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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Parks Madness

March 25, 2015 - by: David Kim 1 COMMENTS
David Kim

In February, one of my favorite televisions shows, Parks and Recreation, concluded its magnificent seven-season run. While it had typical struggles in the early going, it soon hit its stride and gave us a cast of interesting characters whom we got to see evolve from their first interaction with the Pawnee, Indiana, Parks Department all the way into their eventual future lives. March Madness Businessman Hand Filling In Bracket From Above

The beginning of March Madness has helped to alleviate some of the void left by the departure of Parks (yes, I’m on a first-name basis with the show). In honor of both of these exceptional television viewing experiences, I decided to do a Parks-inspired March Madness bracket to determine which Parks character would be the most ideal employee for an organization, and conversely as a result, who would make an HR director pull his or hair out with worry about potential liability or lack of productiveness.

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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…

Selection show: seeding literature’s worst HR nightmares

March 23, 2014 - by: Matt Gilley 6 COMMENTS
Matt Gilley

March Madness always brings out our need to sort, rank, and compare. Personnel managers need not be any different and, since I’m nominally in charge of bringing literature to the discussion here and since we trace this blog’s heritage to speculating on Michael Scott’s employment law sins in The Office, let’s begin filling a bracket with the worst HR nightmares in literary history.   Brackets

We should have fertile territory. Literature, after all, is nothing but a retelling of human foibles. HR is nothing if not managing human foibles. I defy any of you to convince me that you don’t draw parallels to your coworkers when you’re making your way through a novel on the evenings and weekends.

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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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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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