” is … the rapid retaliator
By Jon Hyman
The EEOC has sued an Atlanta cemetery company for firing an employee the day after the agency interviewed her as part of an on-going inves...
NLRB offers rare win for employer confidentiality policy
By Jon Hyman
It’s been a rough few years for workplace policies at the NLRB . From communication policies, to social media policies, to conduct poli...
The 15th nominee for the “worst employer of 2017” is … the one-day leave denier
By Jon Hyman
According to a lawsuit the EEOC recently filed against Macy’s, Inc., the retailer allegedly violated the ADA by firing an employee instead...
A deep dive on social media, employee privacy, and the workplace
By Jon Hyman
When history closes its book on 21st century America, Charlottesville may go down as one of its most significant chapters. If justice has ...
WIRTW #472 (the “back to school” edition)
By Jon Hyman
Happy back to school @lakeridgeacademy for Norah (6th) and Donovan (3rd). A post shared by Jon Hyman (@jonhyman) on Aug 16, 2017 at...
The meaning of life (in eight words)
By Jon Hyman
A few months back, while riding in the car (we do a lot of riding in the car, mostly to and from music lessons, rehearsals, and gigs), I f...
How much wasted work-time is too much?
By Jon Hyman
According to a recent survey conducted by OfficeTeam , on average, employees spend 8 hours per workweek on non-work activities. What doe...
Does a LinkedIn request violate a non-solicitation agreement?
By Jon Hyman
In Bankers Life and Casualty Company v. American Senior Benefits (Ill. Ct. App. 8/7/17) , Bankers Life sued a former sales manager, Grego...
When you discover that you employ a Nazi
By Jon Hyman
In the wake of Friday and Saturday’s horrific, evil events in Charlottesville, the twitter account YesYoureRacist posted many riot photos ...
WIRTW #471 (the “free press … sort of” edition)
By Jon Hyman
Hey look, it’s me, in Crain’s Cleveland Business, discussing the employee handbooks : Here’s what I read this week:
Apparently the labor rights of strikers trump the non-harassment rights of employees
By Jon Hyman
There exists only one workplace environment in which a white employee can keep his job after yelling the following at a group of African-A...
Diversity is not an ideology
By Jon Hyman
By now, you’ve likely heard about the male Google employee ( James Damore ) who circulated within the company a 10-page memo entitled, “Go...
Avoid “FLSA roshambo” to win off-the-clock overtime claims
By Jon Hyman
Defending claims for off-the-clock work is one of the most difficult tasks employers face under the Fair Labor Standards Act. An employee ...
Listen to me on the Talent10x podcast discuss the current state of LGBTQ discrimination
By Jon Hyman
I have enjoyed a long and fruitful relationship with Workforce Magazine . I’ve been blogging at workforce.com for the past five-plus years....
WIRTW #470 (the “lot was rocked" edition)
By Jon Hyman
’Nuff said. Here’s what I read this week:
Would you let your employer microchip you?
By Jon Hyman
Our family dog, Loula, is microchipped. Our vet offered it to us as a service when Loula first joined our family. It provides some peace of ...
Is joint employment the issue that unites our divided government?
By Jon Hyman
I cannot recall a time when our government has been more divided across ideological and party lines. (I don’t count the early 1860s, becau...
NBC reignites privacy debate by requiring social-media passwords of job applicants
By Jon Hyman
“Those who cannot remember the past are condemned to repeat it.” ( George Santayana ) It’s been eight long years since Bozeman, Monta...