Solar eclipse guide for employers

August 21, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Today’s solar eclipse is expected to be an exciting, once-in-a-lifetime opportunity with people from all over flocking to the path of totality.  While this will likely mean considerable economic benefits from tourism, it is also expected to be quite costly for employers.  According to an estimate by outplacement company Challenger, Gray & Christmas, this afternoon’s celestial show will cost employers a staggering $694 million due to reduced productivity.  Employers in the path of totality are expected to be hit especially hard.

With the eclipse happening on a regular work day and with schools closing in anticipation of the event, employers can expect an unusually high number of employee absences today.  For those employees showing up as scheduled, Solar eclipseemployers can still expect a dip in productivity while the eclipse is happening.  There is a silver lining, as the eclipse gives employers the opportunity for team-building and morale boosting events in celebration.  Here are a few employers tips for today’s eclipse:

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Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

July 18, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily halted production of its eighth season, and the Occupational Safety and Health Administration (OSHA) opened an investigation.  Safety Always

According to OSHA, more than 4,500 workers are killed on the job every year, and approximately 3 million are injured.  While all accidents cannot be avoided, under the Occupational Safety and Health Act, every employer is responsible for the safety and health of its employees while on the job.

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Tesla’s CEO makes personal pledge for employee safety

Kristin Starnes Gray

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report indicating that the injury rates at Tesla’s Fremont manufacturing facility were higher than the industry aNissan Mechanicverage in 2014 and 2015. For example, the report indicated that the rate of serious injuries at Tesla’s Fremont plant (i.e., those resulting in days away from work, restricted duty, or transfer) was approximately double the industry rate for 2015. The report further questioned Tesla’s claim that injury rates had fallen between 2016 and 2017, with Worksafe arguing that the injury data Tesla had recorded at that time was too preliminary to be considered accurate.

In an effort to improve safety, Tesla has recently made a number of changes, such as: adding a third shift to reduce overtime and improve safety; hiring an ergonomics team to focus exclusively on improving health and safety and reducing ergonomic risks; and adding a safety team to each department. Most recently, Tesla CEO Elon Musk took the additional step of sending this e-mail to employees to demonstrate just how serious he is about employee safety: read more…

Tragedies on and off the silver screen: How to avoid costly workplace injuries

April 10, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror. First, the leading actress’ stuntwoman, Olivia Jackson, sustained life-threatening injuries, including cerebral trauma, a crushed face, a severed neWork Injury Claim Formck artery, a paralyzed arm that had to be amputated, spinal cord damage, and multiple broken bones, all from a motorcycle collision with a camera crane. Then, later in filming, another crew member, Richard Cornelius, was killed when one of the movie’s props, an Army Hummer, crushed him.

In addition to such stunt and crew film personnel, actors themselves often suffer serious workplace injuries while filming movies. For example, while filming “Syriana,” A-list actor George Clooney broke his spine during a stunt scene gone awry. His injury was so serious that he was bedridden for a month with severe migraines, during which time he also suffered from depression.

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Learning from Orlando: addressing potentially violent employees

June 21, 2016 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent to at least one of his co-workers. According to the Los Angeles Times, Daniel Gilroy, who worked with Mateen for about a year as a security guard at PGA Village South in Port St. Lucie, FL, complained multiple times to their employer that Mateen was dangerous, that “he didn’t like blacks, women, lesbians and Jews.” Gilroy claims his employer’s failure to respond to the complaints left him with no choice but to resign. “I quit because everything he said was toxic,” Gilroy to USA Today, “and the company wouldn’t do anything. This guy was unhinged and unstable. He talked of killing people.”  New York City

Last week, in the immediate aftermath of the Orlando shooting incident, Marilyn Moran, partner in the Orlando office of Ford Harrison, offered employers advice on how to help employees in crisis through empathy and counseling, while remaining compliant with state and federal employment laws. The situation also highlights another issue that confronts employers on a daily basis: the potentially violent employee.

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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…

A scar is born

November 11, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

On The Tonight Show Starring Jimmy Fallon the other night, the host and Matthew McConaughey competed to see who could throw the most footballs at the other guy’s face. Not his physical face, of course, but glass plates printed with each guy’s face. Toward the end, McConaughey steps in front of Fallon as he is about to throw, and I immediately start thinking, “What if he hits the actor square in the nose with a football?”shutterstock_183450509

As an employment lawyer, I wasn’t so concerned about McConaughey’s career. Did you see him as modern day Rust Cohle? Dude can pull off ugly just fine. No, my concern was whether he could be compensated for his injuries. Would it be covered by workers’ comp?  Could he sue The Tonight Show or Fallon? Turns out, Hollywood has had to deal with these kinds of safety issues in the past. Here are two cases worth noting.

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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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Learning from tragedy–depression and mental health in the workplace

August 17, 2014 - by: Josh Sudbury 2 COMMENTS
Josh Sudbury

This past week, the entertainment world lost one of its best and brightest to an apparent suicide. Robin Williams, who brought laughter to so many for so long, took his own life at the age of 63. So much has been written about his talent over the past week that it’s difficult to understand or accept how such a thing could have happeneshutterstock_198363611d. But, Robin Williams’ tragic death is a reminder to all of us of the very real and very serious presence of anxiety and depression in our daily lives regardless of whether we ourselves or a close friend or family member suffers from these afflictions.

Just as much as depression can affect our home and family lives, it also has a serious impact at work. In 1995, the National Institute of Mental Health estimated that as many as 1 in 20 employees was suffering from depression. So, count how many employees work for your company and do the math. If you are a company of any size, it’s likely that at least one or more of your employees may be dealing with his or her own depression or that of a family member.

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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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