Avoid Legal Problems During the Winter Holidays
Ten Tips to Avoid Legal Problems During the Winter Holidays
Are you a gift purchaser, gift card purchaser, or employer? Perhaps you are an employee, Government worker, airline traveler, automobile driver, HOA resident, government official, or separated parent? Believe it or not, your winter holiday may be impacted by the law. Here are some tips on best addressing potential legal issues during the holidays.
1. Gift purchasers: When purchasing gifts in Virginia, be aware that the merchants must notify the customers of their return policy. The notice should be a conspicuous sign in a public area. A sign is not required if the merchant provides a cash or credit refund within twenty days of purchase.
2. Gift Card Purchasers: There are countless class actions about gift cards, but Virginia's laws don't provide much protection. The card has to have a statement of the expiration date or a location where the date can be obtained. The statement also has to give a contact where the holder can get information regarding the diminution of the value of the certificate. Unfortunately, there is little legal protection if the business goes bankrupt. Gift cards are usually treated as an unsecured debt of the bankrupt retailer. So, the consumer may be out of luck.
3. Employers: Are you planning a holiday party? Conduct a risk assessment and detail appropriate safety measures/steps to reduce the risks posed by excessive drinking before the party. Be aware of the potential for unwanted advances, sexual harassment, or acts of violence that may create a future claim for compensation against the employer. If your best efforts to prevent these actions fail, be prepared to take appropriate action, including reporting the accident to the employer's liability insurer. Tip
4. Government Employees: Government employees can plan on having a few days to celebrate during the holidays. The Commonwealth of Virginia recognizes Nov 24 and 25 as Thanksgiving Day, Day after Thanksgiving, Christmas Day, Dec 26, and New Year's Day. The Federal Government recognizes January 2, November 24 and December 26 in 2022.
5. Other Workers: Even if employers don't offer overtime pay for holidays, they must comply with the requirements of FLSA. Employers must pay covered non-exempt overtime premiums for every extra hour if they work more than 40 hours in a workweek. This rule applies whether the worker is paid an hourly rate, salary, piece rate, commission, or any other compensation method. Exchanging paid time off for overtime hours is not permitted under the law. You can report infractions to federal and state labor boards or request that your employer mediate your dispute to arrive at a resolution.
6. Divorced or Single Parents: Create a child-centered parenting plan that will provide your children with the types of values you treasure during your holiday celebrations. Try to preserve the most important traditions of your immediate and extended families, even when the parents are living in separate households. To avoid conflict, create a detailed plan well before the holidays and share it with everyone involved. Mediation may provide an excellent place to meet and discuss details if you need help negotiating the terms.
7. Domestic airline travelers: Since 2020, flying has been full of challenges, including delayed and cancelled flights. In the United States, airlines are not required to compensate passengers when a flight is delayed or canceled. However, it is required if a passenger is bumped from an oversold flight. However, when traveling in Europe or outside of the United States, passengers may be entitled to reimbursements or compensation.
8. Drivers: While enjoying a cup of eggnog or glass of champagne may be part of many winter holiday celebrations, drivers may want to pass. In Virginia, a first DUI/DWI offense is a misdemeanor with a penalty of up to $25000. Mandatory jail time is required when the BAC is a certain level or if there are other factors present, such as a collision or prior infractions. Additionally, the conviction (or refusal to take a BAC) often results in a one-year driver's license suspension. A conviction may also cause an increase in insurance premiums or make it challenging to maintain auto insurance. Some counties provide restorative justice options to be considered in some DUI cases.
9. Government Officials: When deciding on holiday decorations, government officials should check with their counsel to determine the constitutionality of the decorations. While this is a complex issue, the Supreme Court has permitted the state to erect holiday decorations when they: have a secular purpose, have principal effects that neither advance nor inhibit religion, and do not foster excessive government entanglement with religion. Community disputes over holiday displays can be addressed in court but are often better resolved through mediation, where a mutually acceptable resolution for all community members can be explored.
10. HOA residents: Many homeowners associations limit or prohibit specific holiday decorations. The rules may pertain to restrictions on when decorations may be displayed, location, safety issues, and preventing a nuisance. Residents may want to meet with their Board to discuss concerns. Additionally, to comply with the Fair Housing Act, the HOA’s restrictions should be drafted so as not to single out any religion. A better practice is for rules to ally to "all holiday decorations" to be sure that no religion is being singled out. When a disagreement arises, the HOA and resident should consider mediating the conflict before incurring the time and expense of litigation.
If, despite your best efforts, you find yourself in a legal conflict due to activities during the holidays, consider speaking with a lawyer or determining the state agency that is charged with enforcement of a law to protect your rights. Also, consider whether or not the conflict may be resolved with an alterative dispute resolution process, such as mediation. With careful, thoughtful planning, we can minimize risks and enjoy our families, co-workers, neighbors and friends during this special time of the year.