ADA and Batman—by Robin

March 27, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

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What’s in a name? Bias in the workplace

March 13, 2017 - by: Katie O'Shea 1 COMMENTS
Katie O'Shea

As Shakespeare wrote, “that which we call a rose by any other name would smell as sweet.” But there is in fact much to a namea name can convey a sense of identity, culture, and family history. Recently, a series of viral tweets illustrated how much something as simple as a name could affect an individual’s employment.  Business woman versus man corporate ladder career concept vector illustration

A man and his female coworker conducted an experiment whereby they switched their e-mail signatures for two weeks. The series of tweets describes the man’s struggle to gain clients’ respect when using his female coworker’s name.

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Our Brand is Crisis … prevention and management

March 06, 2017 - by: David Kim 0 COMMENTS
David Kim

Alleged communications with Russian officials, an Attorney General recusal, and claims of impermissible wiretapping. Guess you could say it’s been an active past few days in the world of U.S. politics. Heck, it’s been a flurry of activity for a while now, and more is certainly to come, starting with the revised executive order regarding immigration that was announced today. Crisis Averted

Interestingly, and perhaps appropriately, I happened to watch a movie called Our Brand is Crisis two days ago while flying home from a business trip. The 2015 movie, which is based on a 2005 documentary of the same name, is a fictionalized account of the involvement of American political campaign strategists during the 2002 Bolivian presidential election. As a form of entertainment, the movie has its flaws but does have a great performance by Sandra Bullock (and though I have heard the documentary is much better, I haven’t personally seen it yet). I won’t get into much in the way of specifics except to say that in the movie, Bullock’s campaign manager and her team decide that their “brand is crisis”namely, that their strategy is to declare and sell crisis (economic, cultural, and social) by whatever means necessary to promote their candidate.

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And the winner, uhhh….

March 01, 2017 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Everyone else is writing about it, so we may as well discuss it, too.  Unless you’ve been living in a cave, by now you are well familiar with the enormous gaffe at the end of the Oscars on Sunday night. For those of you walking out of your cave, here’s a quick rundown:  Warren Beatty and Faye Dunaway had the honor of presenting the award for Best Picture. One entered from stage right, the other entered from stage left.  They made their opening spiel, and introduced the films that had been nominated.  Then, it was time for the big moment.  They opened the envelope, read from the card, looked up to the crowd and the millions across the world watching on television…  Gold Oscar

And all hell broke loose.

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Developing a PIP that will make employees comeback heroes—Tom Brady style

February 07, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

I’m sure you all watched or heard about the Super Bowl on Sunday night: Despite the fact that his team was trailing by 25 points, Patriots quarterback Tom Brady led New England on the greatest comeback in Super Bowl history. Brady’s season began with a four-game suspension for his involvement in the “deflategate” scandal and ended as Super Bowl MVP. It’s a comeback within a comeback. Despite not knowing much about sports, as a New Englander, I would be remiss if I let this opportunity pass without drawing some sort of analogy to HR. Because my law firm is based in Atlanta, I admit, I’m cowering just a little.  Patriots' parade in Boston for winning Super Bowl XLIX

As HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors by providing effective tools to help employees to do so?

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The power of habit and HR policies

January 23, 2017 - by: Katie O'Shea 1 COMMENTS
Katie O'Shea

At the start of a new year, many individuals set goals and resolutions, hoping to change bad habits or form new ones. Exercising, eating healthy, reading more books, learning something new, and spending more time with family or friends are all common resolutions. 

But many of these well-intentioned goals and resolutions fall off days, weeks, or even months after people resolve to stick with them. After about three weeks into the New Year, how are your goals and resolutions coming along?

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Baseball purists

December 13, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

“Puritanism: The haunting fear that someone, somewhere, may be happy.”

-H.L. Mencken

This post may not be the usual finger-wagging scold you may have come to expect from an employment lawyer. I’m confident, though, that this blog’s audience of fellow practitioners and human resource professionals will take a little solace in it. After all, it’s no fun to be a killjoy and we are thrust into that role more often than we’d like.  Young male baseball referee blowing a whistle

Why? Because potential liability under the employment laws too often compels us to manage to the lowest common denominator.

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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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Mila Kunis’ open letter on gender bias at work

November 29, 2016 - by: Katie O'Shea 0 COMMENTS
Katie O'Shea

Many people know actor Mila Kunis for her role in the TV series “That ’70s Show” and her film roles in Forgetting Sarah Marshall and the drama Black Swan. Kunis has recently been in the headlines for her open letter on sexism in Hollywood and the workplace entitled, “You’ll Never Work in This Town Again…” originally posted here.Accusation. Sad woman looking down fingers pointing at her

In the letter, Kunis discusses some of her personal experiences, including being told by a producer that she would never work in Hollywood again after she refused to pose semi-naked on the cover of a men’s magazine to promote a film. Kunis explained that she felt objectified and that the threat that her career would suffer because of her refusal embodied the fear that many women face with gender bias in the workplace. She explained her view about how many women feel–that if they speak up against gender bias, their livelihoods will be threatened. Because of her career success and financial ability, Kunis explained she is fortunate to be in a position where she can stand up against gender bias and bring it to light when she experiences it, but recognized that many women may not be able to do so.

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Office Christmas Party–strategies to avoid the legal fallout

November 10, 2016 - by: Robin Kallor 0 COMMENTS
Robin Kallor

You may be wondering why I selected to write about a movie that is not yet in the theaters.  Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the title—Office Christmas Party.

Yes, we are in Human Resources. What that means is that when others look forward to getting dressed up and celebrating year-end with their colleagues in a laid-back social setting for which the company often spares no expense, we HR professionals get stomachaches in anticipation of the event. When others spend time at the party kicking back and enjoying a couple of cocktails at the five-hour open bar, we spend our time in a corner covering our eyes or doing damage control. While others need the next day off to nurse a nasty hangover, we HR professionals are “up and at ’em”—again doing damage control. We are the stiffs, the Grinches, the Scrooges. Even during the planning stages, the more fun the party sounds, the louder the screeches in our brain become.

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