WIRTW #738: the 'bluer skies' edition

Do you ever think to yourself, "Jon, I love your posts, but what I really want is more of this, but with fewer characters." Well do I have the thing for you. While I've been off Twitter for the past year, you can find me microblogging on both Threads (@thejonhyman) and Bluesky (@thejonhyman.bsky.social). Give me a follow and I'll be sure to follow back.

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Don't forget to pre-register for this coming Tuesday's webinar on how the election will shape employment law in 2025, with host Eric Meyer, Dan Schwartz, Amy Epstein Gluck, Dessi Day, and me. It's free, but you do need to pre-register here.

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Here's what I read this week that you should read, too.

Does civility still matter?

Some apparently don't think civility matters any more. 

"Your body, my choice" signs are popping up across the country, while elsewhere Black students are receiving anonymous texts about "picking cotton." The results of the 2024 Presidential election have emboldened some to express their most offensive thoughts.

I'm not ready, however, to give up on civility. But we have to take a stand. No matter who sits in the Oval Office, words still matter.

Do you know what to do if ICE raids your business?

With Donald Trump running on campaign promise of the mass roundup and deportation of millions of undocumented immigrants, many businesses in the new year may face unannounced visits from Immigration and Customs Enforcement. Donald Trump has said that he plans mass deportations on day one, meaning that "if ICE shows up" could become "when ICE shows up" for employers across the country. Are you ready?

Having a response plan in place is essential, and it's crucial that your staff, particularly those who may first encounter agents, like a receptionist, are trained on what to do. Here's how to get started:

WIRTW #737: the 'speed racer' edition

Do you remember your first traffic ticket? I do. I was 17, driving to high school, and it involved me hitting an actual, live person with my car at the tender age of 17. To hear the rest of the story, and also hear all about my daughter's inaugural ticket, you'll have to tune into this week's episode of the Norah and Dad Show Podcast, which you'll find on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

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In other news, on Tuesday, 11/19 at noon, I'll be part of an all-star panel of employment lawyers that my friend Eric Meyer is hosting. He and I, along with Dan Schwartz, Amy Epstein Gluck, and Dessi Day, will be discussing how the election will shape employment law in 2025 and beyond. It's free to join, but you do need to pre-register here.

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Here's what I read this week that you should, too.

A open letter to my daughter

Dear Norah,

"Dad, I'm scared." That was your message to me in the early hours of Wednesday morning, as you watched the election slip away from us.

I understand. You're scared for your rights—your reproductive rights, your right to privacy, and the rights of your friends to love and marry whomever they choose. You're scared because you're beginning to feel like a majority in your country sees you as "less than." They treat you, value you, as "less than."

Seeing you hurt like this breaks my heart. You feel crushed, betrayed by the country you call home.

Here's what I want you to know. 

A tip on employee tips

Here's a tip for management — keep your hands off of your employees' tips.

A recent case filing by class of employees against a cannabis company accusing management of pilfering their tips. The Department of Labor and the Fair Labor Standards Act, however, are crystal clear: tips belong to the workers who earn them, period.

How to keep a union out of your business

Workers are organizing at unprecedented rates. From October 1, 2023, to September 30, 2024, the National Labor Relations Board received 3,286 union election petitions, up 27% from the year prior and more than double the number received in 2021. Much of the push comes from service industries like retail, education, and healthcare. Union drives, however, don't start in a vacuum. They happen when employees feel ignored, underpaid, or disrespected.

Here's the hard truth: The best union-avoidance strategy isn't about playing defense or hiring fancy consultants to "bust" a union. It's about being a great employer, period.

Service charges: A hidden trap for employees (and customers)

You just wrapped up a great meal at your favorite restaurant. The server drops off the check, and there's a surprise—your $100 tab is now $120, thanks to a $20 "service charge" added at the bottom. But here's the kicker: under the Fair Labor Standards Act (FLSA), that service charge isn't considered wages for your server. The restaurant can legally keep it all without sharing a dime.

When employees just can't get along

Dan and Todd? They used to be best friends. But things got messy, and now they can't stand each other. Dan's ready to move on, but Todd? Not so much. Problem is, they work on the same team you manage, and now Dan's knocking on your door, hoping you'll step in and fix things.

Sure, you could tell them, "Just avoid each other and carry on." Sounds easy, right? Why make two people who aren't friends anymore work together if they don't want to? But here's the catch: avoiding this issue might be an easy short-term fix, but it's not a long-term solution that actually works. In most workplaces, people can't just steer clear of each other, especially if they need to interact on the daily.

So instead of hoping it all blows over, try these steps to get Dan and Todd back on the same page professionally—even if the friendship ship has sailed.