A Christmas Story: Tales of Woe and Joy from the Holiday Party
|
01/02/2020
|
By: Teresa Shulda
|
Now
that
the
holidays
are
over,
we
can
look
back
on
a
year
of
accomplishments
and
success.
Or,
for
some,
we
can
start
the
new
year
with
HR headaches
resulting
from
the
annual
holiday
party.
The
Naughty
List
Holiday
parties
are
ripe
for
mischief
and
mistakes.
The
following
are
true
stories
of
office
parties
that
went
horribly
awry.
- A
California
bank
branch
held
an
annual
holiday
party
at
a
local
restaurant.
There
were
only
about
15
people
in
attendance,
but
they
included
a
female
bank
teller,
the
teller’s
female
boss,
and
the
boss’
boyfriend
(a
manager
at
a
different
bank
branch).
The
entire
affair,
including
the
alcohol,
was
funded
by
the
bank’s
budget.
The
office
party
officially
ended,
but
the
party-goers
continued
their
revelries.
But
once
the
bank’s
party
ended,
the
bank
employees
had
to
fund
their
own
cocktails.
The
party
continued
into
the
restaurant
bar
area,
then
moved
to
another
bar
as
the
night
progressed,
and
finally
ended
up
at
the
boss’s
house.
You
can
probably
see
where
this
is
going.
The
teller
ultimately
accused
her
boss
and
the
boss’s
boyfriend
of
sexual
harassment,
and
brought
suit
against
the
bank,
alleging
that
the
bank
should
have
foreseen
the
harassment,
particularly
in
light
of
the
alcoholic
drinks
that
were
provided
at
the
holiday
party.
The
trial
court
ultimately
found
the
bank
wasn’t
liable,
largely
because
the
office
party
ended,
and
the
drinking
that
continued
wasn’t
on
Continue Reading...
|
|
Teresa Shulda: Wonder Woman in Business
|
08/22/2019
|
By:
|
In
case
you
missed
it,
our
very
own
Teresa
Shulda
was
recently
recognized
by
the
Wichita
Business
Journal
as
a
2019
Women
in
Business
honoree.
Teresa
and
26
other
commendable
Wichita
women
were
awarded
for
creating
successful
careers
and
working
to
improve
their
companies
and
their
community.
Not
only
is
Teresa
an
active
member
of
our
employment
and
labor
team,
where
she
serves
as
Vice-Chair,
she
also
supports
many
firm
initiatives
as
a
part
of
the
firm’s
Associates,
Recruiting,
Strategic
Planning,
and
Diversity
and
Inclusion
Committees.
Outside
of
the
office,
she’s
a
wife,
mother,
and
board
member
for
the
Boys
and
Girls
Club
of
South
Central
Kansas.
Wonder
Woman
or
Teresa
Shulda,
you
say?
It’s
difficult
for
us
to
tell
the
difference.
If
you
have
attended
our
annual
Employment
Law
Institute,
HR
Trainings,
or
other
sessions,
you
may
recognize
Teresa
as
our
employment
discrimination,
FMLA,
and
ADA
guru.
We
are
proud
to
recognize
our
lawyer
and
friend
for
her
well-deserved
achievement.
You
can
view
Teresa’s
honoree
questionnaire
and
get
to
know
more
about
her
here.
|
|
Kansas Employment Law Institute - May 2, 2019
|
03/07/2019
|
By: Boyd Byers
|
Reserve
your
spot
now!
This
comprehensive,
full-day
seminar
covers
the
latest
employment
law
developments
you
need
to
know
about
to
keep
your
organization
compliant,
as
well
as
human
resources
best
practices
and
strategies
to
make
it
an
employer
of
choice.
Sessions
will
be
presented
by
Foulston’s
experienced
employment
lawyers
and
a
nationally
known
keynote
speaker.
Select
from
a
variety
of
breakout
sessions
to
customize
your
own
schedule.
Featured
Keynote
Presentation:
Green
Goldfish
–
Beyond
Dollars
to
Drive
Engagement
and
Reinforce
Culture
presented
by
Stan
Phelps
Happy
engaged
employees
create
happy
enthused
customers.
In
this
keynote,
Stan
Phelps
will
share
the
types
of
green
goldfish
–
little
extras
for
employees.
Attendees
will
walk
away
with
the
knowledge
of
the
key
drivers
of
employee
engagement.
Stan
Phelps
is
a
Forbes
contributor,
TEDx
speaker,
and
IBM
Futurist
focusing
on
how
customer
experience
and
employee
engagement
can
drive
differentiation,
increase
loyalty,
and
create
word
of
mouth
in
business.
For
more
information
call
316.291.9723.
Be
sure
to
register
early!
This
seminar
has
sold
out
in
previous
years.
This
program
will
be
submitted
for
review
of
credit
through
the
Society
of
Human
Resource
Management
(SHRM),
HR
Certification
Institute
(HRCI),
and
Kansas
and
Missouri
Continuing
Legal
Education
Commissions.
|
|
March Madness Comes to Kansas
|
03/14/2018
|
By: Boyd Byers
|
The
NCAA
Men’s
Basketball
Championship,
better
known
as
“March
Madness,”
is
just
around
the
corner.
Things
will
be
extra
crazy
in
Kansas
this
year,
with
KU,
K-State,
and
Wichita
State
all
qualifying
for
the
tournament,
and
Wichita
hosting
first-
and
second-round
games.
March
Madness
also
means
betting
pools
in
which
participants
fill
out
brackets
to
predict
the
winners.
While
the
practice
is
common,
it
may
be
illegal.
And
when
done
on
company
premises,
it
can
create
legal
concerns
for
the
employer
and
affect
employee
productivity.
Technical
Fouls
Gambling
is
a
class-B
nonperson
misdemeanor
in
Kansas.
In
other
words,
it’s
against
the
law.
The
penalty
can
range
from
a
fine
to
six
months
in
jail.
Kansas
law
defines
gambling
as
making
a
bet.
A
bet
is
a
bargain
in
which
the
parties
agree
that
dependent
upon
chance,
one
stands
to
win
or
lose
something
of
value
specified
in
the
agreement.
A
bet
doesn’t
include
prizes
paid
to
the
contestants
in
any
bona
fide
contest
for
the
determination
of
skill.
Unauthorized
lotteries
are
also
specifically
prohibited
by
the
state’s
gambling
law.
A
lottery
is
"an
enterprise
wherein
for
consideration
the
participants
are
given
an
opportunity
to
win
a
prize,
the
award
of
which
is
determined
by
chance."
Thus,
the
three
elements
of
a
lottery
are
consideration,
chance,
and
a
prize.
“Consideration”
is
the
payment
of
money
or
anything
of
value.
Basketball
pools,
in
which
contestants
fill
out
a
bracket
to
predict
the
winner
of
each
Continue Reading...
|
|
The Perils of HR: Beware of Texting Applicants
|
09/21/2015
|
By: Donald Berner
|
For
most
somewhat
technologically
adept
members
of
society,
the
use
of
text
messages
to
conduct
business
has
become
somewhat
common.
It
is
an
easy
and
quick
means
of
communication.
It
is
often
viewed
more
informally
than
an
email
or
other
written
correspondence.
Putting
aside
all
the
standard
warnings
about
the
use
of
text
messages
for
business
purposes,
HR personnel
must
now
be
wary
of
other
more
scary
concerns.
A
human
resources
manager
in
the
Chicago
area
recently
reported
receiving
nude
selfies
from
an
applicant
after
making
a
conditional
offer
of
employment
to
the
individual.
As
the
story
goes,
the
man
indicated
they
were
accidentally
sent
to
the
wrong
person.
This
does
highlight
the
danger
of
using
text
messaging
for
official
workplace
communications.
My
guess
is
the
HR manager
and
the
candidate
had
exchanged
relevant
work-related
texts. This
led
to
the candidate
confusing
the
phone
numbers
when
sending
his
photos.
So
next
time
you
pick
up
your
phone
and
contemplate
texting
someone
about
work-related
issues,
think
twice.
Maybe it
would
be
a
better
idea
to
send
an
email
instead.
|
|
Kansas City Royals Face Hot Dog Liability
|
11/10/2013
|
By: Jason Lacey
|
Sometimes
we
like
to
take
a
break
from
our
core
topics
on
this
blog
and
bring
you
other
law-related
news
of
interest.
In
a
case
being
watched
closely
by
sports-law
experts
and
t-shirt-cannon
enthusiasts
around
the
country,
the
Kansas
City
Royals
may
be
on
the
brink
of
making
new
law
on
the
issue
of
the
liability
of
professional
sports
teams
for
injuries
incurred
by
fans
attending
games.
News
reports
on
the
case
are
here
and here. The
basic
facts
are
as
follows:
While
attending
a
game
in
September
2009,
a
fan
was
struck
in
the
eye
by
a
foil-wrapped
hot
dog
thrown
into
the
stands
by
the
Royals's
mascot,
Sluggerrr.
The
resulting
eye
injury
required
the
fan
to
undergo
two
surgical
procedures
and
is
alleged
to
have
permanently
impaired
his
vision.
He
sued
for
damages
in
excess
of
$20,000.
After
a
trial
in
Jackson
County,
Missouri,
the
jury
found
for
the
Royals,
but
the
Missouri
court
of
appeals
overturned
that
verdict,
and
the
case
is
now
on
appeal
to
the
Missouri
supreme
court.
Under
a
long-standing
rule,
professional
sports
teams
are
generally
protected
from
liability
for
injuries
incurred
by
fans
as
a
result
of
things
that
happen
in
connection
with
the
game
itself.
So,
for
example,
fans
cannot
sue
if
they
are
struck
by
a
foul
ball,
a
broken
bat,
or
an
errant
hockey
puck.
Fans
are
deemed
to
have
assumed
these
inherent
risks
in
attending
the
game.
But
the
law
has
never
addressed
whether
that
liability
protection
extends
to
injuries
incurred
as
a
result
Continue Reading...
|
|
Gaga Case Goes Bye-Bye
|
10/22/2013
|
By: Boyd Byers
|
Kansas
Employment
Law
Blog's
action news
team
brings you
the
hard-hitting
stories and
latest news
from
the
world
of
employment
law.
Consistent
with
that
mission,
it
is
our
duty
to report
that yesterday
Lady
Gaga
has
reached
an
out-of-court
settlement with
her
former
personal
assistant,
who
claimed
the
pop
diva
owed
her
nearly
$400,000
in
unpaid
overtime
under
the
FLSA for
work
performed
over
a 13-month
period.
We've
been
following
the
case
for nearly
a
year.
(Gaga
over
the
FLSA
Monster
(01/27/2013); Court Not
Goo-Goo
over
Gaga--the FLSA
Monster
Revisited
(10/03/2013).) Jennifer
O'Neill,
Gaga's
(now
former)
friend,
served
as
her personal assistant
during
a
world
tour.
O'Neil
alleged
she
was
paid
a
base
annual
salary
of
$75,000,
but
was
cheated
out
of
thousands
of
hours
of
overtime
while
she was
on
call
24/7
to
attend
to
Gaga's
every
need.
Last
month
the
court
ruled
that
O'Neill
had
enough
evidence
to
take her FLSA
claims
to
trial,
where
a
jury
would
need
to
decide whether
her
on-call time
was
compensable.
But
rather
than endure a
trial,
which
was
scheduled
to
start
on
November
4,
Gaga decided
to open
up
her purse
and
settle
the
case.
The
amount
of the
settlement
was
confidential.
But
whatever
she
has
to
pony
up,
Gaga
should
be
able
to cover
it--she
earned
$80
million
in
the
first
six
months
of
2013,
according
to
Forbes.
In
our
original
article
about
the
case
(link
above),
we
identified seven
lessons HR
professionals
can
learn
from
this case.
Here
are
four
more
takeaways:
(1) Overtime
wages
can
rack
up
quickly
when
you mistakenly
treat
an
employee
as
exempt
from
the
FLSA.
So make
sure
any
employees
who
are
treated
as
salaried
exempt,
and
thus
not
Continue Reading...
|
|
Memorable Job Candidates
|
10/09/2013
|
By: Boyd Byers
|
During
a
job
interview,
the HR
manager
asked
the
applicant, "What's your
greatest
weakness?"
The
applicant
answered,
"Honesty." The
HR
manager
followed
up,
"I don't
think
honesty
is
a
weakness."
To
which
the
applicant
retorted, "I
don't
give
a
sh*t
what
you
think."
That
joke
is
a
classic.
But
there
are
plenty
of real-world
interviews
that
are
just
as
funny.
In
a
recent
survey
by
CareerBuilder, hiring
managers
and
HR
professionals
were
asked to
share
the
most-memorable
methods
candidates
used
to
stand
out
from
the
crowd,
and
whether
their
creativity
backfired
or
got
them
hired.
Here
are
some
my
favorite
techniques
that
(not
surprisingly)
didn't
work
so
well
for
the
candidate:
- Back-flipping
into
the
room.
- Dressing
like
a
clown.
- Doing
a
tarot
card
reading.
- Giving
the
interviewer
a
lotto
ticket.
- Sending
a
fruit
basket
to
the
interviewer's
home
address
.
.
.
which
the
interviewer
hadn't
given
her.
Some
memorable
interviews
that
resulted
in
job
offers
included
the
following:
- Repairing
a
piece
of
company
equipment
during
the
interview.
- Asking
to
be
interviewed
in
Spanish
to
showcase
his
skills.
- Volunteering
to
help
make
copies
when
he
saw
the
interviewer's
assistant
was
frazzled.
You
can
read
the
top
10
successful
and
unsuccessful
methods
here. Has
an
applicant
you
interviewed
ever
pulled
a
memorable
stunt,
and
did
it
work? Tell
Continue Reading...
|
|
What the NSA Learned When They Tapped My Phone This Week
|
06/13/2013
|
By: Jason Lacey
|
“For
years,
intelligence
officials
have
tried
to
debunk
what
they
called
a
popular
myth
about
the
National
Security
Agency:
that
its
electronic
net
routinely
sweeps
up
information
about
millions
of
Americans.
But
since
the
disclosures
last
week
showing
that
the
agency
does
indeed
routinely
collect
data
on
the
phone
calls
of
millions
of
Americans,
Obama
administration
officials
have
struggled
to
explain
what
now
appear
to
have
been
misleading
past
statements.”
-The
New
York
Times,
June
11,
2013
*
*
*
*
*
*
*
Report
#493849
Subject:
Jason
Lacey
Age:
37
Occupation:
Attorney
(or
so
he
says)
#
#
#
Saturday
6/8,
12:45
pm:
Met
wife
and
children
at
Chick-fil-A
for
lunch.
*Flag
for
possible
Tea
Party
affiliation.
Sunday
6/9,
5:32
pm:
Ordered
pizza;
cheese
with
no
sauce.
*Flag
for
possible
un-American
activity.
(Who
gets
pizza
without
sauce?)
Sunday
6/9,
8:16
pm:
Downloaded
Angry
Birds
app.
Monday
6/10,
3:24
pm:
Text
from
wife;
daughter
went
to
dentist
to
have
cavity
filled;
went
fine.
Monday
6/10,
4:52
pm:
Text
to
wife;
proposes
to
make
pasta
with
tomato
sauce
for
dinner.
*Scratch
flag
for
possible
un-American
activity.
Monday
6/10,
10:48
pm:
Plays
Angry
Birds.
Tuesday
6/11,
12:30
pm:
Text
from
wife;
buys
coffee
at
Starbucks.
*Scratch
flag
for
possible
Tea
Party
affiliation.
Wednesday
6/12,
7:15
pm:
Phone
call
with
mother;
needs
to
finish
her
tax
return.
*Flag
for
possible
tax
evasion
conspiracy.
Wednesday
6/12,
7:19
pm:
Plays
Angry
Birds.
Wednesday
6/12,
7:32
pm:
Phone
call
with
mother;
she's
getting
a
refund.
*Scratch
flag
for
possible
tax
evasion
conspiracy.
Wednesday
6/12,
9:11
pm:
Text
to
wife;
stopped
for
speeding;
30
Continue Reading...
|
|
On Facial Hair and Flexible Spending Accounts
|
05/12/2013
|
By: Jason Lacey
|
I
have
worn
a
beard
for
most
of
my
adult
life,
and
I
appreciate
a
solid
stand
of
men's
facial
hair.
So
I
couldn't
help
noticing
an
article
last
week
touting
a
growing
industry
in
Turkey:
Turkish
mustache
transplants.
For
a
mere
$5,000,
the
"follicly
challenged"
can
have
a
cosmetic
surgeon
enhance
their
mustache
or
beard.
The
procedure
is
done
under
local
anesthetic
and
takes
only
a
few
hours.
In
true
medical
tourism
style,
the
procedures
are
being
offered
as
part
of
"transplant
packages"
that
may
include
additional
amenities
such
as
a
beachside
vacation
on
Turkey's
Mediterranean
coast.
If
you're
looking
to
boost
your
masculinity
and
catch
a
few
rays
in
the
process,
this
might
just
be
the
thing
you've
been
waiting
for.
That
got
me
to
thinking:
This
is
bound
to
become
wildly
popular
because
-
let's
face
it
-
who
could
resist
a
shot
at
the
mustache
of
their
dreams.
Which
means
it's
only
a
matter
of
time
before
we
find
an
employee
or
two
claiming
reimbursement
under
a
health
FSA,
HRA,
or
HSA for
the
cost
of
the
procedure.
It's
medical,
so
it's
covered
-
right?
Well,
not
so
fast.
To
be
reimbursed
from
a
health
FSA,
HRA,
or
HSA,
expenses
generally
must
be
for
"medical
care,"
and
the
tax
code
specifically
excludes
cosmetic
surgery
from
the
definition
of
medical
care.
What
counts
as
cosmetic
surgery?
Any
procedure
that
"is
directed
at
improving
the
patient's
appearance
and
does
not
meaningfully
promote
the
proper
function
of
the
body
or
prevent
or
treat
illness
Continue Reading...
|
|
Fun Final Four Facts
|
04/03/2013
|
By: Jason Lacey
|
We
interrupt
our
regularly
scheduled
programming
to
bring
you
this
important
news
update
.
.
.
Wichita
is
awash
in
black
and
gold
this
week
as
we
proudly
celebrate
and
anticipate
WSU's
appearance
in
the
NCAA
men's Final
Four.
Here
are
some
fun
facts
to
tuck
away
in
case
you
need
to
drop
some
obscure
knowledge
on
your
friends
and
family
as
you
gather
to
watch
the
game.
The
history
of
WuShock. WuShock,
the
WSU
mascot,
was
originally
a
nameless
shock
of
wheat,
used
as
a
symbol
for
the
WSU
football
team,
known
as
the
Wheatshockers.
The
mascot
took
on
its
first
persona
in
1948,
and
has
evolved
over
the
last
65
years
from
a
scowling,
no-nonsense
intimidator
into
the
grinning,
wide-eyed
fellow
we
know
and
love
today.
WuShock's
most
recent
makeover
came
in
2006,
shortly
after
Sports
Illustrated
identified
Wu
as
one
of
college
sports'
worst
mascots.
(read
more
here)
Against
all
odds. A
political
statistician
has
been
calculating
the
likelihood
of
success
for
each
team
in
the
NCAA
tournament
and
writing
about
it
in
his
blog
for
the
New
York
Times.
Before
the
tournament
began,
he
put
WSU's
chance
of
reaching
the
Final
Four
at
1.3%.
So
I'd
say
they've
done
pretty
well
for
themselves,
all
things
considered.
What
are
their
odds
of
winning
it
all
now?
You
might
think
they've
got
a
1-in-4
chance
(25%),
since
there
are
only
four
teams
left.
But
when
the
teams
are
weighted
to
take
into
account
their
regular-season
resumes
and
the
quality
of
their
prior
wins
in
Continue Reading...
|
|
The Day After the Election: A Recap of What I Learned on Election Day
|
11/07/2012
|
By: Donald Berner
|
As
most
of
the
free
world
can
attest,
yesterday
(and
last
night)
was
election
day
here
in
the
United
States,
which
is
a
very
serious
and
somber
process.
It
is
on
election
day
that
we
select
candidates
to
serve
all
the
way
from
local
positions
up
to
the
President
of
the
United
States.
These
choices
can
have
a
major
impact
on
how
government
interacts
with
employers
and
their
employees
over
the
following
four
years.
This
election
day
was
much
different
for
me
than
those
in
past
years.
I
learned
a
lot
by
looking
and
listening
as
the
election
process
was
fed
back
to
me
through
the
eyes
and
ears
of
my
children.
My
high
school
junior
and
8th
grader
had
strong
feelings
about
who
the
right
candidate
for
the
job
might
be
for
President.
The
problem
is
they
did
not
agree.
Talk
about
partisan
politics.
It's
hard
enough
to
keep
the
normal
sibling
squabbles
under
control
without
tossing
politics
into
the
equation.
While
the
older
siblings were
entertaining
at
some
times
and
irritating
at
others,
the
2nd
grader
brought
the
political
process
into
a
whole
new
light
for
me.
On
election
night
at
the
dinner
table
I was
grilled
by
her
about
whether
I had
voted
yet.
I
had
not
done
so,
which
seemed
to
be
a
big
deal
even
though
the
polling
locations
were
still
open
for
another
ninety
minutes
(I
like
to
slip
in
near
closing
in
hopes
it
is
quieter).
Not
only
did
I
get
chastised
for
not
having
exercised
my
right
Continue Reading...
|
|
|
Editors
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers, the General Employment Law Guy
Jason Lacey, the Employee Benefits Guy
Additional Sources

|