962
author_image
Jonathan A. Segal
Partner
Share

I am pleased to share with you the latest blog I wrote for Entrepreneur.

The upcoming holiday season can be the most wonderful time of the year, but it all poses challenges to entrepreneurs of all sizes. Yes, there are risks. What good does not come with some risk? But most of the legal and employee relations risks can be mitigated with some thoughtful planning. So here’s a checklist of issues to minimize the risk that your December celebrations will result in January claims.

1. Don’t eliminate Christmas.

Don’t eliminate Christmas from the holiday season, says this Jewish guy. It’s a beautiful holiday that should be celebrated. And a Christmas tree is just fine, too! But what about those who don’t celebrate Christmas? Read on.

2. Include other holidays.

It’s about inclusion, not exclusion. Rather than excluding Christmas, recognize other holidays, such as Hanukkah and Kwanza. Consider a menorah and Kwanza basket along with the Christmas tree! No lit candles, please.

3. What holiday did you forget?

You don’t know what you don’t know. Profound. So, ask. Ask employees if there is a holiday that they would like to see included in the celebration (and that includes decorations). By asking, I learned that the Buddhist holiday of Bodhi Day falls on December 8.

4. What about those who don’t celebrate?

Some employees celebrate holidays at different times of year. Some don’t celebrate holidays at all.

This does not mean we should nix the season celebration. It does mean we should reference in our communications those who may not feel part of the seasonal celebrations. I will try to do just that at the end of this checklist.

5. What should you call your party?

“Holiday party” is the most inclusive term. Make your party more inclusive by having decorations and music reflect diverse holidays. Think about your choice of decorations and songs. Those that are religious are more appropriate for religious celebrations (or for religious employers).

What if someone is offended by Jingle Bells? May that be his or her biggest problem in life!

To continue reading, please click here.

 

About Jonathan A. Segal
962
author_image
Jonathan A. Segal is a partner at Duane Morris LLP in the Employment Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, and other leaders at client sites and by way of webinar on myriad employment, leadership labor, benefits and immigration topics. Jonathan has served intermittently as a consultant to the Federal Judicial Center in Washington, D.C. for more than 20 years, providing training on employment issues to federal judges around the country. Jonathan also has provided training on harassment on behalf of the EEOC as well as providing training on diversity to members of the United States intelligence agencies. Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by the Society for Human Resource Management and the Pennsylvania State Chamber of Business and Industry. Jonathan’s practice focuses on maximizing compliance and minimizing legal risk. Jonathan’s particular areas of emphasis include: equal employment opportunity in general and gender equality in particular: social media; wage and hour; performance management; talent acquisition; harassment prevention and correction; and non-competes and other ways to protect your business. You can find him on Twitter @Jonathan_HR_Law .
958
author_image
Valentine A. Brown
Partner
Share

I am pleased to share my Law360 article regarding I-9 enforcement actions.

Since the Aug. 27, 2015 decision of the National Labor Relations Board in Browning-Ferris Industries of California Inc., 362 NLRB No. 186, in which the NLRB swept away 30 years of precedent to rewrite the definition of who is a joint employer, employers and their advocates have been considering how this decision will impact employer liability in other contexts.

The issue at stake in Browning-Ferris was whether the International Brotherhood of Teamsters could include a group of laborers employed by a subcontractor of Browning-Ferris in a collective bargaining action. The Teamsters argued that the subcontractor was a joint employer because it provided temporary labor at a recycling plant of Browning-Ferris. The NLRB agreed with the Teamsters and set out a new test. To determine the “exercise of a control” in the workplace, the board will consider the ways in which employers may “share control” or “co-determine” the terms and conditions of employment. The NLRB held that “the right to control in the common law sense is as probative of joint employer status as is the actual exercise of control, whether direct or indirect.”

To continue reading, please click here.

About Valentine A. Brown
958
author_image
Valentine A. Brown is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. She serves as global immigration law counsel to a diverse group of multi-national and domestic corporations and their employees, providing advice, compliance audits and representation to help navigate the intricacies of US and foreign immigration laws. Ms. Brown also represents individuals in all types of immigration proceedings, including persons of extraordinary ability; spouses, fiancées and children of US citizens; naturalization and political asylum applicants; as well as respondents in deportation and immigration appellate proceedings.