Category: Employment Law

World Cup 2018

Should You Let Employees Watch the World Cup?

FIFA’s World Cup 2018 begins today (as I’m writing this). Unfortunately, the United States did not make the field. However, FIFA just announced that North America (Canada, Mexico, and the U.S.) will host the World Cup in 2026.

Anyway, this is the biggest sporting competition on Earth. Nearly 3.5 billion viewers are expected to tune in to watch the World Cup. Despite their country’s absence, that includes more than 50 million Americans. And because the tournament is in Russia, most matches will take place during the normal workday in the U.S.

So, here’s the big questions: Should you let your employees watch the World Cup at work?

Let’s weigh some of the considerations.

Type of Workplace

This mostly comes down to “do employees have computers on their desks?” If so, they may have easy access to the World Cup matches. Plus, they probably also have a smartphone that would allow them to watch, though in miniature. Tablets, like iPads, offer a middle ground.

In those office settings, some employees will try to watch whether it’s allowed or not. Companies might be able to restrict access to the primary streaming sites (the World Cup will be on FOX and FS1 in the U.S.). But there will be workarounds.

Of course, there’s the option of expressly prohibiting the watching of sports at work. That may already be technically covered by a electronic communications policy. But, it will still be hard to monitor what people are doing on their personal devices throughout a large workplace.

On the other hand, if employees work in a factory, retail setting, or outside, their access to World Cup coverage will be more limited. There’s still the smartphone issue, but it’s harder to hold the phone while working with one’s hands. And these workplaces often raise greater safety concerns, probably necessitating more restrictions against distractions and use of non-work devices.

Productivity

Can your employees still get the work done while watching soccer? Certainly, some will be able to have the World Cup matches on in the background while still performing their work tasks at a high level. Others, however, will probably become completely immersed in the matches and get no work done.

Even the risk of lost production doesn’t make this a no-brainer issue. Every workplace features daily downtime, whether scheduled or not. Employees get breaks. Or they are sitting around waiting on customers, vendors, co-workers. Or they stop in the halls to make small talk, catch up with colleagues, etc. For employees interested in the World Cup, some of this normal downtime will revolve around the tournament anyway.

Workforce Demographics

Some employees like soccer. Others don’t. On the whole, Americans watch soccer much less than the rest of the world. It’s convenient for many U.S. employers that our brand of football schedules most of its games, including the big one, on Sundays.

So, who is most likely to watch the World Cup? Without getting into statistics or unfairly stereotyping, let’s just assume it’s possible that in your workplace:

  • Men are more interested than women;
  • Younger employees are more interested than older ones; and
  • Immigrants are more interested than those born in the U.S.

Thus, banning (or attempting to ban) employees from watching the World Cup may disproportionately affect some categories of employees. (It could be these listed above, or other distinctions unique to your workforce.) Does that mean you can’t tell employees not to watch soccer at work? No. Or at least, probably not.

But do you let employees watch other non-work content at work? The Olympics? Big games featuring local teams? The Royal Wedding?

Make sure you’re not unreasonably discriminating against soccer and its fans.

Morale

All else being equal (and probably even if it’s not) happy employees are better than grumpy ones. Most employers can’t tolerate letting employees watch every match of the World Cup when they’re supposed to be working. (But, if they work in a sports bar or soccer-related industry, it could make sense.)

Still, if some employees who identify closely with a country in the World Cup want to get together in an empty conference room during their lunch hour to watch their team’s match, is it worth saying no? At the same time, will other employees complain when those soccer fans don’t return to their stations on time?

World Cup at Work

Each company will have to make its own decisions about whether to let employees watch the World Cup and other major world events at work. There’s no perfect one-size-fits-all solution. The goal (pun intended) is to optimize productivity and morale during an event that most of the world becomes obsessed with every four years.

For more about the tournament, go to FIFA’s website.

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Dress Code

Dress Code Do’s and Don’ts

Most employers have a dress code to guide employees’ workplace appearance. Dress codes vary from casual to business formal, usually depending on how often employees interact with clients or customers. Certain workplaces, such as factories or restaurants, have dress codes that emphasize safety and hygiene.

Dress codes encourage employees to dress appropriately while representing the employer. However, employers must be careful to ensure their dress codes do not directly or indirectly discriminate against employees. Plus, there are other specific legal considerations.

Here are some quick thoughts to help you review your company’s dress code for potential problems.

Do’s

  • Have a written policy that all employees receive and sign off on. It is helpful if the policy includes specific examples, such as allowing heels, but not open-toed shoes.
  • Enforce the dress code equally across your organization and have a system in place for addressing dress code violations.
  • Allow exceptions for employees based on their religious beliefs.
  • Consider establishing a uniform if it is important for customers to quickly identify employees.
  • Consider the safety and hygiene needs of your workplace. For example, certain workplaces prohibit dangling jewelry for safety purposes. And consider prohibiting strong perfume/cologne if some of your employees have sensitivities.

Don’ts

  • Don’t set different standards for men and women without a legitimate business reason for doing so.
  • Whether your workplace is unionized or not, you usually cannot legally ban union buttons in the workplace. Consult with an experienced labor attorney before addressing this topic.
  • Don’t set the expectations too low (i.e., too casual) that they undermine workplace productivity. Some clients will still expect a reasonable level of professional appearance, and unkempt attire can make coworkers uncomfortable.

Other Dress Code Considerations

  • Union contracts may limit employer discretion regarding dress codes.
  • Most employees favor more casual dress codes. Perks such as “casual Fridays” can help in competitive recruiting.
  • Transgender situations are raising new questions in applying dress codes. The law is still developing in this area.
  • Consider distributing a survey before enacting a new policy to get feedback.
  • You can have two (or more) sets of rules that depend on whether the employee will interact with a client or customer that day or other appropriate business circumstances.

Summary

This is only a brief overview of some potential employee dress code issues. Employers should ensure their dress codes will not leave them open to discrimination complaints and tailor them to the specific needs of their workplace.

Even with this guidance, there are still many areas of uncertainty and complexity in drafting compliant, yet effective, workplace policies. You should involve an experienced employment lawyer in that process.

Vacation Pay New York

Vacation Pay in New York

Vacation pay is a typical employee benefit throughout the United States. In New York, however, like most states, employers do not have to give their employees paid vacation. Consequently, New York employers have discretion in how they structure their vacation benefits. But once they establish a vacation plan, employers must follow it.

Click here for some other items to review in your Employment Law Check Up.

New York Vacation Pay Law

Again, New York law does not require employers to give their employees vacation time. However, employers who offer paid vacation must notify employees of the applicable policy in writing.

Employers must follow their existing vacation pay policy. If, for example, the policy says that employees will receive unused vacation pay upon separation of employment, then the employer cannot withhold the vacation pay by arguing the employee engaged in misconduct. However, if the policy specifies that unused vacation time is forfeited upon termination, then employees do not have a right to a vacation payout. If the employer’s policy does not address separation of employment, or there is no written policy, then the Department of Labor will take the position that the employee is entitled to a payout of earned vacation time.

Generally, employers may revise their vacation pay policies. In doing so, employers should avoid taking away earned vacation time without adequate compensation.

Employees may also receive contractual rights to vacation pay through individual employment agreements or collective bargaining agreements. Employers may not be able to modify these easily.

Structuring Vacation Benefits

Employers take different approaches to paid vacation.

Some companies allow different numbers of weeks of vacation pay based on length of service. This often ranges from approximately one to four weeks per year. Eligibility may also vary between full- and part-time employees.

Some companies combine vacation and other forms of paid leave into one category—PTO, or paid time off. Employees receive a specified number of PTO days (or hours) to cover absences. This may include or be separate from sick leave.

There are also different accrual methods. Sometimes employees receive all of their annual allotment on the first day of the year. Under other systems, employees accrue vacation pay on a daily, weekly, monthly, or another basis.

Most employers require supervisor approval, ideally with reasonable notice by the employee. This helps avoid too many employees being on vacation at the same time.

Different methods work for different organizations. There is no one-size-fits-all “best” approach. This is one area where employment law, at least in New York, allows employers considerable flexibility to meet business needs.

Check Your Vacation Policy

Take this opportunity to review your organization’s vacation pay policy. Does it still meet your needs? Does it address what happens to vacation time when employment ends?

A well-designed vacation policy can improve employee morale while maintaining productivity. A weak policy can lead to workforce shortages or fatigued employees. Consider many factors, including past experience. If the current vacation pay policy isn’t producing the desired balance, then changes may be appropriate.

Experienced employment attorneys can assist in policy design. They can both offer alternatives that have worked in other organizations and edit policy language to help avoid unintended consequences.