Holiday Office Party

Employment Law Attorneys Love Them.......

I once heard an attorney during a presentation say that the fallout from holiday office parties is a very lucrative business, one that provides a handsome living to many of his colleagues. Oh no, watch out, here she comes, that grumpy HR Grinch, ready to shut down our rollicking good time this holiday season. You know, the anything goes office party where your employees leave their inhibitions at the door. The celebratory occasion that provides months of post party gossip.

Unfortunately the post holiday hangover may be yours if you are an employer. The gift you get in January and beyond may be hours spent huddled with your new best friend, an employment practices attorney. The attorney you hope can defend you against some very serious legal threats to you and your business.

We at YPP love to have a good time and we want our clients to have a bright and HR Safe holiday season. We have a few tips to help our employers avoid the biggest holiday party danger zones, alcohol and sexual harassment.

Alcohol
The following tips were prepared by the U.S. Department of Labor, Working Partners for an Alcohol and Drug Free Workplace in an attempt to assist employers in minimizing negative consequences of alcohol consumption at their holiday parties.

• Be honest with employees. Make sure your employees know your workplace substance abuse policy and that the policy addresses the use of alcoholic beverages in any work-related situation and office social function.
  
  
• Post the policy. Use every communication vehicle to make sure your employees know the policy. Prior to an office party, use break room bulletin boards, office e-mail and paycheck envelopes to communicate your policy and concerns.
  
  
• Reinvent the office party concept. Why have the typical office party? Try something new like an indoor carnival, group outing to an amusement park or volunteer activity with a local charity.
  
  
• Make sure employees know when to say when. If you do serve alcohol at an office event, make sure all employees know that they are welcome to attend and have a good time, but they are expected to act responsibly.
  
  
• Make it the office party of choice. Make sure there are plenty of non-alcoholic beverages available.
  
  
• Eat... and be merry! Avoid serving lots of salty, greasy or sweet foods which tend to make people thirsty. Serve foods rich in starch and protein which stay in the stomach longer and slow down the absorption of alcohol in the bloodstream.
  
  
• Designate party managers. Remind managers that even at the office party, they may need to implement the company's alcohol and substance abuse policy.
  
  
• Arrange alternative transportation. Anticipate the need for alternative transportation for all party goers and make special transportation arrangements in advance of the party. Encourage all employees to make use of the alternative transportation if they consume any alcohol.
  
  
• Serve none for the road. Stop serving alcohol before the party officially ends. Employers are encouraged to review their company policies regarding alcohol consumption and furthermore, to enforce their policies at all company celebrations.
  

Sexual Harassment

With or without too much alcohol a holiday party can become the opportunity for sexual harassment claims. As a California employer you must know that State law forbids sexual harassment under FEHA and Government Code section 12940.
The California Fair Employment and Housing Commission (FEHC) enforces FEHA law and has found sexual harassment to include:

• Verbal harassment, such as epithets, derogatory comments, or slurs;
  
  
• Physical harassment, such as assault or physical interference with movement or work; and
  
  
• Visual harassment, such as derogatory cartoons, drawings, or posters.
  

As an employer what can you do to help minimize the risk? The following tips can help you avoid holiday party harassment liability:

• Remind employees beforehand that their liability for sexual harassment applies at all times, including during the party.
  
  
• Make sure your supervisors' sexual harassment training is up to date, and you may want to redistribute the company's sexual harassment and substance abuse policies to everyone a week or so before the party.
  
  
• If you know or suspect someone in your organization is putting you at risk for a sexual harassment claim take steps now to address it now, don't wait until it is too late.
  

YPP HR Managers can help you in planning an HR SAFE holiday celebration. We want you to enjoy the season knowing you have done everything possible to avoid a post holiday legal hangover.

Effective Human Resources Planning

As we approach the end of the calendar year, many businesses are taking stock of 2007 - their successes, their failures, their strengths, and where they need to grow - so that they can prepare for 2008. Just as many other businesses are engaged in the day-to-day details of running a business, and are just trying to stay on top of the issues from today. Whether you fall into the first category or the second, or are trying to do both, strategic planning is an essential piece of moving your business beyond survival mode and into thriving and growth mode.

The first step for any business owner is to assemble your team of advisors. Most people start businesses because they have an interest or skill in that particular field or see a need to be met, not because they really want to meet the many stringent laws and regulations that govern business in California. However, as a business owner, you do inevitably find yourself having to face those issues, and the competition for your time begins. Do you spend your time growing your business? Or do you spend your time making sure you're in compliance and trying to be all things to all people?

The successful business owners who have moved their businesses out of the status quo and into growth know that the key to success is assembling a strong team. Depending on the size of your business, this may be an internal team, with your C-suite, or it may be external, with your attorney, CPA, insurance broker, and HR team if you outsource. Find the people who understand your business, who specialize in their fields, and who come highly recommended. With this team in your corner, you're ready to go to work in the actual planning process for your next year.

HR planning often uses staffing as a starting point. The three essential questions you want to ask are:

Do I have the right people? (Do we have the people with the skills and knowledge to meet the firm's goals?)

Do I have the right people in the right places? (Are we using everyone as effectively and efficiently as possible?)

Do I have people doing the right things? (Are we meeting our sales goals? Are we meeting our benchmarks for customer satisfaction, quality, growth etc.?)

In a recent landmark survey conducted by Gevity Institute in association with Cornell University , it was found that all three of the above factors are necessary, and there is also "a clear correlation between employee management practices, alignment, and company success." Some HR practices are more effective than others, researchers found: The best retention practice is creating a family-like workplace where company information is shared with employees, social events bring people together, and new hires get a comprehensive orientation program. The study showed that firms should be future-oriented when recruiting, bringing in talent tailored to long-term contributions, and use formal HR processes and professional standards to manage people.

In the other phases of research on the impact of good employee management practices on profitability, Gevity and Cornell surveyed employees as well as owners and HR managers. Phase three showed that the most important employee "outcomes"--results of good HR practices--for revenue and profit growth are involvement and low intentions to leave a company:

Customer satisfaction is raised by employees who are committed to their supervisors, trust their management, and cooperate with their co-workers.

Trust in management is the biggest driver of product or server quality.

Successful development of new products or services depends on the same three factors as high customer satisfaction.

The research produced strong, measurable evidence. Rates of increase in revenue and profit and reductions in turnover were even greater for firms with high growth or fierce competition and also for larger firms. Here are three key strategies:

Select employees based on how they fit the organizational culture rather than for skills to fit a particular job.

Use a self-management strategy with employees rather than a controlling management style: Grant discretion and foster trust and empowerment.

Motivated and retain by implementing a family-like community.

The motivation/retention strategy was most effective in both growing profit and reducing turnover. The self-management strategy increased revenue most effectively. But using all three strategies had the best results: Revenue up by 22.1 percent, profit up by 23.3 percent, and turnover reduced by 66.8 percent in the companies studied.

Author: Reed Jorgensen, SPHR, HR Manager, Your People Professionals