In honor of Labor Day, some time sheet tips to beat FLSA off-the-clock claims

September 05, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Ah, Labor Day. Family barbecues, a trip to the beach, your last chance to wear white, time spent napping and binging on Netflix, or just a simple day of relaxation. However you spent the long weekend, I hope you enjoyed some rest from your labors. As an employment lawyer and a mother, the word “labor” has two rather negative connotations for meas in “labor pains” and, even worse, the “Fair Labor Standards Act.” I will spare you the details of the former and focus instead on the latter in today’s post.  Overtime (2) read more…

HR issues that arise when natural disasters hit

August 29, 2017 - by: Robin Kallor 2 COMMENTS
Robin Kallor

Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not able to travel to work or need to attend to emergent matters during or in the aftermath of these types of events. Some of the more commonly asked questions are addressed below. Notepad with disaster plan on a wooden table.

1. If there is a forced closure of the workplace, must an employer pay its employees their wages during this shutdown period?

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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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If you can’t stand the heat, get out of the kitchen—best practices from Top Chef

August 14, 2017 - by: Rachel E. Kelly 0 COMMENTS
Rachel E. Kelly

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality Padma Lakshmi back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts. This “episode” is now at the center of a lawsuit brought by the federal government against four Boston-area Teamsters accused of threatening Top Chef production into providing them with positions already held by nonunion employees.  On Strike Sign

The incident occurred in June 2014, when Lakshmi arrived at the restaurant for the filming of a Top Chef episode. Her van was met with a group of Teamsters, one of whom allegedly approached Lakshmi’s vehicle, reached in the passenger side window where she was sitting, and said, “Lookee here, what a pretty face.” Naturally, Lakshmi understood this to be a threat—or at least this is the theory of the attorneys prosecuting the case.

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Leaks and whistleblowers and liability, oh my!

August 07, 2017 - by: David Kim 0 COMMENTS
David Kim

Leaks are everywhere. They happen in politics, in sports, in the entertainment industry, in people’s everyday lives, and (unfortunately for many of us, myself included) in the roofs and pipes in our homes.

  • How do we know that Kyrie Irving wants a trade from the Cleveland Cavaliers? Someone leaked it to a reporter.
  • We know the official reason the new Han Solo Star Wars movie changed directors after months of shooting was because of “creative differences.” But how do we know what those specific differences were and how much animosity actually existed between the producers and the now-dispatched directors? Because someone leaked the e-mail exchanges.
  • Did you know that the most recent Game of Thrones was available for viewing before this past Sunday’s official airing? Heard someone leaked it online.
  • Did you hear that Bob really likes Kate, that their first date is next week and Bob is taking Kate to the place that Kate told Betty (who told Bob) she always wanted to try? John (who works with Bob, but also has mutual friends with Betty) leaked it to me.Trading secrets

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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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New media rating seeks to bring common sense to gender stereotyping

July 10, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

When my son was five and constantly arguing and negotiating for extra dessert or whatever it was that he wanted at any given time, people would often say, “You should be a lawyer!” His response was always: “I don’t want to be a lawyer because that’s a girl’s job.” While slightly humorous because lawyers are not stereotypically female, I would always respond that there was no such thing as girls’ jobs or boys’ jobs. Because I was a lawyer, he saw the world through that prism. Despite what kids see in real life–that the world is filled with men and women who do not conform to stereotypes in their careers and in division of labor at home–according to studies by Common Sense Media, movies and television have not kept up with the times; and undoubtedly, media play a huge role in how we all view the world–not just how kids do.  Gender Equality

Common Sense Media is a nonprofit organization that runs a website providing parents and teachers with advice on media and technology for kids. It publishes independent ratings and reviews for nearly everything kids want to watch, read, play, and learn. Common Sense Media is based on the premise that images kids see early in life can have a significant long-term effect on their perception of the world. While much attention has historically been focused on the impact of violent movies, video games, and other media, one of the less discussed areas is on-screen depiction of gender.

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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…

Wonder Woman and the fight against unconscious bias

June 13, 2017 - by: David Kim 0 COMMENTS
David Kim

Not only has the recently released Wonder Woman movie garnered mainly favorable reviews, but it has been highly successful at the box office, having made more than $200 million domestically in its first two weeks of release alone. From a purely movie industry insider perspective, the success of Wonder Woman is incredibly important to Warner Brothers and the DC Comics line of movies. After subpar reviews for Man of Steel and Batman v. Superman, Wonder Woman is key to helping the aforementioned keep pace with the juggernaut that is the Marvel Cinematic Universe, which seemingly churns out title after title on an almost quarterly basis.  Wonder Woman Action Figure

More important, Wonder Woman demonstrates that a female-driven superhero movie can be not only be good but also financially successful and appeal to a mass audience both domestically and globally. In addition, the fact that the movie’s director, Patty Jenkins, is also female helps further advance the notion that female directors are just as equipped to handle big-budget, superhero-type movies. The hope of course is that this will lead to more female centric movies as well as female director roles in a genre that typically has been dominated by male figures.

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White House gone wild!

June 07, 2017 - by: Matt Gilley 1 COMMENTS
Matt Gilley

These days, just about anyone with an Internet connection and some time on their hands enjoys a wonder of the modern age: binge-watching. One of the first, and still one of my favorites, is Netflix’s House of Cards. No matter how over-the-top the plot twists become, no matter how difficult it is to follow the multilayered schemes and shifting alliances, I can’t quit the drama surrounding the Underwoods and their White House. (It also helps that I get an added bonus of local color, since Frank Underwood hails from Gaffney, South Carolina, next door to where I sit in Spartanburg. One early episode even featured the Gaffney Peachoid – look it up.) businessman and house of cards cartoon

Frank Underwood’s approach to personnel is … well, unsentimental and often brutal. We all know the rule of at-will employment: Both the employee and the employer may end their relationship at any time, with or without notice or reason. Congressman, Vice President, President, and [spoiler alert!] now Mr. Underwood seems bent on adding a little twist to the familiar rule: An employer may terminate an employee’s employment at any time by killing said employee, without notice and often without much reason. The recently released season five is no exception.

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