Dirty Dancing: Hot Summer Hiring Considerations

Kristin Starnes Gray

With summer quickly approaching, it’s time to pull out those warm weather clothes and dust off my copy of Dirty Dancing, one of my favorite summer films.  Who can forget the summer of 1963 when Baby performed her triumphant lift, Johnny taught us about standing up for others no matter what it costs us, and we all learned that no one puts Baby in the corner.  Like many resorts and other types of employers, the fictional Kellerman’s resort in the Catskills Mountains (actually filmed in North Carolina and Virginia) has a very clear peak season in the warmer months with the hiring of a lot of additional employees, including high school and college students seeking summer employment.  Of course, any time an employer hires minors, there are special considerations and it is important to be familiar with applicable federal and state law.

The Fair Labor Standards Act (FLSA) is the federal law governing child labor, but it must be read together with state laws (which may be more stringent and must be observed).  These laws were designed to protect the educational opportunities of minors and to prohibit their employment in hazardous jobs and under conditions detrimental to their health and well-being.  To this end, the FLSA and state laws limit the types of jobs minors may hold as well as the hours they may work.  The good news for employers and those industrious teenagers out there is that the restrictions on hours of work are typically relaxed somewhat during the summer months when school is not in session.

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Mad Men Ends: What Have We Learned?

May 19, 2015 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

The seven-season long nonstop drink-and-smoke-a-thonthat was Mad Men has come to a close. Were you entertained? Were you satisfied? Better yet, did you learn anything?800px-Mad_Men_(logo).svg I will spare you my personal thoughts on the merits of the ending as there are countless commentaries available on the Web. (Really, it’s amazing how many there are.) Suffice it to say that the “ending” appeared to bring more new beginnings than closure: Roger Sterling’s (third) marriage to Marie Calvet; Joan’s new production company; Pete Campbell’s new job at Lear Jet; Ken Cosgrove at Dow Chemical; Peggy and Stan finally admitting they loved each other (though no one makes falling in love more awkward than Peggy Olson); and, last but not least, Don/Dick Draper/Whitman with his back to the California coast dreaming of the most iconic Coca-Cola ad of the 20th Century.

From the perspective of an employment lawyer, one of the most notable developments that occurred in the last few episodes, however, was not one of the evolution (or devolution) of the individual characters, but the constant upheaval at the advertising behemoth, McCann Erickson. The second half of the final season begins with the revelation that McCann’s acquisition of Sterling Cooper was not a partnership but, rather, Jim Hobart’s mastermind plan to fold the old competitor into McCann’s ever-increasing portfolio–even at the expense of several expensive conflicts-of-interest. But, the Titanic of the ad world can’t hold on to it all. And, companies or all sizes and industries can take a few lessons.

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Deflategate and the power of external investigations

May 12, 2015 - by: David Kim 0 COMMENTS
David Kim

After more than three months of waiting, we finally got the investigative report regarding the New England Patriots’ “Deflategate” incident that occurred during the NFL’s AFC Championship Game earlier this year. Was it worth the wait? Was the NFL’s subsequent punishment just? It’s pretty clear it depends on whom you ask.16350680255_56244e827d_o

Authored by Ted Wells and his team from the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, the investigative report (the “Wells Report”) comes in at a hefty 243 pages (with exhibits). Those who question the Wells Report point to inconsistencies and unsubstantiated conclusions that would undermine the report’s finding that “it is more probable than not” that two Patriots personnel were involved in deliberately deflating footballs and that “it is more probable than not” that quarterback Tom Brady was “at least generally aware” of these two individuals’ actions. Others find that enough circumstantial evidence exists (in the form of text messages, statements, and certain scientific data) to make such a determination.

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A Word for the EEOC from Bob Kazamakis*

May 04, 2015 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Do I look like someone who would waste my own time?

Robert California, The Office

This post takes us back to “That’s What She Said,” Ford Harrison’s earlier and excellent chronicle of The Office. After Michael Scott’s departure for marital bliss with zany HR manager Holly Flax, Dunder Mifflin floundered about in search for a new captain. For one season, that captain was Robert California, played by James Spader. California was a weirdo – a bottomless pit of self confidence, obsessed with sex, enigmatic, and prone to opaque monologues and odd rhetorical questions like the one above. United States Supreme Court

That quote popped to mind last week when I saw that the Supreme Court had decided Mach Mining, LLC v. EEOC. Mach Mining began like most EEOC charges. A female applicant filed a charge with the EEOC claiming that the company, a coal miner (not the kind of business that gets much federal agency love these days, anyway) failed to hire her because she was female. The EEOC investigated and found cause regarding the claimant and a class of similarly situated female applicants. Like other cases involving a cause finding, the EEOC sent Mach a letter to inform the company of the decision and invited it to participate in the EEOC’s informal conciliation process (many of you have likely been through similar situations). So far, so good.

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The return of the quarterback evangelist

April 21, 2015 - by: Andy Tanick 4 COMMENTS
Andy Tanick

With the NBA and the NHL heading into the playoffs and Major League Baseball’s 2015 season underway, one might think that the NFL would have a hard time breaking onto page 1 of the sports section these days. (For younger readers, that was a reference to something we used to call a “newspaper.”) Not so! Football fans in Philadelphia and the rest of the country were either thrilled or chagrined – because with this guy, there is no middle ground – to hear the news this week that the Eagles had signed quarterback Tim Tebow to a one-year contract. iStock_000004238126_Large

Tebow became a national hero in 2007 as the first college sophomore to win the Heisman Trophy, and he followed that feat by leading his Florida Gators to the BCS National Championship in 2008. His college success briefly translated to a modicum of NFL success with the Denver Broncos, but his style of play (and some would say, lack of skill) soon proved incompatible with the pros and he was released by the New England Patriots in 2013.

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Fire Harry Crane

April 16, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Mad Men can be tough to watch for an employment lawyer. I was thinking of this while watching the show’s most recent episode, “New Business.” In a particularly cringe-worthy scene, Harry Crane propositions Megan under the pretense that he can help get her acting career back on track. Harry is a buffoon and a jackass, and I wondered if he was exposing the firm to potential liability. iStock_000051863008_XXXLarge

There is precedent for the theory that an employee who harasses a third party can expose his employer to vicarious liability. Twenty-five years ago, a New York trial court  famously found that a model was sexually harassed by Penthouse Enterprises, which, among other things, required her to engage in sexual activities for the benefit of the company’s business. In that case the model was quasi-employed by Penthouse, but the court pointed out that the conduct constituted intentional infliction of emotional distress as well as sexual harassment.

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Workaholics: Drug testing

April 06, 2015 - by: Kristin Starnes Gray 4 COMMENTS
Kristin Starnes Gray

The Comedy Central show Workaholics is currently in its fifth season of depicting a fresh (and hilarious) human resources nightmare week after week. The show is about three recent college dropouts (Blake, Adam, and Anders) who also happen to be roommates and coworkers at a fictional telemarketing company, TelAmeriCorp. To give you an idea of just how mischievous these three can be, their drug dealer/turtle feeder is also a regular fixture on the show. iStock_000003274349_Large

Fittingly, the pilot episode deals with the trio attempting to pass a company-wide drug test after a day of partying. Their shenanigans include, for example, bribing a middle school boy with fireworks and ninja stars in exchange for clean urine. When this plan goes awry (I won’t give away the messy details), the group decides to accept their  fate and take the drug test. Blake, however, finds inspiration from the film Die Hard and decides to contaminate ALL the employees’ samples before escaping just in the nick of time. Shocked to find that all TelAmeriCorp employees failed the drug test, Alice Murphy (senior sales associate and boss to our oddly endearing–though often disgusting and misguided–trio) relieves the drug tester of his duties. Blake, Adam, and Anders celebrate only to learn that the company has planned a hair follicle test.

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Business lessons from WrestleMania 31

March 30, 2015 - by: Josh Sudbury 3 COMMENTS
Josh Sudbury

The biggest sports entertainment event of the year is in the books. Did you miss it? Nope, I’m not talking about the NCAA Tournament or even the Cricket World Cup—by the way, you can rest easy since Australia beat New Zealand by 7 wickets to capture its 5th Championship—I’m talking about WrestleMania 31. Yes, the penultimate event for the more-than-semi-scripted man drama took place on Sunday before a live audience of 76,976 at Levi’s Stadium in Santa Clara, CA, and countless millions watching at home on pay-per-view. wrestlemania

WrestleMania didn’t just deliver at the box office. The event featured show-stopping action from big name headliners, both past and present. For those of you who missed all that glorious “wrastlin,’” I’ll give you the 30-second recap: The Big Show defeat 20-plus wrestlers to take home the trophy in the 2nd Annual Andre the Giant Memorial Battle Royal; Triple H (who entered the ring dressed as the Terminator) defeated Sting after both “D-Generation X” and “nWo”—including The Real American himself, Hulk Hogan—intervened on behalf of both fighters; John Cena defeated Russian fighter “Rusev” (who entered the venue on nothing less than an actual TANK!) to win something called the “United States Championship belt”; Daniel Bryan climbed a ladder and out-head-butted Dolph Ziggler to grab the “Intercontinental” Championship belt; The Undertaker laid to rest Bray Wyatt with a move known as the “Tombstone Piledriver”; and, most importantly, Seth Rollins curb-stomped his way to the WWE World Heavyweight title, defeating Brock Lesnar and Roman Reigns. Oh yeah, and Dewayne “The Rock” Johnson called on Women’s UFC Champion Rhonda Rousey to clean up a little trash in the ring. Whew! I’m tired just describing it.

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Parks Madness

March 25, 2015 - by: David Kim 1 COMMENTS
David Kim

In February, one of my favorite televisions shows, Parks and Recreation, concluded its magnificent seven-season run. While it had typical struggles in the early going, it soon hit its stride and gave us a cast of interesting characters whom we got to see evolve from their first interaction with the Pawnee, Indiana, Parks Department all the way into their eventual future lives. March Madness Businessman Hand Filling In Bracket From Above

The beginning of March Madness has helped to alleviate some of the void left by the departure of Parks (yes, I’m on a first-name basis with the show). In honor of both of these exceptional television viewing experiences, I decided to do a Parks-inspired March Madness bracket to determine which Parks character would be the most ideal employee for an organization, and conversely as a result, who would make an HR director pull his or hair out with worry about potential liability or lack of productiveness.

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Blacklisting

March 18, 2015 - by: Matt Gilley 4 COMMENTS
Matt Gilley

One of my colleagues did an evil thing last month: He encouraged me to give NBC’s The Blacklist a try. Clown Businessman

Ever since, I’ve been hooked on James Spader’s character, Raymond “Red” Reddington. Without spoiling anything for the uninitiated, Red is a fixture on the FBI’s Ten Most Wanted List, a supremely enterprising international underworld mercenary, and a brilliant mind who surrenders himself to the FBI for reasons that still are unknown to viewers. All we do know is that Red has agreed to help the FBI apprehend a number of vile criminals, gangsters, thugs, and scrubbed-up lowlifes (many of whom the FBI had no reason to suspect of any criminal involvement). He feeds these names to a special FBI task force one at a time, and each episode’s title is named for the latest name Red pulls from his mental (wait for it…) “Blacklist.”

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