Method to their madness, but what if Freddie the freelancer had stolen Don Draper’s idea?

April 18, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

I watched the opening scene of Mad Men (Season 7, Episode 1) and thought, “Wow, Freddie has really gotten his act together.” His Accutron pitch, so polished, so vivid, so moving. Don Draper himself could not have done better. Turns out Don couldn’t have done better, but only because it was revealed later that Don himself was feeding Freddie pitch ideas to use as a freelancer.

But what if the facts were slightly different? What if Don and Freddie were just two advertising guys eating sausage hoagies over lunch, casually sharing pitch ideas? And then what if Freddie took one of Don’s ideas and turned it into a successful pitch for which Freddie received credit and revenue? Could Don sue Freddie?

read more…

Men don’t [take] leave

April 14, 2014 - by: David Kim 2 COMMENTS
David Kim

At least that’s what former NFL quarterback Boomer Esiason and radio talk show host Mike Francesa believe. Their critical shutterstock_88182934comments of New York Mets second baseman Daniel Murphy, particularly those made by Esiason, recently created a storm of controversy that extended beyond just the sports world.

Murphy missed the first two games of the 2014 regular season to be with his wife for the birth of their first child. In fact, Major League Baseball’s collective bargaining agreement with the Players Union provides that players can take up to three days for paternity leave. This provision was put into the collective bargaining agreement (CBA) back in 2011, a sign that the players lobbied and negotiated for such leave. Despite this, and despite the fact that Murphy played 161 out of 162 games last year, Esiason and Francesa ripped into Murphy. read more…

Veronica Mars: Return to Neptune

April 04, 2014 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Thanks in large part to a record-breaking Kickstarter campaign, legions of “Marshmallows” and I recently got to enjoy new adventures of Veronica Mars on the big screen. Although Veronica left the small screen back in 2007, that did not stop my favorite private detective from diving right back into action (and danger) in the film version. The premise of the film is that Veronica’s ex-boyfriend, Logan Echolls, is suspected yet again of murdering a girlfriend. Lucky for Logan, Veronica is willing to leave behind her life in New York (including a stable relationship with Piz and a high-powered legal career) to help, even when it means risking her own life. What else would you expect from someone who received a private investigator’s license for her 18th birthday?   KristenBell

An interesting tidbit is that Kristen Bell, the actress who plays the titular character, had recently given birth at the time of filming. You would never know it watching Veronica hunt down the killer and narrowly avoid becoming a victim herself. This got me thinking about dangerous professions and pregnancy. Where would Logan (and all the devoted fans) be if a pregnant Veronica Mars was not permitted to do her job and catch the bad guy? According to the U.S. Supreme Court, employers may not lawfully deny jobs to women because of hazards to unborn children. Such decision have to be left to women. According to the Court, denying jobs to women due to hazards is biased because fertile men, but not fertile women, are given “a choice as to whether they wish to risk their reproductive health for a particular job.”

read more…

If Bill Cosby is wearing a garish sweater, this must be 1980s TV!

March 27, 2014 - by: Andy Tanick 0 COMMENTS
Andy Tanick

A few weeks ago, I saw a news story about how the last of the baby boomers are turning 50 in 2014. “Wow, that’s old,” I thought, until I realized that I’m 53. Then, as if I needed any further reminders of my elder statesmanship, one of the legal assistants in our office, a 20-something, accused me of “making up” the fact that there used to be a popular singer named Bing. Sigh. (And for the record, he was popular way before my time.)  CosbySweater

That’s it, I decided. Time for a blog post about popular culture from an era that none of those rascally whippersnappers will even remember: the 1980s.  That’ll teach ‘em not to be so darn … er, young. So charge up your brick-sized cellular phone, press “play” and “record” simultaneously on your 150-pound manually-operated VCR, and run your comb through that mullet: We’re going to take a spin through “Employment Law in1980s TV-Land.”

read more…

Selection show: seeding literature’s worst HR nightmares

March 23, 2014 - by: Matt Gilley 5 COMMENTS
Matt Gilley

March Madness always brings out our need to sort, rank, and compare. Personnel managers need not be any different and, since I’m nominally in charge of bringing literature to the discussion here and since we trace this blog’s heritage to speculating on Michael Scott’s employment law sins in The Office, let’s begin filling a bracket with the worst HR nightmares in literary history.   Brackets

We should have fertile territory. Literature, after all, is nothing but a retelling of human foibles. HR is nothing if not managing human foibles. I defy any of you to convince me that you don’t draw parallels to your coworkers when you’re making your way through a novel on the evenings and weekends.

read more…

Trash talk or abuse? NFL debates banning the N-word

March 16, 2014 - by: Josh Sudbury 1 COMMENTS
Josh Sudbury

In any other NFL offseason, with the hype over combine results all over the television and free agency in full swing, it’s likely many football fans might not notice the NFL Competition Committee meeting in the background. But this year, the committee is making news as it mulls over a controversial potential new rule that could result in individual players being penalized for using the N-word. The potential move is another effort by the NFL to clean up its image in the wake of scandals such as the Richie Incognito/Jonathan Martin scandal that surfaced during last season.shutterstock_10634185

The debate over the new rule has brought about opposition from at least a few current NFL players, such as Seattle cornerback Richard Sherman, who told Sports Illustrated’s Peter King that banning the N-word is “an atrocious idea,” adding that he feels its “almost racist” for the league to target only one word. Sherman stated that the N-word is present “in the locker room and on the field at all times” and that he hears it “almost every series out there on the field.” Free agent linebacker D’Qwell Jackson sees it a different way. According to King, Jackson told him he feels the rule would be great for the game, assuming the NFL could get it implemented, although he noted that enforcing the rule could prove difficult. As King’s article points out, the penalty’s stigma could be significantly more far-reaching than the yards assessed: read more…

If you don’t have anything nice to say…

March 10, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Lately, have you felt feverish, light-headed, even giddy? Well then you must have Oscar fever. The stars! The gowns! The teeth! My god, those blinding white teeth! For you, March 2, 2014, was a night of luxury, glamour, and take-out noodles because NO WAY you were cooking for the family and risk missing J-Law stumble over something walking down the red carpet. Adorbs!

shutterstock_131566310

read more…

I believe you have my stapler

March 04, 2014 - by: David Kim 2 COMMENTS
David Kim

shutterstock_44644189Ever flip through the channels on a lazy Saturday afternoon and come across an oldie but goodie? This happened to me recently with the movie Office Space, a workplace classic. While I can’t imagine a world where everyone hasn’t seen Office Space, here is a quick plot summary.

Peter Gibbons (played by Ron Livingston, pictured here) generally has no motivation in life. He hates his job as a programmer at Initech, and hates his boss Bill Lumbergh, a smarmy coffee-mug-holding you know what who makes Peter work weekends and constantly bugs him about the status of his “TPS reports.” Convinced to attend an occupational hypnotherapy session where the therapist dies of a heart attack after hypnotizing Peter, he wakes up relaxed and with a new take on life.  He ignores Lumbergh’s calls and, instead of heading into work over the weekend, goes to Chotchkie’s (a T.G.I. Friday’s parody) and asks out Joanna, a waitress played by Jennifer Aniston, whom Peter seemingly has had a crush on for a while.

read more…

Downton Abbey: Handling an employee resignation with class

February 21, 2014 - by: Kristin Starnes Gray 2 COMMENTS
Kristin Starnes Gray

Although Downton Abbey focuses on the upstairs/downstairs dynamics of the fictional aristocratic Crawley familshutterstock_170276813y and their staff, there are still some lessons that contemporary employers may take from the show. For instance, in a recent episode, the staff dealt with the sudden resignation of second footman Alfred, as he was accepted into the Ritz cooking course and decided to pursue his dream of becoming a chef. Just as butler Carson was faced with the prospect of an unexpected, voluntary staff departure, so are many employers in modern society. There are certain steps employers can take to help make such transitions smoother.

1. Two-week notice. Consider whether to include a section addressing employee notices in the handbook. You should beware of making it mandatory for employees to provide advance notice, given that some courts have found this to alter their at-will status and have even interpreted such notice requirements as reciprocal for the employers.

read more…

“You’ve got mail! And it just might be a warrant for your arrest”

February 13, 2014 - by: Andy Tanick 0 COMMENTS
Andy Tanick

You don’t have to try very hard these days to find employment law references in pop culture. Movies and TV shows examine issues of employment discrimination, politicians seem unable to resist the urge to text photos of their private parts to their disgusted subordinates, and professional athletes provide ample fodder for lawyers in desperate search of HR blog topics. But when’s the last time a major news story emerged about the Health Insurance Portability and Accountability Act, or HIPAA? Now it is true that HIPAA made the news when it was initially signed into law by President Clinton, because (to greatly oversimplify) it served the laudable goal of guaranteeing continued health insurance coverage for employees who change jobs, without regard to preexisting conditions. But since those initial kudos, publicity about HIPAA has been about as hard to find as a day of calm weather in the American winter of 2013-14. AOL

That all changed last week, when the CEO of AOL, Tim Armstrong, publicly blamed unpopular changes to the company’s 401(k) policy on costs AOL had incurred because of two employees’ “distressed babies.” Specifically, Armstrong stated that AOL had to enact the new policy because, in part, “We had two AOL-ers that had distressed babies that were born, that we paid a million dollars each to make sure those babies were OK  in general. And those are the things that add up into our benefits cost.”  Suddenly, every pundit and commentator in the country became a HIPAA expert.

read more…

 Page 1 of 4  1  2  3  4 »