5 Tips for Managing Seasonal Employees

Posted on Tue, Dec 13, 2011

Seasonal employees can help keep your small business humming along during some of the busiest days of the year. But seasonal and full-time staffers don’t always integrate seamlessly. According to Deb Spicer,author of Power Teams: The New Square Root Model That Changes Everything, bringing in new people for the holidays can lead to some negative workplace dynamics, such as cliques or competing factions.

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Tags: Small business, seasonal employees, employees, employee

In the Trenches: What to Give Employees for the Holidays?

Posted on Wed, Dec 07, 2011

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.

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Tags: gifts, holiday gifts, employees, employee bonus, employee gifts, employee

When planning a company holiday party are there any legal issues to consider?

Posted on Fri, Dec 02, 2011

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

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Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee

Bad Santa

Posted on Fri, Dec 02, 2011

Employers commonly throw holiday office celebrations this time of year to show employees that they’re appreciated. However, a recent case from a California appellate court demonstrates the problems that can also arise when conduct crosses the line. Brennan v. Townsend & O’Leary Enterprises, Inc., 199 Cal.App.4th 1336 (2011).

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Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee

Should You Use a Recruiter to Hire Employees?

Posted on Mon, Nov 21, 2011

You’re looking for that key staff member who can take your business to the next level. You’ve tried the mega job boards, but the candidates who’ve applied aren’t remotely qualified for the position — and you’re tired of weeding through your inbox. Should you turn to an employment agency? Maybe. Consider these factors before you do.

  • Industry-specific recruiters know where to find qualified candidates. Experienced headhunters working within a particular industry generally understand its key players and where to promote open positions. Often, they contact employees of competing firms to see whether they’re interested in a job, which is probably not a tactic you’d dare to try on your own.
  • Anyone can call himself a recruiter. Unlike for lawyers and real estate agents, there are no licensing requirements for recruiters. When considering using a headhunter, pay close attention to his prior experience and clients. Ask for referrals to make sure that he’s made good matches in the past.
  • Recruiters are motivated to find employees fast. Because a recruiter isn’t paid until she matches a job seeker with a job, she’s eager to find you a candidate quickly. This can be a good for you if she’s careful to vet the candidate’s qualifications; however, if she rushes to fill the job for the sake of getting paid, you may not end up with the ideal person.
  • Recruiters may rule out candidates you’d like to hire. When you give recruiters a set of criteria, they tend to make sure that all potential candidates fulfill everything on your wish list. That means they’re likely to rule out any candidate that’s even slightly lacking, but whom you may have liked despite the fact that they weren’t the whole package. Make sure to clarify details such as whether you will accept relevant experience in related industries or might allow telecommuting for the right candidate.
  • Recruiter fees can drive down employee salaries, shrinking your pool of potentialemployees. Although you don’t pay anything out of pocket to use an employment agency, you’ll need to budget its fee (typically, around 20 percent of the candidate’s salary) into the amount you’re paying for the hiring package. That means that if your dream hire asks for an extra $10,000 in salary, you may not have room to negotiate — and could end up losing the candidate as a result.
  • Recruiters can save you time. By outsourcing the application review and interviewing process, you’ll free up your time to focus on more profitable business ventures. Although you’ll have the final say in hiring a candidate, all of the time-consuming work that goes into making that decision will be handled by someone else.
By: Kathryn Hawkins
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Tags: Recruiting, recruiters, employees, employee, Hiring