Company Picnic

Janus608 · June 2005

We are having our first company picnic from noon until 4:30. We are providing transportation from our company to the picnic site. Management plans on closing the office and is requiring employees that do not wish to attend the picnic to take "personal time". Our employees are both non-exempt and exempt. What if any, are the legal pitfalls to this type of requirement?

Thanks!!

dixied · June 2005

To my understanding, if you are requiring employees to attend your picnic, they will be covered by your workers compensation carrier for any incurred accident.

Crout · June 2005

For the non-exempt people it's pretty simple: if they don't take the 4.5 hours as Personal Time, they don't get paid for that 4.5 hours. You're not required to compensate non-exempts for doing no work. For the Exempt folks, however, it gets a little tricky. It's not that your requirement is illegal...it's okay to tell exempt staff that they have that option, but suppose one of your exempt people doesn't show up at the picnic, but does not take the 4.5 hours as Personal Time? Would you then dock that person 4.5 hours worth of salary? If you did, that would violate the FLSA, assuming that person did any work at all that week. So if that happens I would treat it as a disciplinary issue, and not mess with that person's salary.

pork1 · June 2005

[font size="1" color="#FF0000"]LAST EDITED ON 06-09-05 AT 07:59AM (CST)[/font][br][br]JANOUS608: I recommend you contact your liability coverage insurance and find out from them what the total legal and risk that are involved. We have now gone away from company sponsored physical activities, etc. The risk was just to great.

Additionally, the boss should not put a stipulation onto how a person will or will not use their PTO if that is a set program/benefit. Your company has announced the office will be closed: "there is no work available for anyone on this date". If someone wishes to use PTO time for this date inorder to get a full weeks pay check, that is alright and falls within the boss's' wishes. However, if I want to take this period of time with "no pay due", that is also my call and should satisfy the boss's guidance. The company by announcing early that the office will be closed, has set up the provision for "no pay due" then let the individual decide their option for pay, and go with it. If they do not use a vacation day, then ok.

Now, the biggest question is what will the companies' position be for those who attend the picnic, will that be a "day of pay for everyone" or a day of pay only for those who are working the event? If it is for everyone a day of pay with no work, then how will the company keep from discriminating against those that choose not to attend????? I suggest that everyone be given either a "day of pay" or "no pay due", unless an individual is assigned particular physical work for the event. Everyone is just that "everyone" regardless of attendance.

"NO pay due" for everone other than working employees will be your "less risk" situation, which makes it a totally voluntary company event. Company loyal employees will be there regardless of pay; everyone knows and can decide on their own to take a day of PTO/vacation or go without any pay for that day.

May your company have a Blessed day for your picnic!

PORK

E Wart · June 2005

Call your insurance broker and let them know what is going on and obtain suggestions from them. I hate to be a spoil sport. (You might even need to get some type of rider on your insurance, or if you are doing some game/activities, have to get releases before employees are able to participate.)
As far as "docking employee's personal time".... I am surprised that the company doesn't sort of "require" all supervisors to attend, unless conflict. Are family members invited or just employees? (could create child care problems.) If you do have some that don't want to come, find the most experienced/trustworthly employee and have them stay and supervise and keep the business open. I bet you will find people will go when you tell them this.
E Wart

hrdir03nafcu · June 2005

We do a similar number w/ our annual staff picnic-- those who don't go to the picnic are required to either stay at the ofc and work the full day, or use their leave. (We don't want it to just turn into a de facto 1/2 day off, and no one shows up at the picnic.)

As others have said, there's no issue w/ non-exempt EEs: they either use leave (or stay and work) or don't get paid if they don't go to the picnic.

For Exempts, it's a little more complicated, but the new DOL guidance on this issue allows an ER to require exempt EEs to use accrued leave for absences of less than 1 full day. You can't dock their pay-- but you could require them to use their accrued leave if they don't go to the picnic.

However, if you're going to require them to use leave for partial day absences, this would of course need to be reflected in your policy BEFORE you start to enforce it.

lhill · June 2005

We also close early for our picnic, and those who choose not to attend stay and work till closing.

Linda

System · June 2005

You also need to consider the fact that by providing transportation, should there be an accident (God forbid), you most likely will incur liability. Why are you providing transportation instead of having employees drive themselves??

Company Picnic

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