Happy Holidays, Let's Catch Up

Yes, it has been a while since I have blogged. One of my New Year's Resolutions is to blog much more often. In fact, I am starting NOW!

'Tis the Season, which means many employers are planning their annual Holiday Party. I frequently get calls about whether to have a party or not, serve alcohol or not, after hours or not, etc. Without meaning to sound like a current-day Scrooge, if asked my opinion, I will typically recommend against serving alcohol at a company Holiday Party. And, when that suggestion is met with negative reactions, I offer several suggestions as to what employers can do to minimize their risks of "holiday cheer" becoming "holiday jeer." I recently recorded a podcast on this topic, which can be downloaded via iTunes, or which can be found at http://employerhelpcast.blip.tv/file/523311/. You can also find this podcast, as well as other podcasts I have recorded, at www.employerhelpcast.com., and then click on "podcasts."

One of the things I do recommend is that employees need to be reminded that, even though the party is voluntary (since it really needs to be to have any chance of limiting liability), and off of work premises, and not during working hours, work rules apply. One way that I suggest employers reinforce that behavior is by reissuing their sexual harassment and drug/alcohol policies right before the party. If you would like to see what I recommend these policies look like, you can download my sample policies by going to http://www.employerhelpcast.com/Downloads.html.

While we are on the subject of interesting downloads, I also have posted a new download on my website, all about the "Top 10 Mistakes Good and Honest Employers Make." You can get it, free of charge, by visiting http://www.employerhelpcast.com/Downloads.html

And, since we are talking about drug use policies, I wanted to follow up on one of my earlier blog entries, about "sex, drugs, and rock 'n' roll." At least I would like to revisit the "sex" and "drugs" parts.

As you likely know by now, California finally passed final regulations regarding the sexual harassment training requirements that went into effect. The regulations did a great job of clarifying some of the questions employers had about who needs to be trained, who can conduct the training, what must be included in the training, and how often the training must be conducted. My podcast on this can be downloaded either via iTunes, or can be found at http://employerhelpcast.blip.tv/file/337812/ or at www.employerhelpcast.com.

When talking about "drugs," I am referring to drug use in the workplace. One of the most controversial issues in California relates to the interaction between the compassionate use of medical marijuana and the workplace. On November 6, 2007, the California Supreme Court heard oral argument in the highly-controversial case of Ross v. RagingWire. At issue in Ross is whether an employer must retain as an employee an individual who fails a properly-administered drug test due to the compassionate use of medical marijuana. The oral argument was fascinating. Check out my comments about the oral argument at http://www.employerhelpcast.com/Compassionate_Use_of_Marijuana.html.

That, sort of, brings us up-to-date on some of the new legal issues and developments. Please check out my www.employerhelpcast.com, for all sorts of information about new legal developments in the area of employment law. And, if you would like to hear a podcast on a particular topic or see a blog entry or article, please let me know.

Until I blog again, have a safe, healthy, peaceful and prosperous holiday season.