Howard Stern’s day off : the danger of digging for details when employees call in sick

May 23, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence.  Although Stern’s absence was initially attributed to a “personal day,” many fans speculated that Stern’s sick father was the real reason he missed work.  Sickness absence

To quell the speculation, workaholic Stern revealed to listeners that he took a rare day off because he was, in fact, sick and his voice was not strong enough to do his radio show.  Even after Stern’s announcement, however, some fans continued to sense a conspiracy and wanted more details, with one fan questioning, “If [Stern] taking a sick day is no big deal, why keep it a secret?”

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Standing ovation for Adam Jones at Fenway

Kristin Starnes Gray

Last Monday, the Orioles made headlines for more than just their 5-2 win over the Red Sox at Fenway Park.  Orioles player Adam Jones reported that Red Sox fans called him a racial slur several times and threw a bag of peanuts at him as he was entering the dugout. Police reportedly ejected 34 people, including the person who threw the bag of peanuts. The Red Sox, Boston Mayor Marty Walsh, and MLB Commissioner Rob Manfred all condemned the fans’ behavior.  Fenway park at sunset

The following day, fans welcomed Jones with a standing ovation at Fenway Park before his first at-bat. Despite recent hostility that has arisen between the two teams after Manny Machado injured Boston’s Dustin Pedroia, Red Sox starter Chris Sale stepped off the mound on Tuesday to allow more time for Jones’ ovation. In addition, Jones thanked two Boston players, Mookie Betts and David Price, for their supportive text messages. African-American players for other teams also have come forward about their experiences with being called racial slurs by fans during games.

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Tragedies on and off the silver screen: How to avoid costly workplace injuries

April 10, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror. First, the leading actress’ stuntwoman, Olivia Jackson, sustained life-threatening injuries, including cerebral trauma, a crushed face, a severed neck artery, a paralyzed arm that had to be amputated, spinal cord damage, and multiple broken bones, all from a motorcycle collision with a camera crane. Then, later in filming, another crew member, Richard Cornelius, was killed when one of the movie’s props, an Army Hummer, crushed him. In addition to such stunt and crew film personnel, actors themselves often suffer serious workplace injuries while filming movies. For example, while filming “Syriana,” A-list actor George Clooney broke his spine during a stunt scene gone awry. His injury was so serious that he was bedridden for a month with severe migraines, during which time he also suffered from depression. Work Injury Claim Form

Like the Hollywood employees just mentioned, everyday workers also suffer workplace injuries. These injuries can prove costly to their employers in the form of workers’ compensation claims, Occupational Safety and Health Administration (OSHA) penalties, and loss of productivity and morale. Private employers reported approximately 2.9 million nonfatal workplace injuries and illnesses to OSHA in 2015. Moreover, the Bureau of Labor Statistics (BLS) reports that approximately 4,500 employees suffer workplace injuries each year that result in their deaths. Such recorded workplace injuries and illnesses range in severity and include wounds, amputations, back injuries, as well as fatal accidents from crushing and falling. Almost one-half of the recorded workplace injuries were serious enough to result in direct or indirect financial loss to the employer, including the injured employee missing a day or more from work, requiring a transfer to a different position, or needing to limit some duties of his or her position due to a doctor-imposed work restriction. In addition, these are just the reported injuries. It’s safe to say that many thousands more injuries are either not reported by the employee and/or the employer.

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Will and Grace reunited

March 20, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Ever since the cast of Will and Grace reunited for a mini episode encouraging all of us to vote in 2016, the Internet has been in a frenzy about the possibility of a revival 18 years after the show first aired. In January, the news broke that NBC has ordered a 10-episode limited revival series reuniting the original stars. The show is known for making us laugh while breaking significant ground during its eight-season run in terms of LGBT representation on TV.  LGBT grungy heart

The news of a revival comes in the midst of uncertainty about whether sexual orientation is covered by Title VII of the Civil Rights Act of 1964, the federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission (EEOC) has repeatedly taken the position that discrimination on the basis of sexual orientation qualifies as sex discrimination “because it necessarily entails treating an employee less favorable because of the employee’s sex.”  The 11th Circuit, however, recently upheld a district court’s dismissal of a complaint alleging harassment based on sexual orientation under Title VII.

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Sorry, J-Lo and CeeLo: Real world requires carefully crafted employment dress codes

February 14, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

The Grammys aired on Sunday, February 12, 2017. Every year, audiences tune in to the glamorous awards show to watch the presentation of such celebrated accolades as “Song of the Year” and to take in the live performances of their favorite musicians. I, however, plant myself in front of the television for one reason onlyto scrutinize the often outrageous outfits worn by the music industry moguls and Hollywood insiders. Can you believe that it has been almost 20 years since Jennifer Lopez walked the red carpet in the green dress that was slashed all the way down to her pelvis? Such eye-popping outfits and costumes continue to dominate the show.  Casual and formal look

In my opinion, this year’s award for most intriguing Grammy look went to CeeLo Green, who dressed in gold from head to toe and donned some sort of gilded hairpiece that commentators appropriately compared to a piece of Ferrero Rocher candy. A-list celebrities have the freedom to express themselves with bold clothing wherever they go, of course, including to “work events” such as the Grammy Awards. However, for everyday employees, that is not the case.

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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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Be prepared even if taking the wait-and-see approach

November 21, 2016 - by: David Kim 0 COMMENTS
David Kim

My son is addicted to movie trailers. Don’t get me wrong, I love movie trailers myself, but my son takes it to another level. I recently checked the YouTube history on the iPad we permit our kids to use and found that instead of playing games on the multitude of kid-friendly applications we downloaded, my son has been digesting trailers for upcoming movies via YouTube on a fairly regular basis. The funny thing is, it hasn’t been my five year old son, but rather my three year old who has taken to this habit, allowing me to come to four conclusions.  Coming soon in cinema hall

First, my three year old somehow knows how to navigate YouTube even better than I do. Second, now I know why my son keeps beating his chest like a gorilla and then roaring (Thank you trailer for Kong: Skull Island), as well as why he keeps asking me “Where are the beasts?” (Thank you trailer for Fantastic Beasts and Where to Find Them). Three, I guess I need to spend Thanksgiving weekend putting some parental restrictions on the Ipad and/or YouTube before this gets really out of hand. And four, there are a lot of movies coming out soon, which makes sense because it is the holiday season.

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Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it

November 07, 2016 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmarearrogant Cubs fanshas now officially begun. Now, onto things that actually matter.  Turn Back Time!

This past weekend, we rolled the clocks back. And though we got an extra hour of sleep (well, you may haveI have two children under four who didn’t realize it wasn’t time to get up yet), the cold, harsh reality is that the days are much shorter and the nights much longer, at least until March.

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Hurricane season brings unique employer issues

October 10, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here are just a few of the questions employers are asking.  Hurricane Season Sign With Stormy Background

1.  Does the Fair Labor Standards Act (FLSA) require me to pay employees who miss work because of the weather?  It depends on whether the employee is exempt or non-exempt. If the business closes because of the weather, the FLSA requires employers to pay an exempt employee his or her regular salary for any shutdown that lasts less than a week. If the business remains open but an employee cannot get to work because of the weather, an employer can deduct an exempt employee’s salary for a full day’s absence. Employers generally aren’t required to pay nonexempt employees for any days that they don’t perform any actual work. However, this doesn’t apply to nonexempt employees who are paid on a fluctuating workweek basis.

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NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

September 26, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready to defend against a race discrimination lawsuit? Fortunately, there are steps every business can take to protect itself.  Fans Fly NASCAR Flags While Camping Outside Race Track

Policies and Training

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