Show this story to your employees who start clamoring for a union
When a labor union is engaged in organizing your employees, you are allowed to present facts to your employees to attempt to convince them ...
What are you doing to address Bullying Prevention Month in your workplace?
By Jon Hyman
October is Bullying Prevention Month. Over 90% of employees say that they have been bullied by a co-worker or manager. Yet, unless a bully i...
The 12th nominee for the “Worst Employer of 2022” is … the hurricane haranguer
By Jon Hyman
You might know Joy Gendusa, the CEO of PostcardMania, from her April 2020 video in which she called out employees who had reported her comp...
WIRTW #644: the “whitewater” edition
By Jon Hyman
"What's the first film you remember seeing?" That’s the lead off question on each episode of Films to be Buried With — Brett ...
Correlation isn’t necessarily causation … except when it is
By Jon Hyman
According to a recently filed EEOC lawsuit , Dollar General violated Title VII by firing a sales employee because of her pregnancy. More to ...
Never say “nevermind” when child pornography is involved
By Jon Hyman
You may not know who Spencer Elden is, but you almost certainly know what he looked like as a newborn. Spencer, in all of his glory, graces ...
Dispelling six common wage and hour misconceptions
By Jon Hyman
19 hours in a workday without overtime pay. That's how one Amazon delivery driver described his experience working for online conglomer...
Workplace romance vs. workplace harassment
By Jon Hyman
The Boston Celtics have suspended their head coach, Ime Udoka, for the entire 2022-23 season. His offense — it was initially reported that ...
WIRTW #643: the “til I hear it from you” edition
By Jon Hyman
It's been a busy week, both in the practice of law and in the recording of some podcasts for your listening pleasure. Labor Relatedly E...
“Pretextual investigation” dooms employer’s defense to ex-employee’s retaliation claim
By Jon Hyman
An employee, Joseph Canada, uses his cell phone to solicit sex from prostitutes during work hours. His employer, Samuel Grossi & Sons, d...
The 11th nominee for the “Worst Employer of 2022” is … the cable guy
By Jon Hyman
When 83-year-old Betty Jo Thomas missed her family's Christmas dinner in December 2019, they went to her home to check up on her. They f...
Employers, repeat after me: “Tips belong to employees, not employers.”
By Jon Hyman
$1,351,253.34. That's the amount a federal judge has ordered the Empire Diner, its owner, Ihsan Gunaydin, and its manager Engin Gunaydi...
The NLRB is inching towards Weingarten Rights for all employees
By Jon Hyman
In NLRB v. J. Weingarten, Inc. , the U.S. Supreme Court held that employees covered by a collective bargaining agreement are entitled to req...
WIRTW #642: the “get off our backs” edition
By Jon Hyman
Can you please get off our backs? By "our," I mean management-side labor lawyers. Let me explain. I just finished listening to th...
Pre-employment pregnancy testing?
By Jon Hyman
I was tagged on Twitter to address this situation . My friend did a drug test for a part time job for the local school district. When she...
Lyfting independent contractor status
By Jon Hyman
If I asked you to identify Lyft's business, how would you answer? "They're a transportation company," you'd say. Ther...
The 10th nominee for the “Worst Employer of 2022” is … the sex offender supervisor
By Jon Hyman
The most disturbing case I ever handled involved a company that hired a registered sex offender as a supervisor, who then raped a female sub...
Spotting the employment law issues in “She-Hulk"
By Jon Hyman
Donny Blaze was a former student of Kamar-Taj, having dropped out after failing to adhere to their strict teachings. He left, however, with ...
WIRTW #641: the “slim shady” edition
By Jon Hyman
Guess who's back, back again… After a semi-intentional summer break, The Norah and Dad Show — the podcast I host and produce along with...
How broad is potential liability for retaliation? THIS broad.
By Jon Hyman
In 2016, Tom Pettay sued his former employer, DeVry University, for age discrimination. The trial court dismissed Pettay's lawsuit on su...
Like herpes, the NLRB’s efforts to liberalize its joint employer standard just won’t go away
By Jon Hyman
Joint employment under the NLRA has a tortured history over the past seven years. Yesterday, the NLRB released a Notice of Proposed Rulemak...
WIRTW #640: the “Wickens Workshop” edition
By Jon Hyman
When you take over a practice group and are tasked with building it, you naturally have to think of ways to market and grow it. Presenting s...
Checking the pulse of the American worker on labor unions as we enter Labor Day Weekend
By Jon Hyman
The following stats should be eye-opening for any business owner, CEO, or board of directors. 71 percent of Americans "approve" o...
Pizza shop closure is a teachable lesson on union avoidance
By Jon Hyman
We are truly heartbroken to announce that we've made the difficult decision to permanently close both Knead Slice Shop and Knead Market ...
NLRB re-writes law on employees displaying union logos at work
By Jon Hyman
Tesla's General Assembly plant maintained the following dress code: "It is mandatory that all Production Associates and Leads wear...
The 9th nominee for the “Worst Employer of 2022” is … the active shooter
By Jon Hyman
“This is it. I’m done.” That’s how one elderly employee described to police her recent experience in an active shooter drill conducted by he...
WIRTW #639: the “Gr8” edition
By Jon Hyman
How does your organization help build collegiality among employees? At my kids' school they do it in the Lower and Middle School with F...
The wage and hour implications of employee electronic surveillance
By Jon Hyman
Every now and again I come across a story that make me question how any in-house counsel blessed a workplace policy or practice. The followi...
Pro athletes should never get a pass on harassment
By Jon Hyman
Kenny Lofton is one of the most beloved players in history of the Cleveland Guardians, née Indians. He spent the best years of 17-year care...
“Gaslighting” in the workplace
By Jon Hyman
“That’s not how I told you to complete that project. Why did you do it that way? It’s all wrong.” “Why didn’t you show up to the meeting? Of...
Lessons from Platform Beer’s mass layoff
By Jon Hyman
According to Scene Magazine , late last week Platform Beer Co. notified between 25 and 30 of its local brewery employees that their employm...
WIRTW #638: the “DriveThru” edition
By Jon Hyman
Episode 2 of Labor Relatedly , my new podcast endeavor with Mike VanDervort is live everywhere you listen to podcasts. In this episode we di...
How do you respond when your employees are threatened?
By Jon Hyman
Boston Children's Hospital has a scary situation on its hand. Its hospital staff has received aggressive phone calls, emails, and death ...
Walmart wins discrimination claim brought on behalf of pregnant employees unable to work
By Jon Hyman
Consider the following two policies: Employees injured on the job will be offered Temporary Alternative Duty ("TAD") — light duty...
The CDC is the tail wagging the public’s dog
By Jon Hyman
Last week the CDC updated its Covid isolation guidelines . The agency says it's "to help the public better protect themselves and ...
HR may not be employees’ “friend,” but it’s also not their enemy
By Jon Hyman
As the former Microsoft VP of HR I can assure you that HR is not your friend. That headline from a BusinessInsider article written by Chris...
WIRTW #637: the “down on the farm” edition
By Jon Hyman
I grew up in Philadelphia and attended City of Philadelphia public schools. My high school had 4,500 students and was surrounded by barbed w...
Consistency matters when applying anti-harassment rules
By Jon Hyman
Can an employer legally fire an employee who writes "whore board" on an overtime sign-up sheet? Let's explore. Following unsuc...
Employee too distraught to work over Dobbs decision loses job
By Jon Hyman
I haven't been shy about hiding my disgust over Dobbs , the end of constitutional protections for abortion, and the threat to reproducti...
Do you know what to do and not to do when federal agents arrive with a search warrant?
By Jon Hyman
The front door to your business opens, and in walks a column of federal agents with boxes, computer imaging equipment, and a search warrant....
Does craft beer have a labor problem?
By Jon Hyman
Does craft beer have a labor problem? Julie Rhodes , writing at PorchDrinking , sure thinks so. She cites low wages and labor conditions as...
WIRTW #636: the “what the heck” edition
By Jon Hyman
Another week, another podcast appearance. This week you can catch me on What the Heck is Happening in HR , discussing all things employee ha...
Alex Jones trial offers a teachable moment on the issue of "inadvertent disclosure”
By Jon Hyman
Suppose you're sitting in your office and your associate excitedly runs in, yelling, "We got 'em! The other side just sent us t...
You won’t like OSHA when it’s angry
By Jon Hyman
OSHA has proposed nearly $1.25 million in penalties against two Ohio Dollar Tree stores. The specific violations cited include hazards rela...
Accountability starts at the top, even for the NFL
By Jon Hyman
NFL disciplinary officer Sue L. Robinson has suspended Deshaun Watson for six games for his violation of the league's personal conduct ...
NLRB dismisses charges against lawyers for alleged “union busting” against the employees of its client … but let’s not celebrate yet
By Jon Hyman
One law firm has been at the center of most of the recent high-profile anti-union organizing efforts in large multi-state employers such as ...
WIRTW #635: the “larp” edition
By Jon Hyman
Every now and again a story is so bizarre it's worth taking a minute to pause, reflect, and marvel. Let me introduce you to the 4th of ...
Unlike ordering at Chick-Fil-A, legal compliance isn’t chosen from a menu.
By Jon Hyman
"We are looking for volunteers for our new Drive Thru Express!🚘 Earn 5 free entrees per shift (1 hr) worked. Message us for details...
Have you listened to Labor Relatedly yet?
By Jon Hyman
Over the past few years, I've toyed with the idea of launching my own legal podcast. Two things have held me back. First, I don't re...
Posting about litigation (actual or potential) is a terrible idea
By Jon Hyman
Until yesterday, Erin Overbey worked as an editor at The New Yorker . Shortly after her termination, Overbey took to Twitter to write abou...
Cursing in the workplace
By Jon Hyman
According to one survey , 57% of American employees admit to swearing at work. (Count me in the "yes" column.) Where is the line b...
WIRTW #634: the “%@$&*!” edition
By Jon Hyman
Vacation 💑 I love trivia, even if it doesn't always love me back. For example, in 1993 my collegiate trivia bowl team lost in the unive...
We need to talk about litigation holds and spoliation of evidence
By Jon Hyman
The situation playing out in real time between Congress and the Secret Service over text messages related to the Jan. 6th insurrection is qu...