With the holidays in full swing, it’s a holly jolly time to plan the office holiday party.
Michael Allen
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Tags: holidays, holiday, holiday office, holiday office celebrations, holiday parties, teambuilding
A joyful gathering at the office or a nice dinner at a local restaurant make for fine holiday parties, but why not take advantage of the festive occasion to do something a little different this year? Here are three alternative ways to celebrate the season that could bring your staff — and perhaps your community — closer together.
Tags: holidays, holiday, holiday office, holiday office celebrations, holiday parties, holiday gifts
You’re hosting an office holiday party to celebrate the company’s recent success and enter 2012 on a high note. Like any business event, you’ll want to plan carefully to ensure it’s a hit (and not a fiasco). Here are four tips for keeping the festivities professional, responsible, and enjoyable for everyone.
Tags: holidays, holiday, holiday office, holiday office celebrations, holiday parties, labor law, liability
Be careful what you say when interviewing potential employees: Various federal and state laws protect job applicants from discrimination related to their nationality, family status, disability, sex, age, or religion. Phrasing a question incorrectly — even if you’re simply making small talk — could put you at risk of a lawsuit.
Tags: interview, legal mistakes, Interview Questions, employees
It’s that time of year again; it’s time to think about holiday gifts. It’s hard enough to figure out what to get for family and friends at this time of year, but as a small business owner, I find it even more difficult to know what to get for the people that make the business run as well as it does.
Tags: gifts, holiday gifts, employees, employee bonus, employee gifts, employee
Holiday parties can raise legal issues for employers, including liability for serving alcohol, wage-and-hour violations, workers' compensation, and religious discrimination.
Libations = Liability
Holiday frivolity easily can become holiday liability when alcohol is served at a company party. Employers can be held liable if employees are involved in auto accidents after drinking too much at a company function.
Consider serving only non-alcoholic beverages, or give each employee a limited number of tickets to be used for alcoholic beverages. If an employee or guest is inebriated, pay for a cab or arrange another ride home. Enlist the help of company managers to keep an eye on how much employees are drinking.
A party with too much alcohol is also the perfect breeding ground for sexual harassment claims. Redistribute the company's sexual harassment and substance abuse policies to everyone a week or so before the party to remind them that their liability for sexual harassment applies at all times, including during the party.
Party Time Can Be Work Time
If you put on a company holiday luncheon during a work day, you may be liable for meal break penalties if employees are required to attend the party. Employees generally are entitled to a meal break of at least one-half hour where they are free to leave the premises, and if employees are required to attend the lunchtime party and then go straight back to work, they have missed their meal break, even though they were not performing any work and you fed them lunch.
If attendance at the party is purely voluntary, be sure to let employees know this in writing when you invite them to the party. When attendance is voluntary, there are no meal break penalties because employees had the option to leave the premises.
If the party is not during regular working hours, again be sure to let employees know attendance is purely voluntary. If you require non-exempt employees to attend the party then they are “on the clock” and must be paid for their time. If the party is after a work day, this could result in overtime pay obligations as well.
Some employers allow employees who are attending a holiday party on the evening of a work day to go home early, while those who are not attending work their regular schedule. As long as all employees are paid for the number of hours they work that day, this is a legal practice, although it may cause morale issues for those who don't get to leave early.
Injuries
Even though there's no work involved, an employee who gets hurt at the party can file a workers' compensation claim unless you've made it clear that attendance at the event is strictly voluntary.
Religious Beliefs
Before you deck the halls only with boughs of holly, consider your employees' religious beliefs. Instead of limiting decorations to the usual Christmas tree and Santa motif, let employees know they are welcome to bring decorations for their winter holidays as well. Make room for a Hanukkah menorah, the red, green and black candles of the Kwanzaa kinara, and any other winter holiday decorations employees would like to contribute to party decor.
Be sensitive to employees who do not wish to celebrate religious holidays. Equal employment laws require reasonable accommodation of employees' religious beliefs, so an employee who does not wish to attend a holiday party should be excused from taking part in the festivities.
By: HRC/Cal Chamber
Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee
Ho, ho, ho. Santa's on his way. And whether you've been good or bad, if you're an employer, Santa may be bringing you a stocking full of holiday headaches. Fortunately, the employment law elves have prepared this list of common holiday issues for you to consider ahead of time, to help employers keep their holiday season merry and bright.
Tags: sick leave, Leave of absence, Vacation Leave, holiday leave, PTO
Small businesses should review IRS guidelines to determine eligibility for the small business health care tax credit. The tax credit is part of the 2010 Affordable Care Act.
According to the IRS, small employers that pay at least half of the premium for employee health insurance coverage may be eligible for the small business health care tax credit. Small tax-exempt organizations may also qualify.
The credit is worth up to 35 percent of a small business's premium costs (25 percent for tax-exempt employers). In 2014, this rate increases to 50 percent (35 percent for tax-exempt employers).
To qualify, an employer must have less than the equivalent of 25 full-time workers (for example, an employer with fewer than 50 half-time workers may be eligible). A qualifying employer must also pay average annual wages below $50,000.
The credit phases out gradually for firms with average wages between $25,000 and $50,000 and for firms with the equivalent of between 10 and 25 full-time workers.
Use this three step fact sheet from the IRS to determine if you qualify. Eligible small employers will use Form 8941 to calculate the credit.
More information is available from the IRS.
Tags: tax credit, health care, Small business, health care tax credit
The National Labor Relations Board (NLRB) voted today to proceed with a controversial election rule despite strong dissent from one member of the board. In a 2-1 vote, Chairman Mark Pearce and Board Member Craig Becker voted to advance the proposal while member Mark Hayes voted no.
Rumors swirled earlier this week that Hayes might resign or refuse to participate in the vote, leaving the NLRB without the quorum it needs to make major rule changes. However, Hayes said that he did not intend to resign even though he strongly opposes the rule.
Yesterday, Pearce made changes to the proposed rule. Only the revised proposal was approved today, but this revised proposal retains significant portions of the original proposal — portions that remain troubling to businesses. The NLRB vote advanced changes that would eliminate most pre-election challenges and move them to after the workers’ vote and would limit litigation surrounding union elections. Pre-election appeals would no longer be allowed which would speed up the election process.
The NLRB will now draft a final rule which will have to be voted on again. Board Member Becker’s appointment expires at the end of the year, which will bring the NLRB down to two members and without a necessary quorum. The NLRB will have to try and get this rule through to a vote prior that time.
Several provisions of the original proposal were not up for vote today, including provisions that would have: (1) required employers to provide the union with email addresses of employees, (2) required parties to identify issues and describe evidence soon after an election petition is filed, no later than the start of the hearing and prior to any other evidence being accepted; and (3) required that hearings be set for seven days after service of the notice of hearing. These items are still up for consideration for later action.
In dissent, Hayes argued that the NLRB should not proceed with the vote given the significance of the proposed changes.
“I deeply believe that whatever one’s view of the need for election rule revisions may be, a final rule should not be issued in the absence of three affirmative votes to do so,” Hayes said.
Tags: election rule, employees, Employers, NLRB
Under a new state law, California employers with five or more employees will be required to continue to maintain and pay for health coverage under a group health plan for an eligible female employee who takes Pregnancy Disability Leave (PDL) up to a maximum of four months in a 12-month period.
Tags: California New PDL Laws, PDL Laws, Updated PDL Laws, Insurance Obligations, 2012 California Laws