How to Deal With Summer Workplace Issues
With the warmer weather, business owners face several challenging summer workplace issues that may not always have obvious solutions, but should be dealt with proactively and carefully. You should be prepared before being caught at a cross-road and minimize the risk of employer liability. Here are some of the top workplace issues you should plan to address this summer.
Dress Code Violations
Dress code violation tends to increase with the warmer weather. Now is the perfect time to address and remind your employees about your company’s dress code and grooming standards. If your company has a more relaxed dress code, make sure you are specific in your policy and let your employees know what they can and cannot wear. It is best practice to have a dress code or adopt a gender-neutral one unless you have a legitimate need for a gender-specific one. Reminder: As an employer, you may also need to provide reasonable accommodation in the policy for employees with a disability or specific religious belief practices.
All that being said, if you have learned that your employee has violated the dress code rule, you may reconsider what you need to do in such situations or on that day to resolve the issue. Allow employees to wear company shirts or send them home to change.
Heat-Related Safety
Hotter summer weather can pose real risks for employees working outside. In order to help mitigate potential health risks, consider gradually increasing the workload with more frequent breaks to allow your employees to acclimate to the heat. Train your employees concerning heat safety and sunscreen screen, and consider shorter shifts during intense heat, especially if there is a heat advisory. Stay informed of local weather trends in order to help your employees be prepared for upcoming weather. It is advisable to schedule strenuous activities for the cooler parts of the day, like providing plenty of water in the morning and reminding them to drink lots of water often– four cups per hour are recommended. Some states like California have specific requirements for employers to provide recuperation breaks. Make sure you check with your state laws and comply with those requirements. The OSHA website also has further reading on how to recognize heat hazards.
Student Worker Liability
While it is common for students (or minors) to work summer jobs, there are several things to consider. Under the Fair Labor Standards Act, the minimum age to work in a non-agricultural job is 14 years old; working in a hazardous occupation for anyone under the age of 15 should be excluded, manufacturing, mining, processing, or working with machines. Some states require proof of age certificates from minors accessed from the State’s Department of Labor or the student’s school district, whereas others require minors to have work permit papers before they begin their employment, with restrictions on the number of hours a minor can work. It is always the best approach to refer to your state’s laws to ensure compliance with specific requirements to hire minors.
On the same note, there are also questions raised about internships. Generally, an employer has to pay interns. However, the State Department of Labor uses the “primary beneficiary test” to determine whether an employer is required to pay an intern minimum wage for their work depending on whether the intern is legally considered an “employee.” Courts consider the “economic reality” of the intern-employer relationship to decide whether the employer or the so-called intern is the “primary beneficiary” of the relationship. When it is determined that the intern is not the primary beneficiary, the employer must pay the intern as an employee.
To learn more about the specific requirements of hiring interns, check out the Society of Human Resource Managers’ website.
Furlough due to Slow Business
Sometimes to adjust to slower business during the summer, employers consider implementing furlough, where employees are placed on a temporary but mandatory unpaid leave. It is a decision that needs to be taken up carefully; keep pay requirements in mind, and how the impact will be on your employees depends on whether they are exempt or non-exempt.
For non-exempt employees, you must pay for all working time, even if it was not authorized in advance. If there is no work during the furlough, pay is not required. For an exempt employee, the full predetermined salary amount for any work week in which the employee performs any work without regard to the number of days or hours worked. Some states have additional requirements for furlough, length of the furlough, and the employee’s work history, as some may be eligible for unemployment benefits. Hence, communicate with your employee and give advance notice and information, if required.
I hope these tips on dealing with summer workplace issues help as you manage your business. Preparation is always the key to a smooth and productive summer. As is always the case, if you have a question, we’re here to help!
