When the floodgates open, expect water at your doorstep

November 13, 2017 - by: David Kim 0 COMMENTS
David Kim

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no intention of reiterating any of the excellent points Kristin covered in her piece, it would be ignoring the obvious not to say that a lot has transpired since that breaking news story.

Virtually every day since then, additional allegations of sexual harassment and misconduct have been made against prominent public figures. Not just individuals in Hollywood (which include everyone from executives, producers, writers and actors), but also against politicians, publishers, and editors from various media organizations, news contributors, restaurateurs, and a slew of others. On top of these serious allegations, numerous individuals (both public figures and “regular” individuals like you and me) have used social media to share their own stories or harassment, not only sexually based but also other forms of harassment and bullying within the workplace.

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In honor of Labor Day, some time sheet tips to beat FLSA off-the-clock claims

September 05, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Ah, Labor Day. Family barbecues, a trip to the beach, your last chance to wear white, time spent napping and binging on Netflix, or just a simple day of relaxation. However you spent the long weekend, I hope you enjoyed some rest from your labors. As an employment lawyer and a mother, the word “labor” has two rather negative connotations for meas in “labor pains” and, even worse, the “Fair Labor Standards Act.” I will spare you the details of the former and focus instead on the latter in today’s post.  Overtime (2) read more…

Leaks and whistleblowers and liability, oh my!

August 07, 2017 - by: David Kim 0 COMMENTS
David Kim

Leaks are everywhere. They happen in politics, in sports, in the entertainment industry, in people’s everyday lives, and (unfortunately for many of us, myself included) in the roofs and pipes in our homes.

  • How do we know that Kyrie Irving wants a trade from the Cleveland Cavaliers? Someone leaked it to a reporter.
  • We know the official reason the new Han Solo Star Wars movie changed directors after months of shooting was because of “creative differences.” But how do we know what those specific differences were and how much animosity actually existed between the producers and the now-dispatched directors? Because someone leaked the e-mail exchanges.
  • Did you know that the most recent Game of Thrones was available for viewing before this past Sunday’s official airing? Heard someone leaked it online.
  • Did you hear that Bob really likes Kate, that their first date is next week and Bob is taking Kate to the place that Kate told Betty (who told Bob) she always wanted to try? John (who works with Bob, but also has mutual friends with Betty) leaked it to me.Trading secrets

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Fox News & Bill O’Reilly—best practices for conducting internal workplace investigations

May 01, 2017 - by: Rachel E. Kelly 0 COMMENTS
Rachel E. Kelly

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation.    Employment Incident  Investigation Form

Workplace investigations are tough, and if your organization can’t afford (or simply does not want) to hire a legal giant to handle the internal investigation, there are some key steps to ensure the investigation is fair, impartial, and efficient.

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Unwritten rules cause uncertainty in sports and at work

April 24, 2017 - by: David Kim 0 COMMENTS
David Kim

Anyone who follows sports, even on a casual basis, has heard about “unwritten rules.” But the problem with unwritten rules is that sometimes they can be subject to different interpretations and standards. This is because, well, the obvious reason that they aren’t written down for everyone to see.  Slide

Take the baseball series this past weekend between the Boston Red Sox and Baltimore Orioles. The Orioles’ Manny Machado took out Dustin Pedroia of the Red Sox on a somewhat aggressive slide at second base, which resulted in Pedroia being injured and missing the last few games and perhaps more. This happened last Friday. In the eighth inning of Sunday’s game, Red Sox reliever Matt Barnes threw at Machado’s head, in what clearly was retribution for the slide. Machado was none too happy, for obvious reasons. Video caught a fascinating exchange between Machado and Pedroia immediately after the attempted beaning, which Pedroia further expanded upon in a post-game interview. In short, Pedroia disagreed with his own teammate, stating that any retribution should have been done right away (i.e., during Saturday’s game) and not in the latter innings of a game two days later. Specifically, Pedroia stated it was a “mishandled situation.”

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ADA and Batman—by Robin

March 27, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

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Sherlock: the final problem for employers

January 27, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

The series four finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns indoors whenever frustrated, and generally being delightfully bizarre. These oddities are some of the many reasons that Sherlock is a consultant for, rather than an employee of, the local authorities.  Personality Assessment Form

They also explain why Sherlock has no regular employees to speak of, unless you count his secret network of informants. This series introduces Sherlock’s sister, who is comprised of equal parts evil and intellect. When she takes over the high-security facility where she has been housed for decades for being “too clever,” all bets are off.

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Baseball purists

December 13, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

“Puritanism: The haunting fear that someone, somewhere, may be happy.”

-H.L. Mencken

This post may not be the usual finger-wagging scold you may have come to expect from an employment lawyer. I’m confident, though, that this blog’s audience of fellow practitioners and human resource professionals will take a little solace in it. After all, it’s no fun to be a killjoy and we are thrust into that role more often than we’d like.  Young male baseball referee blowing a whistle

Why? Because potential liability under the employment laws too often compels us to manage to the lowest common denominator.

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Peter Dinklage takes on Elf

December 05, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame.  Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you never took it down from last year.  One of my favorite Christmas movies is Elf, starring Will Ferrell.  It is surprisingly packed with various employment law issues, such as employee substance abuse at work, sexual harassment, and workplace violence.  In one of the more memorable scenes, Peter Dinklage’s character, Miles Finch, demonstrates how good intentions can still lead to a harassment complaint.  Facepalm, retro disappointed man slapping forehead, d'oh!

As background, Will Ferrell’s character, Buddy, has been raised as one of Santa’s elves and only recently learned that he is actually human. He has tracked down his biological father, who works for a children’s book publisher in New York City. Unaccustomed to the human world and innocent to its realities, Buddy has difficulty adjusting to life in the Big Apple and working in his father’s office.

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Office Christmas Party–strategies to avoid the legal fallout

November 10, 2016 - by: Robin Kallor 0 COMMENTS
Robin Kallor

You may be wondering why I selected to write about a movie that is not yet in the theaters.  Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the title—Office Christmas Party.

Yes, we are in Human Resources. What that means is that when others look forward to getting dressed up and celebrating year-end with their colleagues in a laid-back social setting for which the company often spares no expense, we HR professionals get stomachaches in anticipation of the event. When others spend time at the party kicking back and enjoying a couple of cocktails at the five-hour open bar, we spend our time in a corner covering our eyes or doing damage control. While others need the next day off to nurse a nasty hangover, we HR professionals are “up and at ’em”—again doing damage control. We are the stiffs, the Grinches, the Scrooges. Even during the planning stages, the more fun the party sounds, the louder the screeches in our brain become.

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