Author: Brett Holubeck

Die Hard, Christmas, and Employment Law

Published by Brett Holubeck on December 20, 2018

Picture of a machine gun to represent John McClane getting a machine gun in Die Hard — Photo by Rod Long on Unsplash

First, let’s get to the most controversial part of this post. Is Die Hard a Christmas movie? Bruce Willis said Die Hard is not a Christmas movie… it’s a Bruce Willis movie. Unfortunately, Bruce Willis is absolutely wrong.

Someone just made a Die Hard Christmas trailer and it is epic. The movie definitely has holiday themes. There is no denying that. It has Christmas trees, decorations, and a party. It is ultimately about a guy trying to get to be with his family, which is basically what the holidays are all about.

No matter what side you take in this great debate, Die Hard does demonstrate a lot of problems that affect everyone during the holidays. Issues at work, problems with your family, and some slight uncertainty about the future.

With that being said, let’s look at some of the employee issues illustrated by Die Hard.

Working Too Much and Not Being There for Your Family

John McClane works as a cop in New York and his wife works in California. When the limo driver asks John why he didn’t move to California with his wife John responds “Cause I’m a New York cop who used to be a New York kid, and I got six months backlog of New York scumbags I’m still trying to put behind bars. I don’t just get up and move.” John McClane would rather continue working as a cop in New York rather than move to the west coast with his wife. Basically, the movie starts out with one character choosing their job over their spouse.

Balancing work and family is always hard. There are a lot of people that have chosen their careers over their family. Careers, high performing careers or careers where the person’s identity is shaped by their career (lawyer, doctor, etc.), can be all consuming. There is always more work to do. These are the people that can end up like John McClane and choose their career over their family.

And in the end, it is like the great quote from Rabbi Harold Kushne “Nobody on their deathbed has ever said ‘I wish I had spent more time at the office.”’ At the end of Die Hard, that is ultimately what the McClanes learn. The McClanes go from the children asking whether their daddy is coming home for Christmas to just being glad to be with each other.

As an employer, what does this mean for you? Ultimately, people have the personal responsibility to manage their lives. However, companies boost morale by providing things like remote-work capabilities, or flexible employee leave to take a sick kid to the doctor is an appreciated perk that allows employees to better prioritize their family as they wish, and especially in times of need prioritize however they wish. However, as an employer, you can provide opportunities to include family.

Employee Drug Use

Another interesting part of the movie is the drug use. John McClane calls out Harry Ellis, one of the big negotiators for the company, for using cocaine at the party. This happens in front of the president of the company. And he does nothing about it.

Unfortunately, many companies ignore employee drug problems and some companies may even consider encouraging drug use to make employees more relaxed, less anxious, and more productive. Of course, Die Hard was made in the 1980’s so there was bound to be some use of cocaine.

With that being said, if there is an employee that has a drug problem, then you should not ignore it. Now I’m not saying that you confront someone when you have some vague suspicion that they are using drugs, but there are some steps that everyone should consider.

All companies need to gather evidence that shows that a person is under the influence of drugs. To do this, a company needs supervisors that are trained to recognize the signs of drug use and impairment. No one will identify drug use if they do not know what to look for. When you have reasonable suspicion that an employee is using drugs, then you need to act quickly especially if that employee is in a safety sensitive position. Follow your policy and conduct a drug test on that person as soon as possible.

In Die Hard the drug use was obvious. The employee was seen snorting cocaine in the office and still has white powder on their nose when he is with the president of the company. This is not a situation where you are piecing together the information to get to reasonable suspicion. It would be equivalent to seeing an employee down a few shots of whiskey at work. And remember, the president of the company did absolutely nothing. That is the opposite of what should happen.

Employees Confronting Robbers

There are times that employees have fought off armed robbers, but no employee needs to do that when they have a gun pointed at them. You can read about employees successfully confronting armed robbers here, here, here, and by running a quick Google search of your own.

Unfortunately, things do not always work out for employees that confront armed robbers. This is why the best advice is often to instruct employees, especially retail employees, to open up the cash register and hand over the money to any would be robber. Just look at what happened to Takagi, the president of Nakatomi Trading. He tells Hans Gruber that Hans will have to kill him, and he will not give Hans the code to the safe. There is no reason that any employee should feel the need to protect a cash register or any amount of money when their life is threatened.

Of course, as we see in Die Hard, that does not work in every situation. The employees in Die Hard only escaped because John McClane fought back. He knew that these people were terrorists and they did not care about taking people’s lives.

Sometimes employees need to be prepared to defend themselves. If your employees work late at night or in a dangerous area, then the company needs to take steps to ensure their safety. Sometimes that may mean that the company gets a better lit parking lot, other times that may mean that it provides some self-defense training to employees, or it could include having an onsite security guard to escort people as necessary. It just depends on the job.

Conclusion

Even if we cannot agree on whether Die Hard is a Christmas movie, we can agree that the McClanes learn an important lesson from it. The importance of family.

For those of you going to a party next week I only have one thing to say: Welcome to the party pal. Merry Christmas to everyone celebrating the holiday next week! And if you want a good Christmas movie, I would recommend Die Hard.

The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice, then you should speak with a lawyer about your specific issues. Every legal issue is unique. A lawyer can help you with your situation. Reading the blog, contacting me through the site, emailing me or commenting on a post does not create an attorney-client relationship between any reader and me.

The information provided is my own and does not reflect the opinion of my firm or anyone else.

Office Holiday Party

Published by Brett Holubeck on December 18, 2018

Happy Holidays! It is that time of the year again, when the office holiday parties are held, and merriment abounds. Or maybe it is when HR has the dreadful task of dealing with employee shenanigans. It might depend on how much alcohol you serve at your office holiday party or whether you have a giant ice luge that you pour shots down.

I mean, obviously HR is the least favorite department (E.g. Toby from the Office-he’s the WORST),but in the event you want to be nice (not naughty) to your HR team- let’s talk about some things to consider when planning your office holiday party.

Set Some Ground Rules

Make sure employees know that your employee handbook rules are still in effect. Prohibit any off-color jokes and especially any sexual banter. I’d avoid having mistletoe as a part of any of your decorations. There is always someone that will make a joke or comment about “being under the mistletoe.”

Unless the company is a religious employer (like a church or religious school) you should not have religious themed holiday decorations. You should also be hyper aware of ensuring you are not acting against anyone’s religious beliefs. Just look at this company that lost a lawsuit because it forced an employee to wear a Santa hat and apron while working at the furniture store.The company fired the employee after she said that her religion prohibited her from wearing the Santa hat and apron.

Finally, management and HR should know their role at the office holiday party. They are still in charge and need to monitor the party and quickly handle any situations that may arise especially those related to alcohol and sexual harassment.

Attendance Should Be Voluntary

Do not require employees to attend your party or you will be required to pay them.

Invite Spouses and Significant Others

I may be in the minority here, but I think you should allow your employees to bring their spouse or a significant other to the office holiday party (if it is not held during working hours). Work is a major part of people’s lives that many spouses never see. By allowing spouses to come you enable them to meet their significant other’s coworkers and help fill in the question marks about their 8-5 workplace environment. Not only that, you show your employees that you value who they are and who they value outside of the workplace, which increases workplace satisfaction and ultimately employee retention.

And let’s be honest, if someone is coming after working hours or on a weekend, then they probably feel that they have an obligation to come even if it is not mandatory. What that ultimately means is that the employee has to make the decision to spend even more time away from their significant others, which most people do not want to do .

Make Special Arrangements if Alcohol Will be Available

Your staff is probably not trained to serve alcohol and recognize the signs of impairment. No company wants that kind of liability, so the best thing that to do is get a professional to serve the alcohol. Also, HR should set some drink limits. Do not have an open bar. That is a great way to get into a lot of trouble.

Do not allow employees to take shots. The company should only provide beer and wine. Some companies even provide rides to employees to reduce the risk of drunk driving and the legal liability that comes with it.The company should also limit the hours that the bar is open and the length of the party. A good party is probably 3-4 hours. That is enough time for people to mingle and get home at a decent time while minimizing the risk of someone drinking too much.

Also, the company needs to provide some food. Food reduces the risk of someone getting drunk, which again leads to a host of problems.

Holiday Parties are Great for Bonding and Morale

A well-done office holiday party makes employees feel appreciated.It shows them that the company cares. It allows them to relax and interact with each other outside of work. It is a great way to have different parts of the company speak with each other and not just about work.

To help with bonding, many companies have games, or some activities for the employees to do. A game or some activity is a great icebreaker and way to encourage people to interact with those that they may not meet on a daily basis, but some people hate them, so use them sparingly.

After the Party

Investigate any complaints quickly. If any employees report that something inappropriate occurred, then HR needs to act fast to handle the problem just like for any other investigation.

Conclusion

Throw an amazing party that allows your employees to feel valued, but don’t do it at the expense of your HR team. By following the steps above, you can have a great party and reduce your risk of employee related problems. Wishing you all a very happy holiday season!

The information provided is my own and does not reflect the opinion of my firm or anyone else.

Inclement Weather, Natural Disasters, and the Workplace

Published by Brett Holubeck on December 8, 2018

People walking over a snow covered street to show that the weather affects employees ability to travel — Photo by Emanuel Hahn on Unsplash

It is that time of the year again. Winter. When every employee acts like a few inches of snow (or if you’re in Texas—frost) is a chance for a day off of work. When dealing with inclement weather related issues there are a number of things to consider.

Employee Safety Comes First

The main focus for every company is safety. No one wants their reputation to be destroyed over social media because they required nonessential workers to report after a hurricane or other major disaster. However, some companies with nonessential personnel know what to do. Just look at Waffle House. FEMA even uses the Waffle House Index to measure how severe a storm is:

“If a Waffle House is closed because there’s a disaster, it’s bad,” [FEMA administrator Craig] Fugate told NPR in 2016. “We call it red. If they’re open but have a limited menu, that’s yellow. If the Waffle House is open, everything’s good.”

“They [(Waffle House)] try to pre-position supplies in storage somewhere relatively safe. Priority one is, ‘Who are our people? How will this storm affect their lives?’ Then you prepare how to move them. You may reserve hotel rooms, so they can sleep near stores that are going to be open.”

You’ll notice that Waffle House takes care of their employees and does not put them in danger.

Compare that to what one Pizza Hut did last year right before Hurricane Irma:

“To all Team members,” the memo begins, before laying out a policy that dictates that employees cannot evacuate more than 24 hours before the storm and must return within 72 hours. “Failure to show for these shifts, regardless of reason, will be considered a no call/no show and documentation will be issued,”it reads. “After the storm, we need all [teammates] available to get the store up and running and serve our communities as needed.”

Do you notice the difference? Waffle House ensures the safety of its employees by planning arrangements so that employees will not need to travel far if the store will remain open. They also shut down stores if need be. Waffle House even activates its own storm center before a storm hits. They know how to treat their employees before a storm or natural disaster.

What Should Companies Do in A Natural Disaster

Show that you care about your employees.

As a Houstonian, I remember the effects of Hurricane Harvey and what businesses did to respond to it. A lot of these businesses stepped up to help employees recover by opening their own businesses and homes to employees, organizing work teams that help rebuild homes that were devastated, and doing other helpful things to show employees and the community that they care. Mattress Mack, a famous mattress store owner in Houston, even opened up his stores and allowed people that were fleeing their homes to sleep in the beds on the showroom floor.

Here are a few things that companies should do to be ready for a disaster. Have an inclement weather policy. That policy should describe what happens in a situation where the employee cannot make it to work because of a natural disaster. It should tell the employee how to report that they will be absent from work and how the employee will be contacted if the company will be closed.
Plan ahead. Some natural disasters, like hurricanes and blizzards, will give you a few days to prepare. Act quickly once you learn of these storms. Assess the situation to determine whether you need to shut your business down. If you do not have an evacuation order, then you should consider asking exempt employees (salaried employees that are exempt from overtime. You can view this past post for more information) to take their computers home to complete any necessary work.
If you are a company or public entity that employs essential personnel, then you should start informing these employees about the plan before the disaster strikes. Many police officers, firefighters, and medical personnel may have family that evacuates, but they may be required to stay. These companies and entities should help workers prepare their families to leave. A worker that is worried about her family won’t be as efficient as one that knows that they are safe.

Inclement Weather/Snow Days

In a minor storm, some employees may not be able to make it into work even though the company is open. If the employee is unable to work, then the best thing to do is to allow them to use some of their paid time off to cover that day. The same applies if the employee is an exempt employee that takes the day off. They can be required to use paid time off.

Some employees may also arrive late to work if the weather is bad. Even if you have policies on attendance (if you don’t then you really should), you do not have to always enforce them. You can choose to waive attendance requirements if there is a good reason to do so. You just need to be consistent.

Let’s be honest. If half of your workforce is late because the snow added 20 minutes or an hour to their commute, then you probably want to waive your attendance requirement for that day. That is unless you want to have half of your workforce upset because they feel that you were not fair.

Conclusion

Take care of your employees. They are what makes any business profitable and they should be part of your “family.” No business can succeed without them. Make sure that your policy is fair and ensures that employees are safe. That is what they expect and deserve from any company that they work for.

The information provided is my own and does not reflect the opinion of my firm or anyone else.