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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Hope Solo: too little, too late?

August 26, 2016 - by: Kristin Starnes Gray 4 COMMENTS
Kristin Starnes Gray

Hope Solo’s derogatory comments about Sweden’s national women’s soccer team have earned her a six-month ban from U.S. Soccer and the termination of her contract. U.S. Soccer president Sunil Gulati released a statement this week saying, “The comments by Hope Solo after the match against Sweden during the 2016 Olympics were unacceptable and do not meet the standard of conduct we require from our national team players.”  However, many are questioning whether Solo’s punishment for calling Swedish players “cowards” is too little and too late.

Despite her World Cup title, two Olympic gold medals, 202 national team appearances, and 102 clean sheets, Solo has long been a loose cannon with her outrageous behavior overshadowing her performance as a player.  As examples:Women soccer team ticker parade read more…

No bluff: Wright demands equal pay on House of Cards

Kristin Starnes Gray

Actress Robin Wright, who plays the formidable Claire Underwood on House of Cards, is the latest in the entertainment world to speak out on equal pay. According to a recent interview, Wright demanded equal pay after statistics showed that her character was just as popular (if not more so) than that of her male costar, Kevin Spacey. In negotiating a pay raise to make her earnings equal to Spacey’s (who reportedly earns half a million per episode), Wright says she threatened “to go public.” Channeling her inner Claire, Wright came out on top. Playing Card-club Queen, isolated on white background with clipp

Wright has joined a growing number of women in the sports and entertainment world who have spoken out on pay inequality. We recently did a post on the U.S. Women’s Soccer Team’s demands for pay equal to their male counterparts. In addition, Patricia Arquette famously spoke about pay inequality at the Oscars in 2015. Jennifer Lawrence later spoke out about earning considerably less than her male costars in American Hustle because of the gender pay gap in Hollywood. Meryl Street sent letters to each member of Congress, accompanied by a copy of the book Equal Means Equal by Jessica Neuwirth, asking them to revive the long dormant Equal Rights Amendment.

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The Boss, your boss, and LGBT rights

April 12, 2016 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

North Carolina got itself a bit of attention recently when it enacted House Bill 2, which mandates that public restrooms be limited for use based on the individual’s “biological sex.” The effect of this bill was to take away from transgender citizens their ability to choose, based on their individual gender identities, which restroom they will use. There was some fairly prompt backlash. Bruce Springsteen cancelled a Greensboro concert in protest. The NBA is considering relocating its 2017 All-Star Game from Charlotte.  Fist hand with rainbow flag patterned isolate on white

Relevant to the workplace, the Equal Employment Opportunity Commission (EEOC) has been pursuing LGBT cases since long before the Boss or the Association ever heard of HB2. The EEOC’s position is that it “interprets and enforces Title VII of the Civil Rights Act of 1964′s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation. These protections apply regardless of any contrary state or local laws.” While Title VII does not explicitly prohibit discrimination on the basis of sexual orientation or gender identity, the EEOC says that it will pursue adverse employment decisions that are the result of “gender stereotyping.” Consider these actions brought by EEOC: read more…

U.S. Women’s National Soccer Team alleges gender wage discrimination

April 01, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Five star players of the U.S. Women’s National Soccer Team (Carli Lloyd, Alex Morgan, Megan Rapinoe, Becky Sauerbrunn and Hope Solo) made headlines this week by filing a charge of discrimination with the Equal Employment Opportunity Commission alleging gender wage discrimination against the U.S. Soccer Federation.  In their charge, the players allege that they should be paid at least as much as (if not more than) the players for the Men’s National Team.  The players filed the charge amid contentious negotiations over a new collective bargaining agreement, which have already resulted in a separate lawsuit and serious questions about whether the team will be participating in the Summer Olympic Games in Brazil. Soccer Stars

In their charge, the players allege that they are paid as little as 38 percent of what the Men’s National Team Players earn.  More specifically, the charge alleges that top-tier Women’s National Team Players earn $72,000 per year to play a minimum of 20 exhibition games (“Friendlies,” with no additional pay for games beyond the 20unlike the men’s team which is paid for each game played) and that they earn $99,000 if they win all 20 Friendlies.  Meanwhile, the men earn $100,000 if they lose all their Friendlies and can earn up to approximately $260,000 if they win.  As for the World Cup, the women’s team earned a total of $2 million last year for their championship performance in Canada while the men’s team was paid a total $9 million despite their failure to advance past the top 16 in the 2014 World Cup in Brazil.

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Chris Rock’s #OscarsSoWhite monologue: Don’t try this at work

February 29, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

The glitz, glamour, and celebratory nature of last night’s Academy Awards were dimmed by the ongoing controversy about the total lack of racial diversity among Oscar contenders for the last two years. In response, Chris Rock delivered a scathing monologue criticizing the Gold OscarAcademy and its members, the large majority of whom are white and male. As the audience laughed and squirmed in their seats, Rock repeatedly hammered the Hollywood establishment, using humor as a platform to express the collective outrage of the #OscarsSoWhite protest movement.

Of course, exploiting sensitive subjects like race, religion, gender, and age are all in a day’s work for professional comedians like Rock. They enjoy the unfettered privilege of offending the hell out of absolutely everyone so long as it gets a laugh. For the rest of us, however, such divisive humor (even when it is targeted at white males) has no place at work and should be avoided at all costs.

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Exercise Aniston-esque restraint when analyzing offensive employee posts

February 22, 2016 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

by Ed Carlstedt

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records her improprieties and delivers to her the following long-overdue payback speech:

This is what’s gonna happen. I’m going to take a two-week-long, very expensive holiday with my fiancée. Let’s call it a honeymoon. And YOU’RE going to pay for it! Then I’m going to return to a nice, rape-free workplace from now on. Because if you so much as LOOK at my sexy little a**, Julia, I will have yours locked the f*** up you CRAZY B**** WH***! Man, that felt GOOD!

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