The most metal employment law update ever!

Two of the most famous bands in the history of heavy metal are each facing lawsuits from former tour workers.

The family of a Kiss guitar tech, who died while quarantining in 2021 after contracting Covid while on tour with the band, is suing the band for wrongful death. According to a prior investigation by Rolling Stone, Kiss allegedly maintained lax Covid protocols on the tour in question — including a lack of testing and lots of crew members falling ill — that contributed to the roadie's death.

Meanwhile, an ex-tour photographer is suing Guns N' Roses for copyright infringement and sexual harassment. She claims that the band claimed ownership over numerous of her photos and used them in print and digital media, ad campaigns, and other outlets. She also alleges that the band's manager made "numerous unwelcome sexual advances" toward her and "committed consistent pervasive sexual harassment" in a "workplace environment that was completely devoid of any sexual harassment policy, sexual harassment handbook, sexual harassment training, and human resource department."

If you’re going to change an employee’s time sheet, make sure it’s an accurate change

🟩 LEGAL: Disciplining or firing a non-exempt employee who works unauthorized overtime.

🟥 ILLEGAL: Failing to pay a non-exempt employee for all hours worked, whether authorized or unauthorized.

🟩 LEGAL: Altering a non-exempt employee's time sheet so that it accurately reflects the actual number of hours worked.

🟥 ILLEGAL: Altering a non-exempt employee's time sheet to reflect a flat 40 hours per work week, no matter how many hours the employee actually worked.

A lawsuit recently filed against Liberty University will test each of these legal principles.

WIRTW #695: the “cover” edition

Earlier this week, I used the song "Pass the Kutchie" to illustrate Ohio's new recreational marijuana law. Some commenters were quick to point out that the song is called "Pass the Dutchie," not "Pass the Kutchie." Except it's not. "Pass the Kutchie" is a 1981 Jamaican reggae song by the Mighty Diamonds about Rastafarian cannabis pipes. One year later, Musical Youth covered that song and made it famous. Because they were all children, however, they replaced the song’s drug slang with “dutchie,” a food reference.

Coincidentally, this week the AV Club published lists of the 25 best and 25 worst cover songs of all time. All of this got me thinking about my favorite cover songs. Here are my top 5:

1. The White Stripes  "Jolene"
2. Sinead O’Connor — "Nothing Compares 2 U"
3. Johnny Cash — "Hurt" 
4. Janis Joplin — "Me and Bobby McGee"
5. Talking Heads — "Take Me to the River"

What about your favorite covers? Head over to LinkedIn and drop a comment to let me know.

Here's what I read this week that you should read, too.

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Ohio voters decide to pass the kutchie on the left hand side

By a margin of 57% to 43%, voters legalized recreational marijuana. As a result, recreational cannabis will become legal in the Buckeye State on December 7, 2023.

Employers have lots of questions about how to handle this change. Here are answers to the top 5 questions I anticipate receiving over the coming days, weeks, and months.

DEI programs continue to be a lawsuit target

Major League Baseball. NASCAR. Starbucks. McDonald’s. Morgan Stanley, American, United and Southwest Airlines. America First Legal, a conservative group led by Stephen Miller, has targeted each of these for their “illegal” practices of hiring non-Whites and females.

In its most recent letter to the EEOC, urging it to investigate American Airlines, AFL cited the following as evidence of “unlawful employment practices” —

Your business is not a charity

Your customers are not your bank. It’s not their job to bail you out from poor business decisions.

I’ve been thinking a lot about this idea as I’ve been following the recent news from R. Shea Brewing.

Here’s the Cliffs Notes version of what’s happened.

From 2015 - 2019, R. Shea was a small local brewery. In 2019, it opened a much larger, 60,000 square-foot second location, which enabled it to significantly expand its production and operations. That expansion, however, also included a vast expansion of its debt, to the tune of a $2 million SBA loan. A combination of the lingering impacts of Covid, rising wages and production costs, and skyrocketing interest rates have created a situation in which R. Shea in now unable to service that debt.

As a result, it just launched a GoFundMe campaign to raise … wait for it … $2.3 million. Thus far, it’s raised approximately $17,000.

WIRTW #694: the “trick-or-treat” edition

I have a bone to pick with one of my neighbors. When my kids returned home on Tuesday night and opened their trick-or-treat bags, they found this DVD.

Your religion is your religion. I don't tell you how to practice yours, and in return I expect you not to tell me or my children how to practice ours. I don't need to tell you how awful the world is right now about religion. The last thing we need is neighbors proselytizing neighbors. Halloween isn't difficult. Kids ring doorbell. Door opens. Candy goes into bag, bucket, or other candy-carrying vessel. Let's keep it that way.

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Here's what I read (and heard) this week that you should read, too.