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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Live long and diversify your workforce

March 02, 2015 - by: Andy Tanick 1 COMMENTS
Andy Tanick

The death of Leonard Nimoy this week brought back many memories of the actor’s classic portrayal of Mr. Spock in the original “Star Trek” television series and subsequent movies, as well as his talents as a photographer, writer, and lecturer.Man giving Vulcan salute

Spock, as personified by Nimoy, embodied many qualities that employers value in their workforce, such as intelligence, logic, and loyalty. But as I was lying awake at night desperately trying to think of some justification for paying tribute to Nimoy–who was, by all accounts, truly a kind, thoughtful, and intellectual man–in a blog about employment law, something else struck me: how “Star Trek” depicted the ultimate diverse workplace, decades before anyone was even talking about such things.

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Now showing at a workplace near you

January 12, 2015 - by: Andy Tanick 0 COMMENTS
Andy Tanick

The air is bitterly cold, especially here in Minnesota. The kids are back in school, and the Christmas decorations have all been put away. For followers of pop culture, those signs can mean only one thing: Now you finally have time to see all those prestigious, blockbuster movies that came out in late 2014.shutterstock_141495676

Business owners and human resources professionals are especially fortunate this year, because so many of the top movies of 2014 had employment-related themes. What HR manager has never had to deal with the fallout from “Horrible Bosses,” after all? And what business hasn’t worried that at some point, “The Judge” could be deciding the outcome of a legal claim filed by a disgruntled former employee?

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The naked truth about nude celebrities in your workplace

November 17, 2014 - by: Andy Tanick 2 COMMENTS
Andy Tanick

Celebrities lately seem to be having a hard time keeping their clothes on.

Whether it’s one of the Kardashian sisters baring her bottom or Keira Knightley baring her bosom, you can hardly look at any social media site these days without being assaulted by celebrities in various degrees of naked-idity, as Radar O’Reilly once called it. While the exhibitionism has recently arisen mainly among the ranks of female celebrities, there has been no shortage of male body parts on display in recent years, what with NFL quarterbacks, New York politicians, and others seemingly unable to resist the urge to use their smart phones to do dumb things.  NSFW

All of which raises an interesting employment law issue: How does a company’s policy against sexual harassment deal with conversations that employees might have about current events, when those events can at times be sexually charged? If an employee forwards the Kardashian photo to a co-worker, is he violating the policy? What if he merely references the photo as further proof (as if we needed it) that nothing Kardashian-related has any redeeming social value? What if several coworkers engage in a spirited intellectual debate about the statement of female empowerment that Knightley claims she was making with her revealing photo?

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Some extra points about fantasy football and your workplace

September 15, 2014 - by: Andy Tanick 2 COMMENTS
Andy Tanick

Although the actual games have been overshadowed lately by the off-the-field misbehavior of some of the players, the NFL season opened last week. And if you listened closely enough, you could almost hear HR managers and small business owners across the country yelling at their employees, “Get off your fantasy football website and get back to work!”shutterstock_134095112

Like college basketball’s March Madness, fantasy football’s massive popularity arises in large part from the fact that it gives zealots and non-enthusiasts alike a chance to “get in on the action,” and not just enjoy a sporting event but also win bragging rights over all of their friends. Indeed, anyone who has ever participated in either endeavor is sure to have bitter memories of losing the NCAA pool to someone who picked teams based on uniform colors or mascot cuteness, or losing a fantasy football championship to someone who couldn’t pronounce Tim Biakabatuka’s name if his life depended on it. Let’s just say, there is a certain amount of luck involved (except when I win).

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All you need is employment law

August 04, 2014 - by: Andy Tanick 1 COMMENTS
Andy Tanick

Our blog seems to have focused quite a bit recently on stories from the world of sports, and given the number of professional athletes behaving badly lately, that comes as no surprise. So for this week, we’ll take a break from litigious punters, abusive running backs, and egotistical power forwards to focus on another area of entertainment. Our diversion is well-timed, because I was fortunate enough to attend Paul McCartney’s concert last weekend at Target Field in Minneapolis, where the hapless Minnesota Twins are usually the athletes playing badly, if not behaving badly.  Beatles

What do Paul McCartney and the Beatles have to do with employment law? Well, plenty as it turns out. In fact, with a little creativity, we can conjure up an employment-law subtext to many of the top hits by Sir Paul and his bandmates.

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What HR pros can learn from Casey Kasem

June 23, 2014 - by: Andy Tanick 1 COMMENTS
Andy Tanick

If you were a teenager in ’70s or ’80s who loved pop music, you undoubtedly recall huddling next to your AM transistor radio, maybe with your cassette recorder on standby so you could hit “record” at the just the right time, listening to “American Top 40” with its mellifluous host Casey Kasem. Each week, Casey would count down and play the current top 40 songs, as determined by Billboard magazine, over the course of his three-hour syndicated radio broadcast. In addition to the songs, Casey would sprinkle in trivia about the recording artists, dig back into the “AT40 Archives” for a few “golden oldies,” and bring a tear to our eyes with the “long-distance dedication” of a special song from a star-crossed lover to his or her far-away soul mate.
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Those of us who grew up with Casey were saddened this week upon the news that he had passed away at age 82. Although many of the recent headlines followed his family’s unseemly bickering over his care in his final days, most observers were able to ignore that side-show and remember the legacy of the man who not only popularized the idea of the “top [fill in the number]” countdown list, but also provided the voice of Shaggy in 40 years’ worth of Scooby-Doo cartoons.

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With pals like this, who needs enemies?

May 12, 2014 - by: Andy Tanick 2 COMMENTS
Andy Tanick

For those entrepreneurs who have struck it rich thanks to the Internet, Al Gore’s invention has been a wonderful thing. But a news story last week illustrated that the Internet also can cause a lot of headaches–even for the same people whose children and grandchildren may never have to work a day in their lives because of the worldwide wealth created by the worldwide web.

This story comes to us courtesy of the Internet payment processing giant, Paypal. According to Paypal, the company’s former director of strategy, Rakesh “Rocky” Agrawal, responded to anshutterstock_166165568 offer to take on a new role at the company last week by “choosing to turn a career-defining moment into career-destroying infamy.” Specifically, “Rocky” responded to the offer by inexplicably posting a series of angry, profane, and bizarrely nonsensical tweets on Twitter. Those tweets that were actually comprehensible included suggestions that Paypal executives perform physically impossible feats that best not be described here. Those tweets that were less decipherable included messages such as, and we quote, “jjjjj 999 I’mk nokkkkkiikkknokkkkkiikkkkkkjjnmo88iok99okkoolooolo.” Rocky has since claimed that his tweets were meant to be private (oh, THAT explains it) and has apologized, but Paypal isn’t buying what he is selling–probably even if he offers to accept payment via Paypal.

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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.”

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“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.

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