What's in this punch?

NOTE: This post was originally published in 2013 and has been updated with new information. 

The holiday season is upon us. Many employers are planning office parties or allowing employees to plan parties. You’ve heard the stories of bars being liable for their patrons after they leave the establishment or parents who have allowed parties to take place at their homes. These same liabilities are being applied to employers who serve alcohol at office parties.

Party on!

A 2015 survey conducted by the Society for Human Resource Managers (SHRM) found that approximately 59 percent of companies having holiday parties plan to serve alcohol. Less than half of those plan on regulating alcohol consumption by employees. While the parties can serve as an employee reward, team building, or morale booster when alcohol is involved they can also set the scene for inappropriate behavior and/or injuries. The aftermath of which employers have to deal with or could be held liable.

Many employers seek to hold the functions at offsite locations to further enhance or show commitment to the employee event. The location doesn't release the employer of liability and may sometimes encourage inappropriate behavior by employees as the offsite location and alcohol consumption lower inhibitions.

In the most notable case to date, a California Appellate court ruled in August of 2013 that an employer was liable when an employee caused a fatal accident after becoming intoxicated at the employer sponsored party. The ruling was based on vicarious liability and the employer’s responsibility for their employee’s actions. Not all courts may rule the same in all situations, but the precedent has been set.

Why take the chance with your livelihood?

The possibility of legal action should not dampen the festivities or cause employers to cancel parties. Employers have to be aware of the issues and plan accordingly. A little preparation and foresight now may save a lot of money and heartache later.

When planning the party, consider the need to serve alcohol. If alcohol is served manage the consumption by setting limits. Do not pay for alcohol at offsite locations. Arrange alternative transportation for those who do consume.

Review company policies, update as needed, and publish. Ensure employees are aware and reminded of policies regarding alcohol consumption, harassment, and behavior. Make sure social media policies are up to date and include information about the posting of photographs/videos and are sensitive to privacy concerns.

Every effort you make will help later if you were to be sued.

Employee monitoring

German clockmaker Peter Henlein developed a clock that could be worn around one’s neck in the early 1500’s. Called the Nuremberg Egg, the device had a miniature torsion pendulum and coil spring that allowed it to keep fairly accurate time. Since then humans have been obsessed with wearable devices to provide feedback and information on everything from the time to the weather to biometric data. Today’s technology adds the ability to track the device and by association the wearer.

GPS

GPS technology hit the public aviation sector in the 1980’s. In the 1990’s automakers began installing GPS navigation services in their vehicles. Once navigational systems were installed it was a short leap to use the GPS data to track where the vehicle had been by downloading the data. The next step was live tracking of the vehicle, which is commonplace today for most fleet operations and emergency services. The miniaturization of the technology allowed GPS services to be installed in phones and wearable devices.

Businesses have been tracking their fleets for some time. Not only as an accountability measure but also as a way to collect and analyze data to improve routes. In the last several years, companies have been using GPS data from Smartphone’s to track employee locations. Most recently, companies have been issuing employee wearable devices that not only track their location but also performance and sometimes health data.

Wearable devices have become a $15 billion a year market, mostly charged by the introduction of the Fitbit in 2009 and the Apple watch in 2015. As with fleet tracking, business is not missing out on the ability to track employees.

Managers can monitor employee location and production to better understand the needs of the workplace. Studies have shown that employees that are tracked do have better performance. There have been myriad studies over the years that suggest workers perform better not because of new technologies but because they are being watched. Which overall benefits the company.

Legal?

There are legal concerns that have been raised, such as invasion of privacy regarding intrusiveness into the employee’s activities and health data. Some of the devices allow the monitors to see biometric data, which could reveal an employee health issue violating privacy laws.

As the courts and laws catch up with technology the question of legality can be gray. Like phone call/text data and location, data from tracking devices are becoming the status quo for evidence collection. Data from tracking devices have been used for years in auto collision court cases. Personal fitness wearable device data has just recently been introduced to the courts in personal injury cases and police investigations.

Most of the questions arise regarding invasion of privacy, especially outside of the workplace. Company owned vehicles, so far, appear to be legal to install GPS devices and track. However, when a company puts a device on an employee’s personal vehicle it gets trickier. Even company owned vehicles could be targeted as any issue or law can be questioned in court.

Company owned Smartphones seem to fall in the category of the vehicles regarding privacy. Employees don’t have much of a case until the employer requires the use of the phone out side of the workplace, during the employee’s personal time.

Wearable devices issued by a company to employees have not yet been used in a court case. Anytime data is being collected, it is only a matter of time before one party uses the data against the other. Whether it is company v. employee or vice versa.

As with any company policy, how the employees are informed of the policy and how it is implemented goes a long way in keeping the business out of court. As cases start to go through the courts and company policy is examined, the court decisions will affect how policy is shaped from thereon. Simply, one bad policy or managerial decision can change the landscape for everyone.

Worker’s rights advocates will be watching the use of wearable technology in the workplace. As with any new rule of law or technological application businesses should be cautious to jump on the bandwagon until they have thoroughly researched the use of such devices and the end goals for collecting the data.

Now that's customer service!

Shopping at BJ’s Wholesale Club recently there was one particular frozen roll product I couldn’t find. I asked one of the food demonstrators, in the area the rolls are usually found, if she had any ideas. She knew what I was talking about and directed me to a couple of possible locations. I checked the areas with no success and moved on, figuring they didn’t sell the rolls any more. While I was in a different part of the store, the lady I had asked for help approached me. She was pushing a shopping cart with several selections of frozen rolls. She had collected the products and tracked me down in the store to see if any of her choices were what I had sought. I had never experienced such a determined attempt by a store employee to ensure customer satisfaction. Directing me to the correct aisle is one thing, but to gather examples and seek out the customer…Amazing!

The store manager had to be told about this employee’s exemplary effort. I guess all the manager hears is negative comments from customers because her obvious reaction when approached was, “What now.” My experience was explained and you could see her expression change. Although a little more enthusiasm could have been displayed. She still had a, What do you want me to do, attitude, making me verbalize that I wanted to document the employee’s actions. The manager directed me to the customer service desk, where I was given a form to fill out and mail in. At my expense and effort. Realizing the same could be accomplished through the BJ’s website I chose that route. I hope the compliment was passed through the system to her.

In these types of situations it seems that the manager should have taken more of an interest in customer satisfaction and positive comments towards an employee.  Rather than direct the customer to another station to pick up a form, maybe the manager could retrieve the form, or walked me to the customer service desk. I know it’s probably their system, just felt the warm and fuzzy feeling dissipating.

Solicit feedback and make the customer feel that their voice, positive or negative, is being heard. Take pride in your job and your employees.

http://www.mazzellainvestigations.com/blog.html