Ode to Letterman: EntertainHR’s own Top 10

June 06, 2015 - by: David Kim 0 COMMENTS
David Kim

David Letterman, a late-night staple for 33 years, aired his final episode on May 20, 2015. Whether you preferred Johnny, Leno, Conan, Kimmel, or Fallon, no one can deny Letterman’s impact on pop culture, and the fact remains that he retires as the longest-serving late-night talk show host in American television history. While there were certainly some missteps along the way (the “Oprah…Uma” Academy Awards debacle undoubtedly qualifies), Letterman’s comedic and late-night chops cannot be denied. CBS Late night show entrance sign

As Letterman’s career winds down, our EntertainHR blog approaches just its one-year anniversary next month (after many years of chronicling the TV show The Office in Ford Harrison’s earlier blog “That’s What She Said”). Therefore, in homage to Letterman, and in the vein of shameless self-promotion, we contributors to EntertainHR have decided to regale our readers with a top 10 list.

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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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A Word for the EEOC from Bob Kazamakis*

May 04, 2015 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Do I look like someone who would waste my own time?

Robert California, The Office

This post takes us back to “That’s What She Said,” Ford Harrison’s earlier and excellent chronicle of The Office. After Michael Scott’s departure for marital bliss with zany HR manager Holly Flax, Dunder Mifflin floundered about in search for a new captain. For one season, that captain was Robert California, played by James Spader. California was a weirdo – a bottomless pit of self confidence, obsessed with sex, enigmatic, and prone to opaque monologues and odd rhetorical questions like the one above. United States Supreme Court

That quote popped to mind last week when I saw that the Supreme Court had decided Mach Mining, LLC v. EEOC. Mach Mining began like most EEOC charges. A female applicant filed a charge with the EEOC claiming that the company, a coal miner (not the kind of business that gets much federal agency love these days, anyway) failed to hire her because she was female. The EEOC investigated and found cause regarding the claimant and a class of similarly situated female applicants. Like other cases involving a cause finding, the EEOC sent Mach a letter to inform the company of the decision and invited it to participate in the EEOC’s informal conciliation process (many of you have likely been through similar situations). So far, so good.

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The return of the quarterback evangelist

April 21, 2015 - by: Andy Tanick 4 COMMENTS
Andy Tanick

With the NBA and the NHL heading into the playoffs and Major League Baseball’s 2015 season underway, one might think that the NFL would have a hard time breaking onto page 1 of the sports section these days. (For younger readers, that was a reference to something we used to call a “newspaper.”) Not so! Football fans in Philadelphia and the rest of the country were either thrilled or chagrined – because with this guy, there is no middle ground – to hear the news this week that the Eagles had signed quarterback Tim Tebow to a one-year contract. iStock_000004238126_Large

Tebow became a national hero in 2007 as the first college sophomore to win the Heisman Trophy, and he followed that feat by leading his Florida Gators to the BCS National Championship in 2008. His college success briefly translated to a modicum of NFL success with the Denver Broncos, but his style of play (and some would say, lack of skill) soon proved incompatible with the pros and he was released by the New England Patriots in 2013.

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Fire Harry Crane

April 16, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Mad Men can be tough to watch for an employment lawyer. I was thinking of this while watching the show’s most recent episode, “New Business.” In a particularly cringe-worthy scene, Harry Crane propositions Megan under the pretense that he can help get her acting career back on track. Harry is a buffoon and a jackass, and I wondered if he was exposing the firm to potential liability. iStock_000051863008_XXXLarge

There is precedent for the theory that an employee who harasses a third party can expose his employer to vicarious liability. Twenty-five years ago, a New York trial court  famously found that a model was sexually harassed by Penthouse Enterprises, which, among other things, required her to engage in sexual activities for the benefit of the company’s business. In that case the model was quasi-employed by Penthouse, but the court pointed out that the conduct constituted intentional infliction of emotional distress as well as sexual harassment.

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Business lessons from WrestleMania 31

March 30, 2015 - by: Josh Sudbury 3 COMMENTS
Josh Sudbury

The biggest sports entertainment event of the year is in the books. Did you miss it? Nope, I’m not talking about the NCAA Tournament or even the Cricket World Cup—by the way, you can rest easy since Australia beat New Zealand by 7 wickets to capture its 5th Championship—I’m talking about WrestleMania 31. Yes, the penultimate event for the more-than-semi-scripted man drama took place on Sunday before a live audience of 76,976 at Levi’s Stadium in Santa Clara, CA, and countless millions watching at home on pay-per-view. wrestlemania

WrestleMania didn’t just deliver at the box office. The event featured show-stopping action from big name headliners, both past and present. For those of you who missed all that glorious “wrastlin,’” I’ll give you the 30-second recap: The Big Show defeat 20-plus wrestlers to take home the trophy in the 2nd Annual Andre the Giant Memorial Battle Royal; Triple H (who entered the ring dressed as the Terminator) defeated Sting after both “D-Generation X” and “nWo”—including The Real American himself, Hulk Hogan—intervened on behalf of both fighters; John Cena defeated Russian fighter “Rusev” (who entered the venue on nothing less than an actual TANK!) to win something called the “United States Championship belt”; Daniel Bryan climbed a ladder and out-head-butted Dolph Ziggler to grab the “Intercontinental” Championship belt; The Undertaker laid to rest Bray Wyatt with a move known as the “Tombstone Piledriver”; and, most importantly, Seth Rollins curb-stomped his way to the WWE World Heavyweight title, defeating Brock Lesnar and Roman Reigns. Oh yeah, and Dewayne “The Rock” Johnson called on Women’s UFC Champion Rhonda Rousey to clean up a little trash in the ring. Whew! I’m tired just describing it.

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It’s never easy, but Oprah delivers layoff news in person

March 09, 2015 - by: Marilyn Moran 7 COMMENTS
Marilyn Moran

Last week, entertainment powerhouse and former talk-show host Oprah Winfrey announced that Harpo Studios in Chicago will be closing its doors by the end of the year, resulting in the loss of nearly 200 jobs. In typical Oprah fashion, she delivered the bad news to her employees in person, probably ambling around the room, microphone-in-hand, and breaking into her famous “ugly cry” for good measure. Handling employee layoffs are never easy, even if you’re Oprah, but here are three steps to follow if your business ever needs to downsize:

Harpo Studios, Chicago

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Live long and diversify your workforce

March 02, 2015 - by: Andy Tanick 1 COMMENTS
Andy Tanick

The death of Leonard Nimoy this week brought back many memories of the actor’s classic portrayal of Mr. Spock in the original “Star Trek” television series and subsequent movies, as well as his talents as a photographer, writer, and lecturer.Man giving Vulcan salute

Spock, as personified by Nimoy, embodied many qualities that employers value in their workforce, such as intelligence, logic, and loyalty. But as I was lying awake at night desperately trying to think of some justification for paying tribute to Nimoy–who was, by all accounts, truly a kind, thoughtful, and intellectual man–in a blog about employment law, something else struck me: how “Star Trek” depicted the ultimate diverse workplace, decades before anyone was even talking about such things.

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“I’m Ron ******* Swanson”

February 09, 2015 - by: Matt Gilley 2 COMMENTS
Matt Gilley

Ron Swanson is the man. If you’re not a Parks & Recreation devotee, I can’t recommend enough that you tune in if for no other reason than to enjoy his morsels of wit and wisdom. For the uninitiated, Ron Swanson is fictional Pawnee, Indiana’s, director of Parks & Recreation. He’s a crusty, deadpan, hard-core libertarian who objects to the very existence of his own employer. Thanks to the show’s mockumentary format, Ron treats viewers to a steady diet of quips and advice that are absolutely hilarious.  Ron Swanson!

I have several favorites, and I’ve picked a few that touch on HR issues. Feel free to add others in the comments: read more…

Elf: one too many Christmas spirits

December 19, 2014 - by: Kristin Starnes Gray 1 COMMENTS
Kristin Starnes Gray

With Christmas just around the corner, my family and I have begun our yearly ritual of re-watching our favorite holiday films. At the top of the list is a relatively newer addition, Elf.  The comedy stars Will Ferrell as Buddy, a human who crawls into Santa’s sack and ends up being raised by Papa Elf at the North Pole. After learning that he is actually human rather than an elf, Buddy decides to travel to New York to find his biological father, who works at a children’s book company and happens to be on the Naughty List. Much of the film’s comedy and charm comes from Buddy’s child-like innocence and genuine holiday cheer as he tries to navigate the cynical world of New York City. shutterstock_236981068At his father’s office, this same innocence leads Buddy to mistake a mail room worker’s whiskey for delicious maple syrup. As you can imagine, a six-foot tall elf can cause quite a ruckus in the workplace after having too many spirits.

Employers are well aware that illicit drug use and alcohol abuse can be costly in the workplace. Drug-free workplace programs can be powerful tools in spreading prevention messages and intervening early with those who have already begun to use drugs. For many individuals, especially those who may deny that their use of drugs is problematic, workplace-based programs can be a critical step along the road to treatment and recovery. Every workplace is different, and drug-free workplace programs should be tailored to match a company’s individual needs. Here are some general recommendations for such programs: read more…

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