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Articles by Jon Hyman

How the Government Shutdown Affects Labor and Employment Law

October 1, 2013
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If you have active matters with any federal agencies, expect for them to be on hold. Please remember that while the EEOC and other agencies might be temporarily out of business, the laws that they enforce are not.


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What Kanye West Can Teach You About Employee Relations

September 30, 2013
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Social media has the ability to turn a forgotten event into a viral nightmare. Certainly there are instances when you will have no choice but to fire someone for something posted online.
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Alternate Complaint Avenues and Harassment Prevention

September 26, 2013
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A effective anti-harassment policy provides multiple avenues for an employee to complain. Otherwise, an employee will feel powerless if the person to whom a policy directs her to complain also happens to be the alleged harasser.
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The Biggest Pitfall of Social Recruiting

September 25, 2013
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Don’t let anyone in the chain of hiring view candidates’ social media profiles. Train an employee who is insulated from the hiring process to do your social media searches.
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Employee Fired for Instagramming Paycheck. Is This Legal?

September 24, 2013
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Employees have an absolute right to discuss with each other how much they make. It is illegal to have a policy that prohibits wage discussions, or to fire an employee for engaging in such discussions.


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Can an Employee Assume the Risk of Harassment?

September 23, 2013
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No employee should have to deal with a sexually harassing workplace. But maybe those who choose to work for rappers Insane Clown Posse should forfeit the right to complain of sexually offensive content.
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Labor Department Expands Wage and Hour Laws to Home Care Workers

September 18, 2013
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The Department of Labor’s Wage and Hour Division extended minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.


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Who Owns Personal Email on an Employer-Issued Smartphone?

July 18, 2013
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Have a policy that spells out an employee’s reasonable lack-of-privacy expectations, but have a similar policy statement prohibiting employees from accessing the personal email or other Internet account of others.


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NLRB Confirms Legality of Most At-Will Employment Disclaimers

April 24, 2013
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The NLRB will examine at-will disclaimers on a case-by-case basis, and I do not expect we will see the Board take the unreasonable position that all at-will disclaimers are unlawful.
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