Our harassment laws are not the reason for our sexual harassment problem
Last week, the New York Times ran an Op-Ed titled, Boss Grab Your Breasts? That’s Not (Legally) Harassment . It argues that our lax sexu...
WIRTW #486 (the “all apologies” edition)
By Jon Hyman
Accused of sexual harassment? Don’t know what to do? Thankfully, the Celebrity Perv Apology Generator has you covered. Example? ...
How not to harass women, in one easy step
By Jon Hyman
Last night we went to dinner at our favorite local restaurant . Donovan ordered his favorite dish—gluten free penne alfredo. He is not a g...
The Worst Employer of 2017: The Finalists
By Jon Hyman
I started this journey all the way back on January 12, 2017, in a post discussing an employer who fired a man absent while attending his son...
In the spirit of #GivingTuesday, here are 7 considerations for your charitable donations policy
By Jon Hyman
Today is Giving Tuesday , a global day of charitable giving, which symbolically kicks off the season for those who choose to focus their h...
Timing is everything when defending a retaliation claim
By Jon Hyman
Miriam Valle worked as a ticket agent for Frank Martz Coach Company, until it fired her on January 27, 2016. Two weeks prior, she had adv...
Today is your last day to vote in the preliminary round for the “Worst Employer of 2017”
By Jon Hyman
Today is your last day to vote in the preliminary round for the “Worst Employer of 2017.” Voting in the cut-down round has been robust, ...
Your employees are your brand ambassadors; train them accordingly
By Jon Hyman
“Dad, can you take me to the craft store?” My 6th grader has a diorama due the day after Thanksgiving break. So, off Norah and I we...
Employees that allegedly take an employer’s stuff without authorization don’t win discrimination cases, but might win defamation cases
By Jon Hyman
Jason Shann worked as the Enterprise Desktop Management Team Leader in the IT department of Atlantic Health System. He also suffered from t...
WIRTW #485 (the “what I’m listening to this week” edition)
By Jon Hyman
A few weeks ago I listed my five favorite podcasts, and asked you for some suggestions to add to my listening queue. Had I waited a month...
Work stress and the ADA
By Jon Hyman
I’ve been thinking a lot lately about stress, and the anxiety it can, and often does, cause. Stress induced anxiety can cripple someone...
It’s amazing what one finds while packing
By Jon Hyman
Yesterday afternoon, I received the following email from a co-worker: To: Office All Subject: Pardon the office all email I am sure yo...
Announcing “The Employment Law Year in Review” Webinar
By Jon Hyman
Do you enjoy webinars? Do you have an affinity for six of the internet’s top labor and employment law and HR bloggers coming together to p...
How do we start to STOP sexual harassment?
By Jon Hyman
www.pinterest.com/pin/202802789447314070 Harvey Weinstein, Kevin Spacey, Louis CK, Mark Halperin, Bill O’Reilly, Roger Ailes … the list ...
WIRTW #484 (the “happy place” edition)
By Jon Hyman
What’s your happy place? Where do you take your mind when you’re just having a bad day, when you have to deal with that employee, whe...
9.8 million reasons to consider transferring a disabled employee to a vacant position
By Jon Hyman
Photo by Taber Andrew Bain Licensed via Creative Commons Earlier this month, American Airlines agreed to pay $9.8 million to settle a...
What’s the worst employee exit you’ve ever seen?
By Jon Hyman
There is a right way to quit a job, and a wrong way to quit a job. Last week, a Twitter employee demonstrated the worst of the latter.
Some lessons from the employee fired for middle-fingering Trump’s motorcade
By Jon Hyman
Have your heard about Juli Briskman, the biker that flipped the finger to Trump’s passing motorcade? https://twitter.com/julibriskman ...
Parental status discrimination is NOT a thing. But should it be?
By Jon Hyman
I received some great feedback on LinkedIn on last week’s post on New York’s new paid family leave law . That law grants paid leave for...
WIRTW #483 (the “tardy” edition)
By Jon Hyman
I HATE being late. It’s my number one pet peeve. It drives my family completely nuts. If I’m even one minute late for anything, I am a me...
Is New York the beginning of the end for America’s poor family leave laws?
By Jon Hyman
My two working-parent family It is freakin’ hard to be a working parent in America. It is even more difficult when both mom and dad work...
VOTE for the ‘Worst Employer of 2017’ — polls are open
By Jon Hyman
The day for which you’ve waited all year has finally arrived. It’s your opportunity to help pick the Worst Employer of 2017 .
Apple employee gaffe illustrates risk posed by YouTube videos in protection of trade secrets
By Jon Hyman
An Apple employee lost his job this week after his daughter, Brooke Amelia Peterson, posted a YouTube video of her dad’s brand new, unrelea...
Ohio lawmakers consider safe harbor for cybersecurity compliance
By Jon Hyman
If the Equifax data breach hasn’t scared your company into cybersecurity compliance, Ohio lawmakers are considering dangling you a complianc...
WIRTW #482 (the “a bet is a bet” edition)
By Jon Hyman
It’s been a couple of weeks since baseball’s evil empire, otherwise known as the New York Yankees, knocked my beloved Cleveland Indians out ...
When should HR call its lawyer?
By Jon Hyman
Yesterday, I read When is an Employee Issue a Legal Issue (and When Is it HR)? , written by Dan Schwartz on his always excellent Connect...
Not all swearing at work is created equal
By Jon Hyman
According to a recent survey , 57% of American employees admit to swearing at work. (To me, that seems low. Also, count me in the “yes” co...
Bill O’Reilly claiming victim status is WHY we have a harassment problem
By Jon Hyman
Over the weekend, the New York Times reported that Bill O’Reilly paid $32 million to settle a claim of sexual harassment brought against hi...
The 23rd nominee for the “worst employer of 2017” is … the cake boss
By Jon Hyman
As we wind down the year toward voting to name the first annual “Worst Employer of the Year,” I thought I had all bases covered. Then I re...
WIRTW #481 (the “proof of concept” edition)
By Jon Hyman
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...