Every year on Black Friday, millions of Americans get up early to queue outside their favorite retailers. But what about the employees who work behind the store’s doors?
What you’ll discover:
Appropriate Payment
Crowd Management
Employee Security
Consider this: where will you be the morning after Thanksgiving? If you’re anything like me, you’re picturing yourself curled up behind a blazing fire, still recuperating after a hearty dose of Americana: turkey, pie, and football. Millions of other Americans, on the other hand, intend to spend their Thanksgiving morning queuing outside their favorite retailers, bracing for the approaching winter weather and eager to get their hands on the greatest Black Friday discounts.
But what about the employees who work behind the store’s doors?
Every year, store clerks sacrifice their Thanksgiving vacation to stock item after item in anticipation of the stampede of turkey-stuffed consumers competing for the latest version of PlayStation. When it comes to employer hazards, unruly crowds are simply the top of the iceberg. Therefore, before you go for that third glass of eggnog, consider the possible hazards you may face as an employer and how you might avoid them this Christmas season.
Table of Contents
Appropriate Payment
Baseball is said to be a fading sport. Consumerism, on the other hand, seems to be eternal. Black Friday has inevitably bled into Thanksgiving Day in response to a market of discount-hungry consumers, providing reasons for families to gather around their neighborhood Best Buy to give thanks to the bargain gods—and even more reasons for employers to double-check their payroll and accounting.
So, what’s the deal? There are two answers:
Government Holiday
Since Thanksgiving is a federal holiday, you may assume that you must pay your workers “time and a half” (hourly wage plus 50 percent). In truth, federal law does not compel you to compensate your staff for working on a holiday. This is particularly true for retail and hospitality industries, where holidays are treated like normal workdays. Of course, everything is subject to your Employment Contract.
So what if your employee chooses to take the day off for Thanksgiving? If you are an employer that does not give paid holidays (check your Employee Handbook and ask yourself: have we become the modern-day Scrooge? ), you are not required to compensate them for that day of missed work. Employers are required by the Fair Labor Standards Act (FLSA) to pay solely for hours spent.
Overtime
Since your staff may be working longer hours than normal to fulfill the demands of frantic shoppers, it’s critical to understand the distinction between exempt and nonexempt personnel. Overtime compensation is available to non-exempt employees, which includes the majority of retail and hospitality workers. This implies that if your employee works more than 40 hours over the Thanksgiving holiday, they are entitled to “time and a half.” Failing to comply with this legislation may result in noncompliance penalties such as back payroll taxes or other significant monetary fines.
Crowd Management
A Wal-Mart employee was killed in a tragic Black Friday stampede in 2008. A horde of consumers blasted their way into the store just minutes before it opened, crushing scores of employees in the process. Numerous workers took shelter on the tops of vending machines, while others were knocked unconscious but escaped. Jdimytai Damour, a labourer, died of a heart attack after being crushed and attempting to gasp for air.
The Occupational Safety and Health Act of 1970 (OSHA) established crowd control safety requirements in reaction to this sad tragedy and other awful tragedies that may have been avoided. It provides a complete checklist for “planning,” “pre-event preparation,” “during the sales event,” and “emergency scenarios.” It is critical that you read and comprehend this information sheet in order to ensure that you are doing all necessary to establish a safe shopping environment for your customers and workers. If you do not, you may risk a premises liability claim if someone is injured in your business or office.
Employee Security
OSHA regulations provide a safe working environment for both employees and consumers. Yet, in addition to these tips, you should assist your staff in preparing for an unexpected shopping season.
You should urge your staff to take the following proactive steps:
If you believe a situation is becoming hazardous, notify someone, preferably a supervisor.
Know where the security crew is stationed and how to contact them if assistance is required.
Wear shoes that are both comfy and grippy.
It is critical to inform your staff that they are not legally required to jeopardize their physical safety. Proper planning may assist to alleviate anxiety, and constant communication can help to manage any possible dangers over the hectic Christmas season. Check in with your personnel on a regular basis. Determine if there is anything you can do to assist in the resolution of any developing concerns or worries.
If you’re still undecided, that’s OK. There’s still time to prepare and plan for the year’s largest shopping weekend, and we can help. We have hundreds of legal papers from which to pick, and you may put your Black Friday plans in writing. Go ahead and Ask a Lawyer if you have a query. Our legal professionals are standing by to respond to your inquiry within one business day.
There’s too much at stake, from negative PR to litigation, to just not care. So go ahead and set aside that third serving of eggnog and begin your risk mitigation preparation for Black Friday. After that, there will be plenty of time to rejoice.
