Be prepared even if taking the wait-and-see approach

November 21, 2016 - by: David Kim 0 COMMENTS
David Kim

My son is addicted to movie trailers. Don’t get me wrong, I love movie trailers myself, but my son takes it to another level. I recently checked the YouTube history on the iPad we permit our kids to use and found that instead of playing games on the multitude of kid-friendly applications we downloaded, my son has been digesting trailers for upcoming movies via YouTube on a fairly regular basis. The funny thing is, it hasn’t been my five year old son, but rather my three year old who has taken to this habit, allowing me to come to four conclusions.  Coming soon in cinema hall

First, my three year old somehow knows how to navigate YouTube even better than I do. Second, now I know why my son keeps beating his chest like a gorilla and then roaring (Thank you trailer for Kong: Skull Island), as well as why he keeps asking me “Where are the beasts?” (Thank you trailer for Fantastic Beasts and Where to Find Them). Three, I guess I need to spend Thanksgiving weekend putting some parental restrictions on the Ipad and/or YouTube before this gets really out of hand. And four, there are a lot of movies coming out soon, which makes sense because it is the holiday season.

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Exercise Aniston-esque restraint when analyzing offensive employee posts

February 22, 2016 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

by Ed Carlstedt

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records her improprieties and delivers to her the following long-overdue payback speech:

This is what’s gonna happen. I’m going to take a two-week-long, very expensive holiday with my fiancée. Let’s call it a honeymoon. And YOU’RE going to pay for it! Then I’m going to return to a nice, rape-free workplace from now on. Because if you so much as LOOK at my sexy little a**, Julia, I will have yours locked the f*** up you CRAZY B**** WH***! Man, that felt GOOD!

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Don’t matter if you’re black or white

February 16, 2016 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Somewhere between outrage, bewilderment, and comedy falls the news that a U.K. production company has cast very very very white actor Joseph Fiennes as Michael Jackson in Elizabeth, Michael and Marlon, a short film about a rumored post-9/11 road trip involving Liz Taylor, Michael Jackson, and Marlon Brando.  hip hop funk dancer dancing man

There has been much criticism of this particular casting decision, especially against the backdrop of the #OscarsSoWhite campaign. But what about any black actors who believe the casting of a white actor is discriminatory? Turns out they probably don’t have a case.

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The Intern: delightful movie—risky employment practice

January 12, 2016 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Well, the Golden Globes were Sunday night and all of Hollywood tuned it to celebrate the best of film and television. One movie that was noticeably absent from the nominations (at least in my opinion) was The Intern, a heartwarming film starring Robert DeNiro and Anne Hathaway, that tells the story of a lovable retiree who interns at an e-commerce fashion company when its CEO agrees to participate in a community outreach program that places senior citizens in internships. Although the movie highlights the benefit of internships (both for the intern and the company), in recent years the U.S. Department of Labor (DOL) has taken a dim view of companies that use unpaid interns to augment their workforce.  Internship

Approximately half a million Americans hold unpaid internships every year, with about 40 percent of those working in the private sector for for-profit companies. Under the Fair Labor Standards Act (FLSA), the DOL (and courts) consider six criteria for determining whether an internship can be unpaid: read more…

Per Liar Liar, performing background checks on minors can be major issue

November 02, 2015 - by: Ed Carlstedt 0 COMMENTS
Ed Carlstedt

Because I’m a lawyer and because my friends know I love movies, people frequently ask me to identify my favorite lawyer-related movies. My personal favorites are My Cousin Vinny, A Few Good Men, and Liar Liar. To the extent you agree or have lawyer-related movies you like as well, feel free to weigh in. As luck would have it, this week’s employer blog lesson comes from the well-timed juxtaposition of a client inquiry and what has to be my hundredth viewing of Jim Carrey’s Liar LiarSign on the Line

Specifically, a client in the hospitality industry recently asked whether it had to obtain parental or legal guardian consent to conduct background checks and drug screens on its minor employees. Particularly in the summer months, many restaurants and hotels hire minors. Unfortunately, many employers mistakenly use the same hiring materials regardless whether the employee is a minor or has reached the age of majority. Thus, the employers ask their minor employees to sign the required consent forms. But do these minor employees have the legal capacity to execute these forms?

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#damonsplaining — Matt Damon can do it, but you can’t

October 05, 2015 - by: David Kim 0 COMMENTS
David Kim

Actor Matt Damon sure has had an up and down past few weeks. First, Damon made some questionable comments on HBO’s Project Greenlight, a documentary developed by DSorryamon himself (along with some famous friends including buddy Ben Affleck) focusing on first-time filmmakers being given the chance to direct a feature film. When African-American producer Effie Brown asked the judges to use caution in selecting a directing team for a film project under consideration, pointing out that the only black person on screen was a “hooker who gets hit by her white pimp,” Damon stated that in “talking about diversity” it should be done in the casting of the film, not the casting of the show [i.e., film-making team].” Damon later stated that this was a film-making competition and the job should be attained “entirely upon merit” and not other factors.

Later, in an interview with Observer Magazine to promote his new film The Martian, Damon stated his belief that one is a better actor the less people know about you, and that “sexuality is a huge part of that.” Damon further noted “it’s tough to make the argument that” Rupert Everett, an openly gay actor, “didn’t take a hit for being out” despite being a handsome and classically trained actor.

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The Devil Wears Prada: Meryl Streep and the Queen Bee myth

Kristin Starnes Gray

You’ve seen her splashed across the big screen, small screen, computer screen, and even your tablet screen, but have you ever actually met the fabled Executive Queen Bee? We’re talking about the stereotypical top female executive who stomps on other women on her way to the top, reveling in her success while ignoring or sabotaging the advancement of other women. According to a recent study by researchers at Columbia Business School and the University of Maryland’s business school, this Executive Queen Bee is a myth.  Queen Bee

A recent Washington Post article spotlighted this intriguing study noting, “One of the most enduring stereotypes in the American workplace is that of the ‘queen bee’: the executive female who, at best, doesn’t help the women below her get ahead and, at worst, actively hinders them.” Meryl Streep (an outspoken activist for wage equality and women’s rights) famously and stylishly portrayed a fictional Queen Bee in The Devil Wears Prada, which is based on a best-selling novel of the same name. In the film and novel, Streep’s character (Miranda Priestly) alternates between coldly ignoring and hotly abusing her female minions. For example, she demands that one of her female assistants acquire the new, unpublished Harry Potter novel with the underlying threat of immediate termination for failure to complete this seemingly impossible task. Such characters clearly make for excellent box office and book sales, but are these Executive Queen Bees a reality of the modern workplace?

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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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Pay the lady

February 24, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Patricia Arquette won the Oscar for Best Supporting Actress at this year’s Academy Awards, and people are still buzzing about her acceptance speech where she exclaimed: “It’s our time to have wageshutterstock_225011584 equality once and for all, and equal rights for women in the United States of America!”

Arquette will be pleased to know that the Equal Employment Opportunity Commission (EEOC) vigorously administers the Equal Pay Act, which guarantees equal pay for equal work. In fact, an EPA complainant doesn’t even have to file a charge with the EEOC and, unlike with Title VII or the Americans with Disabilities Act, can proceed straight to court with a lawsuit.

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‘We fixed the glitch….’

January 26, 2015 - by: Matt Gilley 1 COMMENTS
Matt Gilley

I’m confident in this prediction: If you’ve ever held an office job, you will love Office Space. (If you haven’t seen it, get it now.) Anyone can find something in the movie that resonates. Maybe you connect with the guy who can’t bring himself to do more than 15 minutes of real work a week. Maybe you’re the one locked in a daily standoff with the fax machine. Maybe you’re like everyone in the movie under the thumb of a monotonous, soul-crushing boss.    Excuse me, I believe you have my stapler

I’m a Milton Waddams guy. Now that’s not to say I’m a mumbly guy with no apparent skills or role and a creepy fascination with my stapler (others will be the judge of that), but I can’t get enough of the guy. Milt was useless. When you watch the movie, you can’t figure out why the company hired him in the first place or why it keeps him on the payroll. In fact, some consultants in the movie looked into Milt and discovered that he actually had been laid off years before. No one ever told Milt he’d been downsized, and a “glitch” in the payroll system kept cutting him a paycheck. Therefore, Milt continued to wander aimlessly and mumble, and the company continued to shuffle him around the office with the furniture.

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