Avoid Holiday Liability – 5 Tips for Employers in December

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  1. Even if an employee is on the naughty list, wait until a couple weeks into the new year to separate them. Plaintiffs’ counsel will paint employers as especially callous for firing their client right before (or worse yet during) the holidays.
  2. Don’t overserve at holiday parties. I know, bummer. But be mindful that endless free cocktails can lead to indiscretions, which can be costly. Have supervisors attend the party and make rounds with employees to keep workers in check. And end them at a reasonable hour.  
  3. Remind employees that any gifts should be workplace appropriate, including white elephant gifts.
  4. Say happy holidays. Not everyone celebrates Christmas. 
  5. Prepare for and implement the new laws taking effect on January 1, 2023. Remember to train employees on the new rules (for example, HR should be told to list salary ranges in job postings in the New Year).

Stay diligent in December. And Happy Holidays!

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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