Marky Mark and the Convicted Bunch

December 11, 2014 - by: David Kim 0 COMMENTS
David Kim

Just last week, Mark Wahlberg filed a formal petition with the Commonwealth of Massachusetts seeking a pardon for his 1988 criminal convictions for assault and battery by a dangerous weapon and possession of marijuana, amongst others. These crimes occurred well before Wahlberg became the public figure we all know from his work as an actor and film/television producer. Heck, these crimes happened before Wahlberg and his Funky Bunch were giving us all good vibrations and letting us know it’s about that time to bring forth the rhythm and the rhyme.shutterstock_96574432

There has been some blowback from certain individuals about Wahlberg’s petition, particularly and understandably from advocates for the victims of his crimes. From an employment perspective, however, what is interesting are the reasons that Wahlberg is seeking a pardon. In his petition, Wahlberg talks about the “formal recognition” an “official public redemption” would offer. But his petition also states that his criminal history prevents him from obtaining a concessionaire’s license in California and elsewhere, a likely troublesome issue in light of his “Wahlburgers” joint venture with his brothers (“Our family, our story, our burgers” – catchy isn’t it?). In addition, Wahlberg states that his criminal record precludes him from obtaining positions in law enforcement and that a pardon would help him continue his efforts to help at-risk individuals through his current involvement with law enforcement and other charitable ventures. While we like to think otherwise, there are some laws and regulations that even famous people cannot circumvent.

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Ranking the high court

December 01, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

When football season kicked off earlier this year, I took the chance to glean some insights for HR professionals from the difficult job facing the new college football playoff selection committee. Now that we’re coming up on the end of the football season, I’m turning to the committee once more for inspiration.shutterstock_105026918

As I write, the selection committee is chewing over this weekend’s results and will let us know its judgment on the four best teams (so far) in college football. Soon, they will choose the “final four” who will play a two-week tournament to decide the national champion. Right now, Alabama and Oregon are pretty much the consensus #1 and #2. Despite Florida State’s best efforts to play their way out of this thing, they keep finding ways to win and are generally #3 by default. Mississippi State (last week’s #4) took it on the chin from their archrival, Ole Miss, so the committee will apply its eye test and pick a new #4 (and leave an angry #5 and #6). My money is on TCU at #4.

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Workingjay

November 24, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Inspired by The Hunger Games trilogy, some employers may feel the urge to pile the employees onto a bus, head off site, and pit coworker against coworker in some form of physical competition under the guise of “team building.” Savvy employers are always looking for new and better ways to motivate the troops, solidify relationships, and build some esprit de corps. What better way than to take the workforce on a high-action field trip?

But they better be mindful of employment laws, particularly OSHA regulations, state tort law, and state workers’ compensation laws. shutterstock_196000976 In February 2009 OSHA published a letter of interpretation stating that employee injuries suffered at off-site teambuilding events are recordable in OSHA logs. The letter was requested after an employee was injured in a go-kart accident during an office retreat.

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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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The Abominable Boss Man

October 31, 2014 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In honor of Halloween, this post will address some of the many potential workplace issues in the Pixar film, Monsters, Inc.  If you’ve been living under a rock and have managed to not see this film (or its recent sequel), here’s a quick recap. A city called Monstropolis is inhabited by monsters and is powered by the screams of children in the human world. shutterstock_98138216At Monsters, Inc., employees (or “Scarers”) have the job of scaring human children and collecting their screams to power the city. The company, however, is facing a serious dilemma and potential energy crisis, as human children are become harder to frighten. Through a series of amusing misadventures, the top Scarer, Sulley, and his best friend, Mike, end up caring for a little girl they dub “Boo.”

In trying to return Boo safely to the human world, Mike and Sulley discover that one of the Scarers, Randall, plans to kidnap children (particularly Boo) and use a torture machine on company property to extract their screams. Randall tries to use the torture machine on Mike, but Sulley saves the day. Sulley reports Randall and his torture device to the company chairman, who responds by promptly exiling Mike and Sulley to the Himalayas. I won’t spoil the ending for the two or three of you who have not yet seen the movie.

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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.

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Labor Board gets an F for its treatment of A-List

September 29, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Celebrities … they’re just like us. Which is to say that they now have a reason to be ticked off at the National Labor Relations Board too. A recent decision by an NLRB administrative law judge tells Hollywood’s A-listers they get no special treatment under the labor laws.

shutterstock_157705382 (2)The MUSE School, founded by Titanic director James Cameron, is an elementary school in Calabasas, California, a wealthy town north of Los Angeles. Some of the students at MUSE are children of celebrities. Given the school’s notoriety, all MUSE School employees are required to sign an extensive confidentiality agreement as a condition of employment.

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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.

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Beating the Heat

June 09, 2014 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

Last week, basketball royalty and media-superstar LeBron James was forced to make an early exit from Game 1 of the NBA Finals due to severe leg cramps. The King’s cramps were due in large part to the malfunctioning air-conditioning system at the AT&T Center, home of the San Antonio Spurs. Combined with the Texas summer outside, the system failure caused indoor temperatures during the game to soar to as high as 90 degrees. The high temps wreaked havoc on LeBron, resulting in muscle spasms that forced him to the bench late in the fourth quarter. Without James, the Miami Heat (ironically) fared poorly in the sweltering conditions, losing the game 105-90.  TooHot

As we enter the summer, the King’s struggles with the rising temperatures indoors highlights a concern for many employers whose employees work outside or in extreme temperatures on a daily basis. Under the Occupational Safety and Health Act (OSH Act) of 1970, employers are required to provide their employees with a place of employment that “is free from recognizable hazards that are causing or likely to cause death or serious harm to employees.” Courts have interpreted OSHA’s general duty clause to mean that an employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard. This includes heat-related hazards that are likely to cause death or serious bodily harm.

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X-Men playing catch-up on genetics–the real-life wave of the present

May 27, 2014 - by: David Kim 0 COMMENTS
David Kim

Remember when the study of genetic information was deemed to be the purview of those in the medical field or reserved for films and television shows that were classified as “futuristic science fiction”? Not anymore. Today we live in a world where everyone is fully aware that their own genetic code and family history could be easily obtained, analyzed, and dissected, along with the sheer paranoia that comes with that knowledge.

This awareness is the result of extreme technological and medical advances and their dissemination, and accompanying commentary, through articles, blogs, and anything else that resides on the Internet. If that’s not enough, just turn on the TV or go to the movies and you’ll be inundated with characters being persecuted because of their genetic makeup.

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