Rod Satterwhite and David Greenspan are members of the Labor & Employment group at McGuireWoods LLP. Both handle employment litigation on behalf of employers, and advise companies on employment issues regularly.

Thursday, April 27, 2006 - Posts

UPDATED: Spank Me, Train Me, Pay Me

Fox News is reporting on a case that went to a California jury yesterday in which a 51-year old female employee claims she was spanked during a "team-building" exercise at her company.  According to the story:

Employees were paddled with rival companies' yard signs as part of a contest that pitted sales teams against each other, according to court documents. The winners poked fun at the losers, throwing pies at them, feeding them baby food, making them wear diapers and swatting their buttocks.

One of my colleagues raised the question of why this case even got to the jury, because it was undisputed that both male and female employees were paddled with equal vigor.  Last time I checked, discrimination laws (even the ones in California) required a showing that something was done because of a person's gender, and it's a little tough to do that when males and females are being treated equally (albeit equally badly).

Regardless of the legal analysis, it seems like we're developing a theme for Administrative Professionals Week.

5/2/06 UPDATE:  JURY AWARDS $1.7 MILLION IN THIS CASE.  We just learned that the "six-man, six-woman California Superior Court jury awarded Janet Orlando $1.2 million in punitive damages and $500,000 in compensatory damages, including a $450,000 emotional distress award, $40,000 in future medical expenses, and $10,000 in lost wages."  For being spanked.  Voluntarily.  Along with men.  Fraternity pledges everywhere are rushing to seek legal counsel, and waves of class actions are expected.

 

Going Into Overtime on Overtime

 

Here's one that hopefully won't impact the release of Madden 2006:  In its second such case in less than a year, Electronic Arts, Inc. this week agreed to settle a class action overtime dispute with a group of computer programmers.  The current and former employee plaintiffs alleged that the gaming industry juggernaut misclassified them as exempt employees to satisfy California overtime laws and avoid paying overtime.  The class argued that, because they neither had creative control nor management responsibility, they were not exempt.  Maintaining its compliance with the law, EA agreed to pay $14.9 million to the class to settle.  This settlement comes on the heels of a similar one from last October, where EA agreed to pay $15.6 million to a class of graphic artists.