With warm weather and the summer season quickly approaching, the potential for employment law problems heat up in the workplace. From companies operating with lean staffs and finding vacation requests challenging to grant, to skimpy summer fashion that could prompt sexual harassment claims, employment law experts are helping companies navigate through the unique problems the summer months and warm weather can create. For many industries, like hospitality and entertainment, summer can be one of the busiest seasons—sparking the need to hire part-time employees like teenagers looking to land a summer job. So what should employers do to run a productive summer workforce and ensure they’re still complying with employment-related laws?
Fisher & Phillips workforce law experts lend the following advice to current company leaders:
--Plan Ahead for Vacation Requests. The summer typically brings many requests for vacation that could leave the unprepared employer short staffed. To avoid potential hardships on management, companies should ensure that its employee handbook and vacation policy clearly provide that all vacation requests must be made in advance, must be approved by management and may be denied if granting the request would create a hardship on the company.
--Prevent Harassment in the Hot Summer Sun. In the summer months skirts often get shorter, tops get tighter and more revealing and flip flops become the footwear of choice. Employers considering relaxed summer dress codes must be especially vigilant for the kinds of comments and horseplay more revealing attire might generate. Employees should be reminded of anti-harassment and other employee conduct rules when allowing more relaxed seasonal dress codes. Regardless of a company’s appearance standards, it is imperative to have a solid written policy that is consistently enforced, especially during the summer months when casual dress could lead to a sexual harassment lawsuit.
--Protect Against Liability When Hiring Summer Temps. Many companies rely upon short-term staffers to help get through the craziness of the summer season. However, in today’s era of rampant litigation, employers have become a target and must be aware of the legal liabilities they face when dealing with temporary employees. For example, job advertisements should state that the position is a temporary one, and employers should not guarantee a specific length of employment. In addition, if you’re hiring people to work on a holiday or odd hours you should say so up front.
--If Hiring Teens, Know Child Labor Issues. As the end of the school year approaches millions of students will be looking for summer jobs to earn money, gain experience and put a line on a future résumé. But hiring staff under the age of 18 comes with specific labor laws to follow, such as limitations on work hours or the number of hours worked within a specific time period. In-depth knowledge and understanding of the state’s child labor laws can safeguard employers against costly legal actions before they occur.
--Prepare for Summer “Sick” Days. It’s no secret that employees conveniently seem to get “sick” on the perfect beach day. To prevent against the “summer flu” employers should have a policy regarding whether they will require a doctor's note for an unexpected illness, communicate the policy and enforce it in a consistent manner.
