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Newsletter #41 December 4, 2018 |
| | Richard Dannenberg, DP Marketing, Inc.
Richard Dannenberg passed away last month and we miss him greatly. Richard was responsible for the marketing and promotional activities of our association. He was a great man and a personal friend of many of us. I will miss our conversations, his leadership, creativity, and sound advise he always gave with a smile and calm manner. Please keep his wife and five children in your prayers as they navigate through this time of loss and change. |
| | | Tips for Drafting a Severe Weather Policy
Issue: This winter, many of your employees have been unable to make it to work due to severe conditions. You’d like to develop a severe weather policy that addresses office closures, absences and payment issues, among others. What should you consider as you develop the policy?
Answer: Severe weather can pose considerable challenges for employees on their commutes to and from work. Many employers that contend with weather emergencies on a regular basis have implemented handbook provisions to address such situations. When drafting a severe weather policy, consider the following:
Business closure. Will you designate certain days as "severe weather" days? Will you set objective measures, such as snowfall that is more than six inches? Will you tie company closure decisions to your school district's closings? Or will such determinations be made on an ad hoc basis?
Communication. How will you inform staff whether the company is open or closed? Typically a call-in number or website is used, affording employers the ability to conveniently convey status updates and further instructions.
Early departures. Consider whether to implement a general "early release" policy when mid-day snowstorms loom. Will you require a skeleton crew to remain? If so, outline the equitable manner in which employees will be selected for such duty.
Tardiness/absenteeism. Some employers waive tardiness rules on severe weather days. Will you grant excused absences for employees who are unable to make it in on those days? Alternatively, will absent employees face disciplinary action?
Telecommuting. Employers that experience regular bouts of poor weather might consider telecommuting as a means of deterring weather-related loss of productivity, even where it's not otherwise a standard company practice. May employees telecommute when getting to work is cumbersome? May they do so on any foul weather days, or just on those workdays you designate as "severe weather" days?
Wage-hour issues. Consider whether to allow hourly employees, where appropriate, to make up work hours lost due to severe weather. A more critical question: Will you compensate employees for working time missed when the office is shut down due to inclement weather? Generally, pay for workers who are unable to reach the workplace because of weather conditions can be excluded from regular-rate-of pay calculations under the Fair Labor Standards Act (FLSA), provided such absences are infrequent and sporadic.
Exempt employees. Note that whether to pay an exempt employee in such instances will be dictated by the FLSA. An employer that remains open for business during adverse weather emergencies may make deductions, for full-day absences only, from the pay of otherwise exempt employees who choose not to report to work (for personal reasons) that day. Should the business close, however, all exempt employees must be paid their full salaries.
Outdoor work. Who will make the determination whether non-essential outdoor work is safe to perform, even if those workers manage to get to the worksite?
Reporting for duty. Some bargaining agreements and handbook provisions provide a minimum payment, such as two hours' pay, for days when employees report to work but cannot work due to weather conditions.
Essential employees. Consider whether to identify certain employees as "essential" and others as "non-essential," and whether to set forth distinct inclement weather.
Mandatory overtime, on-call time. Outline clear expectations for mandatory overtime and on-call requirements for essential employees, as well as penalties for violations. Set forth a clear procedure as to when and how off-duty employees must report in during critical periods.
CCH Workweek |
| | | 6 easy ways to keep your workplace holiday party -- without a lawsuit.
Follow these rules, and you can't go wrong!
A recent survey indicated that employers were cutting back on holiday parties in 2018.
"No party? Aww, shucks."
The consulting firm that conducted the survey speculated that #MeToo might be the reason for employers' less festive approach. (However, it also noted that holiday parties are harder to organize nowadays because so many employees work remotely.)
Should employers abandon their holiday parties out of fear of sexual harassment claims? In my opinion, that would be extreme. Here are six rules that will allow you to keep your party while minimizing your legal risks
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No. 1: Resign yourself to the fact that, in our legal environment, workplace parties can no longer be as wild and crazy as non-work parties. Limits will have to be imposed. Employees can still have a nice time, but maybe not a "great" time, if you know what I mean.
No. 2: Before the party, remind employees that this is a workplace event and that normal standards of conduct still apply. Well, maybe not all of them, assuming you don't normally allow drinking on the job, but all of the others. I'd cite to the harassment policy, explain the company's arrangements for employees who can't safely get home, and remind employees in advance that being "under the influence" is not a defense to disciplinary action based on bad behavior at (or after) the party.
No. 3: Designate reliable employees to be low-key "chaperones." These employees should not consume alcohol during the party. Their role is to socialize but also be alert to any budding problems (sexual harassment, but also heated arguments, inappropriate jokes, an employee who seems to be in danger of a blackout, and the like) and to tactfully intervene before things get out of hand. They can also act as designated drivers or escorts if the need arises. Because they'll be "on duty" at the party, these chaperones should be paid for their time if they're non-exempt. You can also consider giving them thank-you gifts or bonuses in exchange for giving up their right to party.
"Conduct yourselves accordingly!"
No. 4: Invite spouses and significant others. I have to admit that I've had clients tell me that sometimes the partners of employees are the worst offenders at a holiday party. But I still think that, for the most part, an employee's partner will be a force for good. A person is obviously less likely to flirt or "pair off" with a co-worker (which can lead to sexual harassment claims) if the partner has an eye on them. The partner may also be in the best position to judge and speak up when the employee has had too much to drink.
No. 5: Speaking of drinking, put some limits on it. There are a lot of ways to do this without having to single anyone out or be confrontational: Offer a cash bar with exorbitant prices, close the bar entirely after two hours, issue a limited number of drink tickets (two per person should be plenty for a workplace party). You can also have a party that is entirely alcohol-free, but that shouldn't be necessary as long as you don't allow the attendees to get roaring drunk.
"I wish they'd limited me to two drinks last night!"
No. 6: If you get a complaint about inappropriate behavior that occurred at the party, handle it exactly the same way you would a complaint about inappropriate behavior that occurred in the workplace. Again, it's not a defense to inappropriate behavior of any kind -- whether harassing, nasty, or unsafe -- that the individual was drunk or that the bad behavior occurred at a party.
Now, go have fun! But not too much fun.
By Robin Shea on 11.30.18
Partner, Constangy Brooks, Smith & Prophete LLC
Robin has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act ...
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| | How to Avoid Becoming a #MeToo Employer:
Over the last year, there have been a number of high profile sexual harassment cases. Employees have been fired, lawsuits have been filed, and reputations (individual and corporate) have been destroyed. The #MeToo movement is expanding, and our society is now focused on addressing the widespread issues of sexual harassment and assault. For employers, it is important to provide employees a safe work environment free of harassment, sexual or otherwise. At the same time, employers must also consider how to protect themselves from legal liability from improper workplace conduct beyond their control. A few simple steps can help prevent your company from being the next front page story.
- Have a Comprehensive Harassment Policy: A comprehensive harassment policy addresses ALL types of harassing behavior, including harassment based on race, color, sex, gender, age, national origin, sexual orientation, religion, and disability. Having a comprehensive harassment policy is the best way to detect problems and defend against a lawsuit. If the employer can demonstrate that it exercised reasonable care to prevent and correct the harassing behavior and the employee unreasonably failed to take advantage of the opportunity, then the law provides a defense to the harassment claims. Accordingly, it is extremely important to have a comprehensive harassment policy in place and have employees acknowledge in writing that they have read and understand the policy.
- USE the Harassment Policy: Investigating allegations of harassment and promptly fixing the problem is the best way to avoid litigation.
- ASK FOR HELP!: Employers frequently ask the wrong questions during interviews and fail to properly document the steps taken to address harassment concerns. Lawsuits are serious business. A short phone call with a lawyer or other expert helps ensure that the company is investigating properly and spots other legal issues with the allegations.
- Train, train, train!: It is important to have annual training for employees, especially supervisors and managers. Supervisors and managers need to be able to spot signs of harassment and know to take all allegations seriously. Training not only lets employees know that harassing conduct will be taken seriously in the workplace but also gives an employer documentation to show that the employee was aware of the current harassment policies.
By using these four steps, an employer will be well on the way to taking efforts to prevent harassment and creating the documentation needed to defend against allegations of illegal workplace conduct.
W. Jonathan Martin II is a partner at Constangy Brooks, Smith & Prophete LLP. He focuses his practice in defending companies in employment discrimination litigations and related state law matters.
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| | | Member Benefit - Discounted Onsite Training Provider
As a GEA member, your organization is eligible for discounted onsite training at a discounted rate. All of the public training sessions are offered on a private basis for your organization.
Our training providers include:
Constangy Brooks, Smith and Prophete LLP The Focus Group - Pete Tosh Humphries Consulting - Keiko Humphries and staff Riverwood Associates - Peter Sherman The Ballard Group - Debra Ballard
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| | The GEA Training Schedule for 2019 will be posted on the GEA website by the middle of December. Please plan on participating in our training programs. If you have suggestions for additional training programs, please contact Buddy for more information. |
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Georgia Employers' Association Buddy McGehee, SHRM-SCP director@georgiaemployers.org |
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