Temperatures are falling, which means holidays are approaching. For employers, there is one piece of good news: Halloween is on a Friday! Otherwise, buckle up for another year of holiday-related requests.We've gathered some of the most frequently asked questions employers have around the holidays to make them a little less scary.
Can employees be disciplined for inappropriate holiday party conduct?
They can, and they should be. Ignoring inappropriate conduct when it occurs can open up problematic doors in the future. Goof ups at a party may not necessitate termination, but the unacceptable conduct must be addressed for consistency.
Do paid holiday hours count toward overtime?
Under North Carolina and federal law, if the employer pays employees for taking time away from work on certain holidays, then those paid hours off work will not count toward calculating overtime hours. However, employer policies or practices often contradict this default rule, and the employer must be consistent.
Do gift cards count toward compensation for purposes of calculating overtime?
If Clark Griswold were a non-exempt employee waiting for his annual holiday bonus check, and that bonus was based on a pre-determined formula, then the bonus would count toward the overtime calculation for the applicable workweek. However, purely discretionary bonuses and gifts do not count toward overtime.
Is an employer required to reimburse employees for traveling to the company holiday party?
Is the holiday party mandatory? If so, then it is probably a good idea, and could be required under certain state employment laws, to pay for travel time and hours spent at the party. Otherwise, as long as the party is completely voluntary and optional, then the employer does not have to pay employees for attending (whether hourly wages, salary, or travel time/expenses).
Who gets priority when requesting extra time off around the holidays?
Employees often want the same popular days off, creating scheduling conflicts and potential coverage gaps. Ensure the company has a clear policy about requesting vacation or PTO, indicating when and how a request must be made. Even if such policies are already in place, the 'first come, first approved' approach may not work for all teams or be beneficial for morale. Try out different scheduling options ahead of time to see if the team can coordinate coverage before management has to step in and decide. Now is the time to do this (not November 20th).
Do religious accommodations requests trump PTO/vacation requests?
It depends. See above about having clear policies in place as to when employees must request PTO/vacation time off, which should be the same as religious accommodations requests. Given the burden on the employer to engage in the interactive process with employees making religious requests, it is likely that these requests will take precedence over non-religious PTO/vacation requests. However, the interactive process includes a balance of reasonableness on the part of the employee making the accommodation request.
Two employees show up at the holiday party as a couple. Is this a problem?
Holiday parties are not an exception to the company's inter-office relationship policy. Don't have such a policy? Then there may be no problem if the newly discovered relationship does not affect the employees' duties at work. However, whether it is policy or not, if one of the individuals in the couple is a supervisor, then the company must address the relationship immediately.
Do we need an alcohol policy for holiday parties? Some people get a little too jolly!
You may not need a policy, but you should set employees up for success by reminding them to have fun but remember that all workplace policies apply. Proactive communication works well for standards for Halloween costume events, Secret Santa gift exchanges, and other holiday celebrations, too. (Note: if you have a workplace drug and alcohol policy but allow alcohol consumption at company-sponsored events, make sure that caveat is included in the policy.) Another tip: hire professional bartenders for your party; if someone is impaired, they won't be served more to drink.
An Ounce of Prevention
Now, today, is the time to plan for the holiday season. Meet with your HR team, review your company handbook for relevant policies, update documentation protocols, and offer refresher training to your employees. You can help keep this season safe, and merry, for all involved.
Should your business need counsel to assist, we are happy to help. Give us a call.
