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Articles by Jon Hyman

A Proposed Solution for the EEOC’s Position on Retaliation in Severance Agreements

February 13, 2014
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Don’t shred your settlement and severance agreements just yet. Modify your agreements to bolster and clarify the protected-activity carve-out.
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EEOC Claims Retaliation Over Garden-Variety Severance Terms

February 12, 2014
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If the EEOC is successful in this lawsuit, employers will have to reconsider key provisions in their severance and settlement agreements.
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Another One Bites the Dust: NLRB Invalidates Confidentiality Policy

February 11, 2014
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Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.
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Proposed Ambush Rules and Proactive Union Avoidance

February 10, 2014
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The importance of having your union avoidance strategy in place before a union comes knocking will be even more important if these new election rules take hold.
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Infertility’s Fertile Legal Ground

February 9, 2014
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Employers that fail to accommodate employees’ infertility treatments could see an explosion of these types of claims.
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I Don't “Like” This Protected Concerted Activity

February 6, 2014
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As much as it pains me, speech is speech, whether it’s engaging in an oral conversation, writing a comment to a Facebook post, or clicking 'Like.'
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Deterring the Wage-and-Hour Scofflaw

February 4, 2014
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Education on the FLSA, not stronger wage-and-hour laws, will help prevent wage theft issues.
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Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
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As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
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The Sandifer vs. U.S. Steel Decision

January 31, 2014
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The U.S. Supreme Court ruled that the time U.S. Steel employees spent putting on and taking off their protective gear is not compensable under their collective bargaining agreement.
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Eliminating Mad Men Workplace Policies #SOTU

January 30, 2014
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Having flextime policies will keep quality workers engaged and employed, which is a win-win for everyone.
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