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Articles by Jon Hyman

When Retaliation Stands the Test of Time

August 15, 2014
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An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.
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Do Not Force Employees to Work During FMLA Leave

August 13, 2014
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FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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Hold the Onion(head)

August 6, 2014
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Whatever you call your deity — God, Jesus, Allah, Buddah or even Onionhead — leave it at home.
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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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LinkedIn’s $6 Million FLSA Settlement Provides a Good Lesson to Employers

August 5, 2014
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Do not assume that you need not pay overtime to employees who are paid other than hourly.
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Circuit Court Invalidates Individual Waivers of FLSA Collective Action Participation

August 1, 2014
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For now, at least in the 6th Circuit, it appears that individuals waivers of the right to join wage-and-hour collective actions are dead.
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NLRB Seeks to Supersize its Joint-Employer Standard

July 30, 2014
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This issue is years from a resolution, but nevertheless warrants notice, as it serves as further evidence of the aggressive pro-union position the current iteration of the NLRB is putting forth.
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'Unionism' Should Not be a Title VII Protected Class

July 28, 2014
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The problem with this idea is it's a right that the NLRA already protects.
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Customer Preference and Race Discrimination: When the Customer Isn’t Right

July 24, 2014
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The customer can never choose the race of the person working for you. The customer might be right about a lot things, but discrimination is not one of them.
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