Avoiding the “own goal” at work: 3 lessons from Women’s World Cup

July 06, 2015 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

On Sunday, the United States Women’s National Team (USWNT) soundly defeated Japan to claim the nation’s third World Cup championship. With this year’s Women’s World Cup breaking TV ratings expectations at every turn, it’s likely you or someone you know was glued to the tube as this spectacular victory unfolded. I know I was. And as I watched “el jogo bonito,” I was reminded of three simple lessons that translate well from the pitch to the office. Soccer World Cup

#1: Deal with the draw

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Dirty Dancing: hot summer hiring considerations

Kristin Starnes Gray

With summer quickly approaching, it’s time to pull out those warm-weather clothes and dust off my copy of Dirty Dancing, one of my favorite summer films. Who can forget the summer of 1963 when Baby performed her triumphant lift, Johnny taught us about standing up for others no matter what it costs us, and we all learned that no one puts Baby in the corner. Like many resorts and other types of employers, the fictional Kellerman’s resort in the Catskills Mountains (actually filmed in North Carolina and Virginia) has a very clear peak season in the warmer months with the hiring of a lot of additional employees, including high school and college students seeking summer employment.  Of course, any time an employer hires minors, there are special considerations and it is important to be familiar with applicable federal and state law. iStock_000057051752_Full

The Fair Labor Standards Act (FLSA) is the federal law governing child labor, but it must be read together with state laws (which may be more stringent and must be observed). These laws were designed to protect the educational opportunities of minors and prohibit their employment in hazardous jobs and under conditions detrimental to their health and well-being. To this end, the FLSA and state laws limit the types of jobs minors may hold as well as the hours they may work.

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Now showing at a workplace near you

January 12, 2015 - by: Andy Tanick 0 COMMENTS
Andy Tanick

The air is bitterly cold, especially here in Minnesota. The kids are back in school, and the Christmas decorations have all been put away. For followers of pop culture, those signs can mean only one thing: Now you finally have time to see all those prestigious, blockbuster movies that came out in late 2014.shutterstock_141495676

Business owners and human resources professionals are especially fortunate this year, because so many of the top movies of 2014 had employment-related themes. What HR manager has never had to deal with the fallout from “Horrible Bosses,” after all? And what business hasn’t worried that at some point, “The Judge” could be deciding the outcome of a legal claim filed by a disgruntled former employee?

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Did I say that?

October 13, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Satya Nadella’s job was tough enough from the start. He followed Microsoft lifer Steve Ballmer and founder Bill Gates into the CEO role at a time when the company is looking to keep its businesses rolling in the face of a changing industry, slower PC sales, and serious pressure on its bread-and-butter Windows and Office products. Overall, the consensus is that he has done well. shutterstock_194661920 (1)

A misplayed comment last week, however, earned him some derision and led to a quick retraction. During the Grace Hopper Celebration of Women in Computing in Phoenix, Nadella suggested that women in the tech industry shouldn’t ask for pay raises and trust that their contributions would be rewarded in the long run. The audience didn’t exactly receive the advice well, and he quickly retracted the comment.

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All you need is employment law

August 04, 2014 - by: Andy Tanick 1 COMMENTS
Andy Tanick

Our blog seems to have focused quite a bit recently on stories from the world of sports, and given the number of professional athletes behaving badly lately, that comes as no surprise. So for this week, we’ll take a break from litigious punters, abusive running backs, and egotistical power forwards to focus on another area of entertainment. Our diversion is well-timed, because I was fortunate enough to attend Paul McCartney’s concert last weekend at Target Field in Minneapolis, where the hapless Minnesota Twins are usually the athletes playing badly, if not behaving badly.  Beatles

What do Paul McCartney and the Beatles have to do with employment law? Well, plenty as it turns out. In fact, with a little creativity, we can conjure up an employment-law subtext to many of the top hits by Sir Paul and his bandmates.

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Lactation intolerance

Kristin Starnes Gray

When Karlesha Thurman got ready for her college graduation ceremony, she probably had no idea that she would be picking up international news coverage along with her accounting degree. Thurman’s three-month-old daughter became hungry during the festivities and Thurman did what countless other mothers have done–she nursed her hungry baby. A friend snapped a photograph of the moment and Thurman later posted it to Facebook in an effort to show that breastfeeding is “natural, it’s normal, there’s nothing wrong with it.” Thereafter, the photograph went viral and added further fuel to the widespread debate on public breastfeeding with supporters pointing out that it’s natural and healthy for babies and critics arguing that it should be kept behind closed doors. shutterstock_161446934

The public breastfeeding debate has even inspired a new form of civil disobedience–the nurse-in. If you’re not familiar with the term, participants band together to nurse in public in a particular location at a particular time to show their solidarity. Some nurse-ins also include participants handing out pamphlets and other educational information about breastfeeding. Despite public health organizations and others trumpeting the health benefits (for both mothers and children) of breastfeeding, public breastfeeding remains a source of controversy and disagreement.

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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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Donald Sterling: SMH

May 06, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

I learned something last week. If you read a youngster’s text messages, you’ll notice shutterstock_104818202a complicated system of abbreviations, symbols, and symaphores that, when translated with your 7-year-old’s assistance, become more-or-less coherent English sentences. Anyway, I learned “SMH” means “shaking my head,” which is exactly what I do these days when I hear the words “Donald Sterling.”

Sterling made himself cannon fodder for anyone in sight, and our own Josh Sudbury ably tackled the issue last week. So why go back to the well? Quite simply, Mr. Sterling is the ol’ gift that keeps on giving.

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Clip[pers] his tongue!

April 28, 2014 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

This past week the biggest story in the NBA was not the excitement of the first round of the playoffs, but the comments L.A. Clippers owner Donald Sterling allegedly made to his girlfriend. In an audiotape released Friday by TMZ, a man (allegedly Sterling) is heard chastising his girlfriend for associating with black people and bringing them to his team’s games.  ThatsRacist Several authors and bloggers have already written about the deplorable worldview espoused by the man in the tape alleged to be Sterling so I won’t rehash the obvious. Indeed, the audio reveals personal views one might expect to be held by resisters of the civil rights movement, but not by that of the owner of an NBA franchise 50 years after the passage of Title VII. But a different lesson about our times can be learned from the incident, which concerns the prevalence of audio and video records in today’s world. In our technology-laden society, every smart phone doubles as a camera, tape recorder, video camera, word processor, etc. You name it, and your phone—and your employees’ phones—can probably do it, including secretly recording conversations between themselves and supervisors. On top of that, it takes almost zero technical savvy for someone to make a recording and post it to YouTube, Twitter, Facebook, or any number of social media sites instantaneously. The majority of states permit the secret recording of conversations so long as at least one party to the conversation consents to the recording. In those states, such an audio recording could wind up as evidence against the company in court or before a government agency. In the Clippers’ case, it’s the owner himself who is alleged to have made the statements. So, it’s obvious that his statements reflect directly on the organization. But would the result be any better if one of your mid-level supervisors was caught on tape making an off-color joke or sexually charged comment about another employee? The answer is simply no. In addition to the potential liability that may arise from such statements in a discrimination or harassment lawsuit, the company almost certainly would lose the verdict in the court of public opinion. All hope is not lost, however. Employers can minimize the potential for such occurrences by committing to provide anti-discrimination and anti-harassment training for their managers on at least an annual basis. You should also remain in contact with your workforce and get to know your managers. Many times, when a manager is caught on tape making these kinds of statements, it isn’t the first time. Being present in the workplace will help you identify potential bad apples as well as remind your employees to be on guard because their words and actions are being noticed. Finally, employers can adopt and enforce policies prohibiting employees from making secret records in the workplace. Such policies help foster open communications in the workplace and protect confidential or trade secret information. Employers, however, would be wise to consult with outside counsel before implementing or enforcing such a policy to ensure it doesn’t encroach on employee rights. In the hopefully unlikely event you have an employee who sympathizes with Mr. Sterling’s alleged views, nothing short of a muzzle may be appropriate.

Men don’t [take] leave

April 14, 2014 - by: David Kim 3 COMMENTS
David Kim

At least that’s what former NFL quarterback Boomer Esiason and radio talk show host Mike Francesa believe. Their critical shutterstock_88182934comments of New York Mets second baseman Daniel Murphy, particularly those made by Esiason, recently created a storm of controversy that extended beyond just the sports world. Murphy missed the first two games of the 2014 regular season to be with his wife for the birth of their first child. In fact, Major League Baseball’s collective bargaining agreement with the Players Union provides that players can take up to three days for paternity leave. This provision was put into the collective bargaining agreement (CBA) back in 2011, a sign that the players lobbied and negotiated for such leave. Despite this, and despite the fact that Murphy played 161 out of 162 games last year, Esiason and Francesa ripped into Murphy. read more…

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