“Geographical discrimination” is NOT a thing
"If you don’t relocate and return to in-person work, we’re going to have to let you go." Many employers are having this very conve...
If you can’t beat ’em, sue ’em.
By Jon Hyman
“Competition is fine, cheating is not.” That’s what Elon Musk tweeted after Twitter’s lawyer’s cease and desist letter to Mark Zuckerberg ...
WIRTW #677: the “de minimus” edition
By Jon Hyman
Employee: "I can't work Sundays. It's against my religion." Employer (before yesterday's Supreme Court decision in Gr...
“Loud quitting”
By Jon Hyman
Quiet quitting is so 2022. According to CNBC (citing Gallup’s 2023 State of the Global Workplace Report ) loud quitting is all the rage. ...
Employer correctly fires employee for posting racist meme, court says
By Jon Hyman
Rita Hall worked as a line supervisor at Kosei St. Mary's Corporation when she decided to post a meme of two juxtaposed photos on her pe...
Can an employer disable online commenting to quell pro-union messaging?
By Jon Hyman
There's a lot going on with the union organizing campaign at Creature Comforts Brewing Company . While the union (known as "BUG...
Yes, you can still fire employees for lying, even when they are seeking FMLA leave
By Jon Hyman
67 employees of CSX Transportation submitted a required internal form requesting medical leave. Those requests had four key problems: 1.) ea...
WIRTW #676: the “Portugal. The Vaction” edition
By Jon Hyman
I've never wanted to be "that guy" who returns from vacation and says, "Let me show you my vacation photos." Well …...
How much does it cost a company never to hire any women?
By Jon Hyman
USF Holland is recognized as one of the top 100 trucking companies in the country. It has also never hired a women in the 37-year history of...
We need to talk about “wokeness”
By Jon Hyman
"When I grow up, I want to be hired based on what I look like rather than my skills.… I want to get promoted based on my chromosomes.… ...
Is your business prepared for the Pregnant Workers Fairness Act?
By Jon Hyman
Consider the following scenarios: A pregnant employee has already used her annual allotment of FMLA leave and has no FMLA leave available to...
The 7th nominee for the “Worst Employer of 2023” is … the pretend priest
By Jon Hyman
"Forgive me Father, for I have sinned. Twice I asked a co-worker to punch my time card to cover my tardiness; once I called off sick wh...
WIRTW #675: the “all I ever wanted” edition
By Jon Hyman
Vacation, all I ever wanted Vacation, had to get away The Go-Go's had a point. Tomorrow, I leave for my own vacation, one that I've...
10 ways to support your LGBTQ employees #pride
By Jon Hyman
Today is the first day of Pride Month. June might be Pride Month, but your business should commit to and support its LGBTQ employees 24/7/36...
NLRB General Counsel Jennifer Abruzzo just obliterated non-compete agreements (maybe)
By Jon Hyman
In my view, the proffer, maintenance, and enforcement of a non-compete provision that reasonably tends to chill employees from engaging in ...
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...