WIRTW #684: the “chocolate city” edition
This is Dante, our four-year-old vizsla. Last week, he thought it was a good idea to eat some cocoa powder. As a result, he spent an overnig...
Determining the exempt status of a dual-purpose employee
By Jon Hyman
Tony works at a local brewery as its assistant general manager. In that capacity, he interviews, hires, trains, coaches, disciplines, and fi...
This is why I hate timeclock rounding policies
By Jon Hyman
The rounding of an employee's clock-ins and clock-out to the nearest of a specific increment of time is perfectly legal. It's also a...
5th Circuit rejects the “ultimate employment decision” test for workplace discrimination claims
By Jon Hyman
"Female employees are not given full weekends off and can only receive weekdays or partial weekends off." Is this policy legal or ...
Getting your termination ducks in a row
By Jon Hyman
Just because someone engages in protected conduct doesn't mean you can't fire them. It just means you better have your ducks in a ro...
WIRTW #683: the “here comes the flood” edition
By Jon Hyman
Lord, here comes the flood We'll say goodbye to flesh and blood If again the seas are silent in any still alive It'll be those who g...
There is no such thing as free speech at work
By Jon Hyman
"Having successfully settled my case with ESPN/Disney, I have decided to leave so I can exercise my first amendment rights more freely....
Despite what SCOTUS said about collegiate affirmative action, corporate DEI efforts are still legal
By Jon Hyman
Last week, a federal court judge dismissed a lawsuit filed by a conservative shareholder against Starbucks challenging the company's div...
Not all reasonable accommodation standards are created equally
By Jon Hyman
Consider this example, and then let's talk. Lydia works as a cellar person in a brewery. The essential functions of her job include the ...
Pregnant Workers Fairness Act and pregnancy loss
By Jon Hyman
Missy, a newly hired server in the taproom of a brewery, suffers a miscarriage and asks her manager for ten days of leave to recover. As a n...
WIRTW #682: the “horse hockey” edition
By Jon Hyman
Lou Grant. Leslie Knope. Dr. Mark Greene. Captain Merrill Stubing. Even Michael Scott. The history of television is littered with great boss...
$2.6 million reasons why it’s illegal to fire a gay employee
By Jon Hyman
Yesterday, a federal jury in Columbus returned a $2.6 million verdict in favor of Stacey Yerkes, a former Ohio State Highway Patrol employee...
Despite what he says, Elon Musk will not pay your legal bills if you’re fired for Xing
By Jon Hyman
"If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill. No li...
Work and religion aren’t a Reese’s Peanut Butter Cup
By Jon Hyman
Everyone's relationship with God — whether you call that deity God, Yahweh, Jesus, Allah, Vishnu, Buddha, the Flying Spaghetti Monster, ...
WIRTW #681: the “excel-lent” edition
By Jon Hyman
To be the man (or woman), you've gotta beat the man (or woman). And to beat the man (or woman), you've gotta be really, really good ...
NLRB resets the rules on employee handbooks … yet again
By Jon Hyman
Yes, we need to talk about employee handbooks and the NLRB … again. Yesterday, the Board decided Stericycle, Inc. , and announced its 5th (...
The No Robot Bosses Act
By Jon Hyman
"I, for one, welcome our robot overlords." 🙃 Consider this scenario. "You're a delivery driver and your employer's t...
Managing an overly sensitive employee
By Jon Hyman
Floyd Sesson, a Black UPS parts mechanic, saw race discrimination in every turn within his workplace. When UPS changed its policy to prohibi...
The time has come to legislate gluten-free food
By Jon Hyman
"I'm gluten free…" That's how my 15-year-old starts his order at every restaurant. He has Celiac disease and gets very ill...
WIRTW #680: the “walk up song” edition
By Jon Hyman
Above the Law thinks that it's time for lawyers to have walk-up songs. History says that the walk-up song started at Old Comiskey Par...