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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Halloween tips to avoid a total nightmare

October 27, 2014 - by: Josh Sudbury 2 COMMENTS
Josh Sudbury

It’s that time of year again. Time for Halloween and all the candy, cheesy ghost stories, and inappropriate costumes that come with it. While Halloween can be fun and exciting, the fallout for employers can be all fright.

Office Parties. While workplace costume parties can lighten the mood in the office, employers should be proactive in dealing with the potential issues that can arise.

shutterstock_157867430First and foremost, employers should communicate simple and clear rules or guidelines to their employees in advance of any party. Employees should be reminded that professionalism is still expected of them at work, both in their conduct and their costumes. This is especially important if your employees will interact with customers during the workday, as an offensive or inappropriate costume could cause more than just internal employee relations issues. Employers should give their employees examples of what is potentially inappropriate, so that there is no guesswork involved for the employee.

Inappropriate costumes can include those costumes that reveal too much skin or, depending the type of workplace you operate, those that have the potential to compromise safety. This category can also include costumes that touch on hot-button political or social topics, such as an employee lampooning a high-profile political figure or dressing as a nun or priest. While some employees may be unaffected by these costumes, employers must be sensitive to how all their employees may deal with the notions raised by such costumes. read more…

Ready for kickoff

September 03, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

I live in the South. This time of year, that means college football; that also means otherwise healthy friendships will erupt with enough recrimination, envy, taunts, and ill will to put the Corleones and Tattaglias to shame. Everyone crows that this is their year , we’re going to come out on top, and what-do-you-mean-that-overtime-loss-last-month-means-we-can’t-play-for-the-championship? shutterstock_165900731(Except folks like me, a Wake Forest alum, who find comfort in high-minded humility, of course.)

College football has never really found a satisfying way to crown its champion. It used to be that sportswriters picked it; then the coaches started their own poll and jumped in the mix. They tried a championship game, and then the number crunchers came out with the BCS, a computerized system that seemed to factor in everything (unless it was important, and then it was left out).  Then Colorado walloped Nebraska–and Nebraska advanced to the championship game. .

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What HR pros can learn from Casey Kasem

June 23, 2014 - by: Andy Tanick 1 COMMENTS
Andy Tanick

If you were a teenager in ’70s or ’80s who loved pop music, you undoubtedly recall huddling next to your AM transistor radio, maybe with your cassette recorder on standby so you could hit “record” at the just the right time, listening to “American Top 40” with its mellifluous host Casey Kasem. Each week, Casey would count down and play the current top 40 songs, as determined by Billboard magazine, over the course of his three-hour syndicated radio broadcast. In addition to the songs, Casey would sprinkle in trivia about the recording artists, dig back into the “AT40 Archives” for a few “golden oldies,” and bring a tear to our eyes with the “long-distance dedication” of a special song from a star-crossed lover to his or her far-away soul mate.
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Those of us who grew up with Casey were saddened this week upon the news that he had passed away at age 82. Although many of the recent headlines followed his family’s unseemly bickering over his care in his final days, most observers were able to ignore that side-show and remember the legacy of the man who not only popularized the idea of the “top [fill in the number]” countdown list, but also provided the voice of Shaggy in 40 years’ worth of Scooby-Doo cartoons.

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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.

If Bill Cosby is wearing a garish sweater, this must be 1980s TV!

March 27, 2014 - by: Andy Tanick 0 COMMENTS
Andy Tanick

A few weeks ago, I saw a news story about how the last of the baby boomers are turning 50 in 2014. “Wow, that’s old,” I thought, until I realized that I’m 53. Then, as if I needed any further reminders of my elder statesmanship, one of the legal assistants in our office, a 20-something, accused me of “making up” the fact that there used to be a popular singer named Bing. Sigh. (And for the record, he was popular way before my time.)  CosbySweater

That’s it, I decided. Time for a blog post about popular culture from an era that none of those rascally whippersnappers will even remember: the 1980s.  That’ll teach ‘em not to be so darn … er, young. So charge up your brick-sized cellular phone, press “play” and “record” simultaneously on your 150-pound manually-operated VCR, and run your comb through that mullet: We’re going to take a spin through “Employment Law in1980s TV-Land.”

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If you don’t have anything nice to say…

March 10, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Lately, have you felt feverish, light-headed, even giddy? Well then you must have Oscar fever. The stars! The gowns! The teeth! My god, those blinding white teeth! For you, March 2, 2014, was a night of luxury, glamour, and take-out noodles because NO WAY you were cooking for the family and risk missing J-Law stumble over something walking down the red carpet. Adorbs!

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“You’ve got mail! And it just might be a warrant for your arrest”

February 13, 2014 - by: Andy Tanick 0 COMMENTS
Andy Tanick

You don’t have to try very hard these days to find employment law references in pop culture. Movies and TV shows examine issues of employment discrimination, politicians seem unable to resist the urge to text photos of their private parts to their disgusted subordinates, and professional athletes provide ample fodder for lawyers in desperate search of HR blog topics. But when’s the last time a major news story emerged about the Health Insurance Portability and Accountability Act, or HIPAA? Now it is true that HIPAA made the news when it was initially signed into law by President Clinton, because (to greatly oversimplify) it served the laudable goal of guaranteeing continued health insurance coverage for employees who change jobs, without regard to preexisting conditions. But since those initial kudos, publicity about HIPAA has been about as hard to find as a day of calm weather in the American winter of 2013-14. AOL

That all changed last week, when the CEO of AOL, Tim Armstrong, publicly blamed unpopular changes to the company’s 401(k) policy on costs AOL had incurred because of two employees’ “distressed babies.” Specifically, Armstrong stated that AOL had to enact the new policy because, in part, “We had two AOL-ers that had distressed babies that were born, that we paid a million dollars each to make sure those babies were OK  in general. And those are the things that add up into our benefits cost.”  Suddenly, every pundit and commentator in the country became a HIPAA expert.

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Robertson a sitting duck after controversial quotes released

December 19, 2013 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

Duck Dynasty patriarch Phil Robertson and his family are most likely not enjoying a Happy Happy Happy Holiday after his recent GQ interview hit newsstands. In the interview, Robertson is quoted as saying:

“It seems like, to me, a vagina—as a man—would be more desirable than a man’s anus. That’s just me. I’m just thinking: There’s more there! She’s got more to offer. I mean, come on, dudes! You know what I’m saying? But hey, sin: It’s not logical, my man. It’s just not logical.”

When asked what he considered sinful, Robertson elaborated:

“Start with homosexual behavior and just morph out from there. Bestiality, sleeping around with this woman and that woman and that woman and those men . . . .”

[For greater context and to get Robertson's full quotes on the subject, I encourage you to read the entire GQ article, which you can find here.]

In response, A&E Networks put the eldest Robertson on “indefinite hiatus” from filming, issuing a statement saying the network is “extremely disappointed” to read Robertson’s comments, which A&E notes “are based on his own personal beliefs and not reflected in the series Duck Dynasty.”

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Equal opportunity offender

September 20, 2013 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

No discussion of the film Horrible Bosses is complete without covering Kevin Spacey’s character, David Harken. Although he is arguably the most intimidating and even frightening of the three horrible bosses (two of which I covered in earlier posts, #1 and #2), his workplace conduct gives rise to the lowest litigation value from an employment law perspective. Unfortunately for Harken, his jealousy combined with his unhealthy marriage ultimately lead him to a life of violent crime outside the office and his final downfall. For the purposes of this blog entry, we will focus on Harken’s workplace conduct and leave his more colorful personal life for your enjoyment at home with a tub of popcorn.

In the film, Nick Hendricks (played by Jason Bateman) has good reason to detest Harken. After dangling a possible promotion in front of Hendricks and watching Hendricks work tirelessly to meet Harken’s extremely high (and often inconsistent) expectations , Harken proceeds to award the promotion to . . . himself.  He then commences construction on an even larger office for himself.  Hendricks is understandably upset about this strange turn of events. Sadly for Hendricks, “unfair” and even “bizarre” do not equate to “unlawful.” In addition, case law has clearly established that federal employment laws aren’t general civility codes for the American workplace.

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