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.

read more…

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.

read more…

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.

read more…

Elf: one too many Christmas spirits

December 19, 2014 - by: Kristin Starnes Gray 1 COMMENTS
Kristin Starnes Gray

With Christmas just around the corner, my family and I have begun our yearly ritual of re-watching our favorite holiday films. At the top of the list is a relatively newer addition, Elf.  The comedy stars Will Ferrell as Buddy, a human who crawls into Santa’s sack and ends up being raised by Papa Elf at the North Pole. After learning that he is actually human rather than an elf, Buddy decides to travel to New York to find his biological father, who works at a children’s book company and happens to be on the Naughty List. Much of the film’s comedy and charm comes from Buddy’s child-like innocence and genuine holiday cheer as he tries to navigate the cynical world of New York City. shutterstock_236981068At his father’s office, this same innocence leads Buddy to mistake a mail room worker’s whiskey for delicious maple syrup. As you can imagine, a six-foot tall elf can cause quite a ruckus in the workplace after having too many spirits.

Employers are well aware that illicit drug use and alcohol abuse can be costly in the workplace. Drug-free workplace programs can be powerful tools in spreading prevention messages and intervening early with those who have already begun to use drugs. For many individuals, especially those who may deny that their use of drugs is problematic, workplace-based programs can be a critical step along the road to treatment and recovery. Every workplace is different, and drug-free workplace programs should be tailored to match a company’s individual needs. Here are some general recommendations for such programs: read more…

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?

read more…

Halloween tips to avoid a total nightmare

October 27, 2014 - by: Josh Sudbury 2 COMMENTS
Josh Sudbury

It’s that time of year again. Time for Halloween and all the candy, cheesy ghost stories, and inappropriate costumes that come with it. While Halloween can be fun and exciting, the fallout for employers can be all fright.

Office Parties. While workplace costume parties can lighten the mood in the office, employers should be proactive in dealing with the potential issues that can arise.

shutterstock_157867430First and foremost, employers should communicate simple and clear rules or guidelines to their employees in advance of any party. Employees should be reminded that professionalism is still expected of them at work, both in their conduct and their costumes. This is especially important if your employees will interact with customers during the workday, as an offensive or inappropriate costume could cause more than just internal employee relations issues. Employers should give their employees examples of what is potentially inappropriate, so that there is no guesswork involved for the employee.

Inappropriate costumes can include those costumes that reveal too much skin or, depending the type of workplace you operate, those that have the potential to compromise safety. This category can also include costumes that touch on hot-button political or social topics, such as an employee lampooning a high-profile political figure or dressing as a nun or priest. While some employees may be unaffected by these costumes, employers must be sensitive to how all their employees may deal with the notions raised by such costumes. read more…

Breaking Bad: Disciplining employees for off-duty conduct

October 06, 2014 - by: Marilyn Moran 1 COMMENTS
Marilyn Moran

You can hardly get through your morning coffee these days without seeing another story about some athlete, model, or actor who abused his wife, trashed her Beverly Hills hotel room, or went all shutterstock_180348752Archie Bunker in a racist Twitter rampage. Usually, high-profile celebrities are bound by employment contracts that require strict adherence to an impeccable standard of personal conduct. But what can the average employer do if Walter White, the usually quiet and docile chemist with a spotless work history, decides to break bad over the weekend, uses his RV for a meth lab, and has his mug shot splashed all over the news? Like so many legal questions, the answer is “it depends.”

Generally, under the at-will doctrine, employees can be fired for any reason, or no reason at all, as long as the reason is not illegal. Unfortunately, deciphering whether a reason is “legal” or “illegal”  is not as clear as Walter’s blue crystal. Obviously, it is illegal to discipline or terminate an employee based on the employee’s race, religion, or sex, but most off-duty conduct lies somewhere in the gray area. Until recently, most employers did not give a second thought before disciplining an employee for off-duty criminal conduct, but the Equal Employment Opportunity Commission (EEOC) has loudly condemned the practice. According to the EEOC, some racial minorities are disproportionately more likely to be arrested or convicted of criminal offenses than others, so the agency is critical of employment policies that universally disadvantage applicants or employees based on past criminal conduct.  As a result, the safest bet for disciplining employees for off-duty conduct is to focus on the job-related consequences of the behavior, rather than the behavior itself.

read more…

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).

read more…

HR sports roundup: football, futbol, and fireworks

July 02, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

As we head into the July 4 weekend, your EntertainHR sports reporters cover America’s favorite pastime–litigation!

The women who cheer football got a boost this week when the Oakland Raiders announced they would pay their Raiderettes the California minimum wage of $9 per hour beginning this coming season.  This blog first covered the story back in January when the lawsuit was filed. football, futbol, fireworksWe would not be surprised to see similar lawsuits from other cheerleading squads, particularly in California or other states with employee-friendly labor laws. The attorneys for the Raiderettes who filed the lawsuit will continue to pursue their action against the team. They seek back pay and attorneys’ fees for the alleged violations from past seasons.

The women who play football have filed a lawsuit of their own. A class of current and former players in the Lingerie Football League–now the Legends Football League–have sued the league in Los Angeles superior court for a litany of wage and hour violations based on the league’s alleged misclassification of them as independent contractors and not employees. Employee misclassification is a hot topic in employment law and has been the reason for a blitz of wage and hour class actions in recent years. The U.S. Department of Labor has devoted an entire section of its website to the topic.

read more…

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.

read more…

 Page 3 of 4 « 1  2  3  4 »