Want to Reduce Workplace Liability (And Be A Better Manager)? 5 Easy Steps

 EEOC released its year-end statistics for claims filed.  The bad news for employers is that claims have increased (surprise!!).  The good news is that avoiding claims and minimizing internal and external employee complaints is relatively simple and pretty straight-forward.  So let’s get started!  Here are my Fast Five:

1. Keep informed of relevant federal, state and local workplace laws and regulations (including regulations on harassment and retaliation, discrimination, and compensation); 
2. Maintain, update and distribute written policies on hiring, workplace behavior, time off, benefits, and termination;
3. Establish and communicate a confidential complaint procedure including designating an HR rep or other trained designee to assist with this procedure;
4. Conduct periodic training sessions for both managers and employees so that they are aware of workplace discrimination issues as well as conduct and language that might be considered inappropriate/unlawful;
5. Maintain up-to-date records for all employees, documenting performance evaluations, discipline, changes in compensation, attendance and other workplace events or changes.

This list is not exhaustive - but this fast five is a start.  If you're doing these things, you're in pretty good shape and have a solid foundation.  If you're doing some of the five - you're moving in the right direction, just keep going.  You'll notice that there are common threads with these steps - Document and Communicate.  In my experience, the best managers, not just the managers that avoid lawsuits, are managers that engage their workforce.  Communication is key: when employees know what is expected of them, they tend to work more effectively.  Having written policies, documents not only what the laws are, but also reinforces the communicated expectations.

If you have any questions or need help with any of these or other workplace issues, contact me or visit my website.

Holiday Parties - Yikes!! How to Avoid Liability

Its that time of year again. Don't give plaintiffs attorneys any gifts!! The following are areas where even the best of intentions can go awry.

Alcohol - Having no alcohol at holiday parties can greatly reduce your risk of liability (e.g., injuries at the party, harassment/improper comments). But the reality is that everyone likes a little holiday cheer (in moderation). If you're planning to offer alcohol at your event, here are a few things to consider:

• Try to limit alcohol consumption by offering a variety of non-alcoholic drinks AND ensure that sufficient food is served. Also, consider serving only beer or wine and not offering any hard liquor; 
• Offer a limited number of drink tickets and a cash bar. Non-alcoholic beverages should be free and plentiful; 
• Provide cab vouchers or otherwise arranging for the safe transportation home (e.g., car pools). This can help reduce the risk of drunken employees driving on the roads; 
• Have a luncheon instead of an evening party. It's less likely that employees will drink too much (or at all) during the day.

Harassment - Although holiday parties are business events, employees sometimes do things at these parties that they wouldn't do at work. Management and Human Resources should look out for inappropriate behavior and respond promptly and appropriately to protect employees from otherwise avoidable incidents and the employer from liability. This doesn’t mean organizing a sentinel watch, but keep your eyes open. Even though employees are having fun, this is not the time for HR to look the other way.

Religious Discrimination – Be sensitive the variety of beliefs within your workforce. Be as inclusive as possible when organizing and promoting holiday events. 

Attendance - Attendance should be optional – if attendance is mandatory, you might have to pay your employees for attending.

Holiday parties should be fun and an opportunity for you to express your appreciation to your employees. Unfortunately, these can have the unintended effects of increasing employee complaints and possibly litigation. If you’re thinking about sponsoring a holiday party for your staff, plan carefully and hopefully everyone will enjoy themselves.

If you have any questions about holiday parties or any other employment law issues, please contact me or visit my website.