December brings with it a mix of feelings each optimistic and detrimental, significantly for HR departments, Jonathan Segal, associate and managing principal at Duane Morris stated throughout a Nov. 21 digital occasion.
“It’s typically stated that it’s essentially the most great time of the yr, however not essentially for individuals who are in HR,” Segal stated.
That’s partially due to the potential for misconduct at company-sponsored vacation events, which have rebounded in recognition through the post-pandemic period. However there are numerous different points to maintain tabs on, from wage-and-hour classification of seasonal bonuses to making sure respectful use of decorations. Segal’s presentation coated a wide range of greatest practices for HR to think about.
1. Permitting inappropriate gift-giving
Employers would possibly wish to flow into a reminder to staff to not give something sexual, suggestive or that violates an organizations’ harassment insurance policies. Segal recalled one occasion through which a shopper’s worker gifted a Victoria’s Secret merchandise to a secretary. “I want we’d reminded him,” Segal stated. Prohibitions might additionally prolong to political items, even when employers are cautious about curbing political speech at work.
Segal added that employers ought to clarify that staff should keep away from items to politicians that might create a battle of curiosity with out prior approval from a basic counsel or chief compliance officer, even when such items are usually not meant as bribes.
Gifted alcohol generally is a bit trickier to handle. Segal stated employers might not wish to inform staff to throw away a bottle of wine they obtained from a colleague, however as a substitute, they will instruct them to not drink it at work and take it residence the identical day they obtain it.
“And I believe we will all agree — I don’t know if you could add it — however in terms of weed, none within the office, by no means acceptable as a present,” Segal added. “That features edibles.”
2. Excluding sure vacation funds from additional time calculations
The Truthful Labor Requirements Act does present exceptions for sums paid as items, which don’t have to be included in an worker’s common pay charge for additional time calculation functions. To ensure that the funds to be excludable, although, staff should not have a contractual or authorized proper to them, Segal stated, and so they can’t be measured by or depending on hours labored.
Such funds additionally can’t be so substantial that they’re thought of a part of the worker’s wages, he added. Bonuses calculated based mostly on classes reminiscent of manufacturing or effectivity are subsequently not excludable, Segal stated, and neither are sums that equal a whole month’s value of pay.
Bonuses might in any other case be excluded beneath the FLSA even when they’re paid with regularity to the purpose that staff can anticipate them and even when completely different quantities are paid to staff based mostly on place sort or size of service, Segal stated.
State legal guidelines add one other wrinkle. For instance, California legislation requires employers to depend bonuses towards an worker’s common charge if they’re led to anticipate it, Segal stated, and different states are simply as restrictive, if no more so.
“It’s good to provide your staff bonuses and I really encourage you to take action,” Segal stated. “I don’t need you, out of your goodness, to finish up with an FLSA declare. If you happen to’re undecided whether or not you may exclude it from the common charge of pay, please just remember to embody it.”
3. Letting vacation events get uncontrolled
Within the minds of some attorneys, the most secure solution to cut back the chance of inappropriate vacation get together habits is to easily not have one. But many employers discover that the occasions increase retention and camaraderie amongst staff and may function a solution to present appreciation for what they do.
HR ought to monitor issues to make sure staff behave responsibly, particularly the place alcohol is concerned and other people would possibly do issues they in any other case wouldn’t, Segal stated.
Moreover, if the employer has a band or DJ working the get together, it may be okay to test the track record upfront — or curate a playlist themselves and run it by a various group of individuals within the group to assemble their ideas. That’s as a result of dancing is an particularly tough space to navigate.
“In one in every of my favourite examples, a shopper instructed me that an worker was placing her fingers down within the pants of the man in entrance of her when doing a line dance,” Segal stated. “That appeared like an actual downside, however the actual downside was that he actually wasn’t sporting pants.”
Segal stated he strongly advises employers to clarify that they won’t sponsor, fund, nor attend any after-parties. That’s as a result of the occasions typically create alternatives for sexual assaults, sexual encounters and drug use, none of that are optimistic developments for HR to take care of.
“Nothing good occurs at an after-party,” Segal stated.
Employers can also embody express language that attendance at after-parties shouldn’t be required and that anybody who feels pressured to attend ought to let the employer know, he added.
On alcohol, it’s essential to state up entrance that consumption by attendees beneath age 21 is prohibited, Segal stated. Employers might go additional by setting a restrict on consumption for all attendees, i.e. by a sure variety of drinks per visitor enforced by a hand stamp or different matters. Employers additionally might implement this by limiting the variety of servers and eliminating self-service choices.
Different ways embody guaranteeing cab vouchers can be found, serving loads of meals and non-alcoholic drinks, shortening or eliminating completely satisfied hours and requiring staff to pay for his or her drinks — and maybe matching staff’ drink prices with a donation to charity.
Employers can direct servers to be aggressive in flagging company who’ve had an excessive amount of to drink and ask managers to help in monitoring for impairment — and take staff’ automobile keys away if obligatory.
“I like saying to servers, ‘flag aggressively, and when you’ve got any considerations about anybody’s health to drive or in any other case, contact a delegated individual,’ and allow them to know who that individual is in your organization,” Segal stated. “Managers, ideally, ought to obtain that very same admonition.”
Ought to a delegated individual must confront somebody who’s drunk, Segal stated that the designated individual ought to ask for the visitor’s keys and, if the visitor refuses, inform them that the police might be contacted.
4. Being thoughtless about decorations
Decorations are at all times a troublesome subject, Segal stated, “as a result of no matter you publish might not be sufficient, and no matter you publish might offend some.”
The authorized commonplace shouldn’t be that employers ought to do away with decorations that might make staff the slightest bit uncomfortable, he famous, however quite whether or not they might make an worker fairly uncomfortable to the purpose that this impacts the worker’s office.
“Strolling previous a fantastically embellished pine tree — I don’t assume an affordable individual needs to be [made] uncomfortable by that,” Segal stated. “Requiring somebody who’s an atheist to have decorations on their desk? That’s a unique story.”
Employers can take a wide selection of approaches towards decorations. One possibility, Segal stated, is to think about together with spiritual symbols that signify all holidays celebrated through the season — e.g., a Christmas tree for Christmas, a menorah for Hanukkah, a harvest basket for Kwanzaa, and a Bodhi tree to signify Bodhi Day in Buddhism.
“Sure, dimension issues,” Segal stated. “[I]f you’ve got an 18-foot oak tree and menorahs that you might journey over [because] they’re so small, then which may ship a message. Placement would possibly ship a message.”
The objective, Segal stated, is for employers to make use of decorations which are as reflective of every vacation as fairly doable.
As for decorations put up by staff, employers can place restrictions however ought to be sure that the identical commonplace applies whatever the faith that the worker is celebrating, Segal stated. However employers additionally ought to take into account how granular they need these restrictions to be. It could be higher, he famous, to make use of phrases reminiscent of “typically” and “ordinarily” when setting pointers with a purpose to guarantee flexibility when confronted with particular circumstances.
“Are we higher off organising guidelines about what’s [allowed] on the within of the door [versus] what’s on the skin of the door, small versus massive […] or is it higher to easily say I’m going to be reactive on this one,” Segal added. “If I see one thing that’s problematic, I’m going to reply, and I’m going to ensure I accomplish that universally.”
