Wednesday, March 23, 2016

Employment Law Blog Carnival: The “Candy Cane Children” Edition #ELBC


People seem to like lists, so here’s one to kick off this month’s Employment Law Blog Carnival. Who is the greatest rock band of each decade (according to Jon Hyman)?

  • The 1960s — The Beatles (with apologies to the Rolling Stones)
  • The 1970s — The Who (with apologies to Led Zeppelin and the Clash)
  • The 1980s — U2 (with apologies to Guns N’ Roses and Talking Heads)
  • The 1990s — Nirvana (with apologies to Pearl Jam and Green Day)
  • The 2000s — White Stripes (with apologies to absolutely no one)

This month’s ELBC will focus on the latter, the White Stripes. They allegedly formed on Bastille Day 1997, and most certainly broke up five years ago. In between, they single-handedly saved rock ‘n’ roll.

Every now and again you hear a band that makes such an imprint on you that it changes your musical soul. For me, the White Stripes was one of those bands.

I was blessed to see the White Stripes live the last four times they played Cleveland: August 2001 at the Beachland Ballroom (when I had no idea who they were, and was completely blown away), March 2002 at the Odeon, November 2003 at the Agora, and September 2005 at the Allen Theater.

What do you likely know about the White Stripes? They were a two piece band hailing from Detroit, with Meg White on drums, and her brother (er, ex-husband) Jack White on lead vocals, guitar, and just about everything else. Each of their albums and live performances existed under a red-and-white candy-cane motif. And they are a guaranteed first-ballot Rock and Roll Hall of Fame inductee in 2024.

What might you not know about the White Stripes (c/o Third Man Records)?

  • They are quite possibly the youngest band to have opened for both the Rolling Stones and the Pretty Things
  • They have appeared on the Late Late Show with Craig Kilborn, the Daily Show with John Stewart, the Late Show with David Letterman, Charlie Rose, Late Night with Conan O’Brien, and Detroit PBS Backstage Pass.
  • They have released two films, both of which feature the words “under” and “lights” in the title.
  • They are almost certainly the only band to have ever played shows with Loretta Lynn, the Stooges, Porter Wagoner, Whirlwind Heat, and Sleater-Kinney.
  • All six of their albums have at least one song with the word “little” in the title.
  • They have performed in Iqaluit, Canada; Tallinn, Estonia; and Toledo, Ohio.

So, for this month’s Carnival, I present employment law according to the greatest band of the last 20 years, the White Stripes.


Dead Leaves And The Dirty Ground



I was driving back to the office from a court appearance in Akron and stopped at a Best Buy to pick up White Blood Cells. I had seen the White Stripes live a few days before. When I slid the CD into my dash, the opening chords of Dead Leaves… hit me like a ton of bricks. I was hooked. Understanding Adverse Effect Discrimination, via Stuart Rudner at Rudner MacDonald, might not be about the same type of impact (not by a long-shot), but it’s still worth your time.


Girl, You Have No Faith In Medicine



Have some faith in hiring disabled folks, says William Goren’s EEOC Proposed Rule on Affirmative Action for Individuals with Disabilities in the Federal Government, at his Understanding the ADA blog.


Black Math



Jack White says this scorcher of a song is about learning by asking questions, not by regurgitating information others give you. Learn what Title IX coordinators do, at Know Your Role: Title IX Coordinators, via Courtney Bullard at Lorene Schaefer’s Win-Win HR Blog.


I Think I Smell A Rat



Donna Ballman, at her plaintiff-side blog Screw You Guys, I’m Going Home, shares Florida Adds “Financial Information” To List of Trade Secrets That Can Get You Tossed In Jail. Don’t be a rat to your employer (current or former) by blabbing this stuff. It will get you sued, and might even land you in jail.


The Big Three Killed My Baby



The “Big Three” are Chrysler, Ford, and GM, three types of cars you might be driving, if you are one of the road warriors Robin Shea writes about in Is driving an “essential function of the job” for your road warriors?, at her Employment & Labor Insider.


Hello Operator



We have a whole generation worth of kids (maybe two) who have no idea what a telephone operator is. If we still had telephone operators, we might need to use their services when we telecommute. Curious about what a Merrick Garland Supreme Court might think of telecommuting as an ADA reasonable accommodation? Then read WWJ(G)D? Justice Garland and Telecommuting as a Reasonable Accommodation, via Jesse Dill’s Wisconsin Employment Law Blog


Offend in Every Way



This song was the easiest pick of the bunch. Is there any other White Stripes song more appropriate for Dan Schwartz’s Hostile Work Environment Creator, Equal Opportunity Offender or Something Else?, via his Connecticut Employment Law Blog?



Lots of relationships end badly, sometimes because of a mistake that one makes, like the controlling narrator of this hauntingly beautiful track. Employers make mistakes too, as Mike Haberman outlines in One big mistake that employers make in the recruitment process, at his Omega HR Solutions blog.


I’m Slowly Turning Into You



They say that couples who are together long enough start to resemble each other. Could the same hold true for a company that is so closely aligned with another as to be a joint employer of the other’s employees? Check out The DOL on Joint Employment and the FLSA, via Janette Levey Frisch’s The EmpLAWyerologist.



My Doorbell



The rumor is that Jack White wrote the entirety of Get Behind Me Satan (the album that features this jaunty number) as one giant middle finger to his then-recent ex, Renée Zellweger. Here’s a post about the sweetness of revenge, A pro golfer gets his revenge on Twitter; causes a heckler to lose his job, via (our ever-gracious proprietor) Eric Meyer and his Employer Handbook blog.


Seven Nation Army



This riff is so iconic that it’s been stolen by every stadium and arena crowd worldwide. The song screams with rage, which might be how you’d feel if you caught an employee stealing from you. Ask Mike McClory, who shares one of his favorite memories, The Case of The Time-Thieving IT Manager, at Bullard’s Employment Law Edge.


I’ll leave you with this blistering cover of one of my favorite songs of all time, Dolly Parton’s Jolene, as only Jack and Meg can do it.



What I Read This Week will return next week, April 1, with what I can only assume will feature some sort of “April Fools” theme. No foolin’.

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