Workplace Christmas Quiz (this is legit and will secondarily eat up some time before you get to go home)

December 24th, 2018 by Robin Shea at Constangy


Ralphie slide

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).

 

Workplace Christmas quiz!

Robin Shea

Happy holidays, with an employment law twist.

1-Macy’s parade Santa Claus was fired and replaced by Kris Kringle after he drank too much and got tangled up in his whip. The original Miracle on 34th Street was made in 1947, long before we had an Americans with Disabilities Act. If Macy’s had a parade Santa today who showed up drunk, what should it do? Assume Santa is an alcoholic. As we all know, alcoholism is an ADA-protected disability.

A. Same as in 1947. Fire him.

B. Don't fire him for being drunk, but fire him for animal cruelty. The nerve of him, using a whip on those poor reindeer!

C. Make reasonable accommodations for Santa's disability by providing him with a thermos full of hot buttered rum while he rides in the parade.

D. Don't give Santa any more to drink, but unwind him from his whip and let him stay in the parade as a reasonable accommodation. He'll sober up by the time he gets to his castle.

ANSWER: A. Even though alcoholism is an ADA-protected disability, an employer is not required to tolerate drunkenness on the job as a reasonable accommodation. 

2-If Bob Cratchit were performing clerical duties for Scrooge and Marley in modern-day America, would he be FLSA-exempt, or FLSA-non-exempt?

A. Exempt, because he receives a salary and is very professional. Overtime? Bah humbug!

B. Non-exempt.

ANSWER: B. Sorry, Scrooges. Bob is non-exempt. Even if he gets a salary and acts professional.  

3-Everyone knows that Santa travels around the world delivering toys and goodies to little children on Christmas night. Assuming his round-the-world trip takes 24 hours, and assuming U.S. wage and hour laws apply, how should his elves be paid?

A. The 8-and-80 rule applies in this situation. The elves would get straight time for 8 hours and overtime for 16 hours. Then, for the two-week pay period, they'd get overtime for any hours in excess of 80.

B. Straight time for all hours worked, except for the hours that they're flying over California, which has daily overtime. And, of course, if their total hours for the workweek exceeded 40, then they'd get overtime for those extra hours. Oh, and when they cross the International Date Line, it'll be tomorrow, so they'll get an extra 24 hours' pay, so, yeah, they definitely get overtime.

C. All 24 hours are non-compensable travel time under the Portal-to-Portal Act.

D. Nothing. The elves are done working on Christmas Eve. They're at home sleeping while Santa and his reindeer deliver presents.

ANSWER: D. Read more carefully!  :-)

4-Santa’s helpers at Higbee’s department store willfully and wantonly, and with malice, pushed Ralphie down a slide. If Ralphie had been seriously injured, under what circumstances would the store (as opposed to Santa’s helpers) be liable for his injuries?

A. Never. Santa's helpers were independent contractors, not employees. Higbee's has no responsibility for their bad behavior.

B. Always. Santa's helpers were acting within the course and scope of their employment with Higbee's when they shoved poor Ralphie down the slide.

C. Higbee's is legally responsible if it ratified the behavior of the helpers -- for example, by taking no action against them after learning of their intentionally tortious conduct.

D. Always. A Santa slide is a dangerous instrumentality which requires a higher duty of care.

ANSWER: C is the best answer. For B to apply (respondeat superior), the helpers would have to be employees of Higbee's, and Ralphie's injuries would have to have been caused by the helpers' negligence rather than intentional misconduct. 

5-Is a very shiny nose -- so shiny you could even say it glows -- a “disability” within the meaning of the Americans with Disabilities Act?

A. Of course not. This is the dumbest quiz. Robin must have started hitting the eggnog early.

B. Yes. A big shiny nose substantially limits one in the major life activity of sniffling.

C. Not unless and until Rudolph asks for a reasonable accommodation.

D. Yes. Even though the shiny nose did not substantially limit Rudolph in an ADA-recognized major life activity (or major bodily function), all of the other reindeer "regarded" him as having a disability. Therefore, it's a disability.

ANSWER: D, in all likelihood. And Rudolph has one heck of a perceived disability-harassment claim against those other reindeer (Santa, too, if Santa knew or had reason to know of the harassment).

6-If an employer plays “Baby, It’s Cold Outside” at a 2018 workplace holiday party, is that sexual harassment? (Hat tip to my law partner Bill McMahon)

A. Not unless that guy talks that lady into staying for one more drink.

B. Yes. Creepy song. #MeToo. #TimesUp.

C. None of the above.

ANSWER: C. Wet blanket lawyer that I am, I wouldn't recommend playing "Baby, It's Cold Outside" at a workplace party after this year's brouhaha about it. But doing so wouldn't be sexual harassment. At least, I don't think so. Would it?

7-Does the Grinch remind you of anyone you work with?

A. Yes.

B.  No.

C. Nobody at work, but I do have this curmudgeonly uncle . . .

ANSWER: There is no right or wrong answer to this one, so everybody gets a point. Merry Christmas!

HOW'DJA DO?

6-7 correct: You have been oh, so good. Santa Baby will slip a sable under your tree . . . and a '54 convertible, too. Light blue.

4-5 correct: You've been good, for goodness' sake! Santa Claus is definitely coming to your town.

2-3 correct: So-so. You can have some folderol, and gifts that matter not at all.

1 correct: You're gettin' nuttin' for Christmas.

Just kidding! You all did great. Happy holidays!





Can't find what you're looking for?

Sign up for free to gain access to our complete HR Library


Free Webinar
Zoinks! Generation Z joins the workplace

August 8th, 2019 at 11:30am CDT

SHRM & HRCI certified

Related posts

Measles in the workplace – just the FAQs ma’am

On May 17, 2019, the Centers for Disease Control and Prevention (CDC) reported that 880 individual cases of measles had been confirmed in 23 states across the country in 2019. According to the CDC, the current outbreak of measles represents the greatest number of cases reported in the United Stat...

Obesity - disability, impairment, disease? Depends

Does Obesity Qualify as a Disability Under the ADA? – It Depends on Who You Ask (US) According to the most recent data from the Center for Disease Control, more than one-third of American adults are obese.  A person is considered obese when their weight is higher than what is considered as a h...

"Fat shaming" at work can cost more than money, a lot of money

"Fat shaming" costs employer big bucks Buff employers, beware! A jury recently awarded $500 grand to a restaurant server in Las Vegas for intentional infliction of emotional distress. The server claimed that a sign calling him "Fat Andy" was posted at his wait station and was left there for...

Depression – what can an employer do?

Depression is an illness. Depression can be treated. Depression should not be ignored. And the holidays can carry lots of triggers: sentimental memories, loneliness, less sunlight, changes in diet/routine, alcohol at parties, end-of-year timelines at work, unrealistic expectations. What can...

Disability – Dr. or employee approved?

This blog was written by Fiona W. Ong at Shawe Rosenthal, author of our Maryland Human Resources Manual. You can find the original blog and their E-Updates on their website.  Listen to the Employee, Not Just the Doctor, Regarding the Employee’s Disability Fiona W. Ong The U.S. Court of A...

Disability/pregnancy practices – what not to practice

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).   Employers,...

Bad mix – accommodation request and firing

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).   This ADA a...

I'll take "ADA in 5s?" please Alex

David K. Fram, director of the National Employment Law Institute's (NELI) ADA & Equal Employment Opportunity Services, says there are five words every supervisor should use when it comes to the ADA and reasonable accommodations: "How can I help you?" In Katie Clarey's article for HR Div...

Being at work full time is not an essential function of a job?

This blog was written by Fiona Ong at Shawe Rosenthal, author of our Maryland Human Resources Manual. You can find the original blog and their Labor & Employment Report newsletter on their website.    Full-Time Presence at Work Is Not Necessarily an Essential Function of the Job? F...

Treating service animal requests (always treat the animal)

Service animal pop quiz (yes/no): The ADA permits assistance dogs to be with their person where members of the public can go (yes) The ADA requires service dogs to be professionally trained (no) Minature horses are covered under the ADA and Great Danes can be the size of miniature horse...

Job tasks and essential functions under the ADA

This blog was written by Richard R. Meneghello and Myra K. Creighton at Fisher Phillips, which authors several of our resources. You can find the original ADA Flurry II article, the original ADA Flurry I article and their On the Front Lines Workplace Law Newsletter (which is excellent) on their w...

No, you can't sleep on the job

This blog was written by Shelby Skeabeck, formerly of Shawe Rosenthal, author of our Maryland Human Resources Manual. You can find the original blog post here and their Labor & Employment Report newsletter (which is excellent) here.   No, You Can’t Sleep on the Job, Especially when it’s...

"We need to talk" isn't any easier to say than to hear

This blog was written by Mathew Parker at Fisher Phillips, which authors several of our resources. You can find the original here and their On the Front Lines Workplace Law Newsletter (which is excellent) here.   We Need to Talk: 5 Tips For Conducting Difficult Workplace Conversations ...

PS: PTSD IRL*

Obvious fact: you want to make sure your employees are taken care of. Not so obvious fact: some of them might be suffering from Post Traumatic Stress Disorder (PTSD). Possibly even shocking fact: your workers’ compensation plan may cover PTSD treatment. Want to learn more about PTSD in t...

Is the employee "disabled" under the ADA?

This blog was written by Richard R. Meneghello and Myra K. Creighton at Fisher Phillips, which authors several of our resources. You can find the original here and their On the Front Lines Workplace Law Newsletter (which is excellent) here.   Flurry Of Recent ADA Cases Can Be Instructive Fo...

How to approach an employee showing signs of cognitive decline

Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for him in the past. His performance was solid for years but started declin...

What is the ADA?

This blog is an excerpt from our book An Employer's Guide to FMLA and ADA, authored by Nancy Van der Veer Holt at Ford Harrison LLP. For more state specific leave information, go to the Products tab above and subscribe to the Human Resources Manual for your state.   The Americans with Disab...

RIF - Reductions In Force Require Initial Fundamentals

Avoiding Discrimination Claims as the Result of a Reduction in Force Although the current economic indicators signal a healthy economy, many experts think that we will experience subdued economic growth in 2019 and 2020. In the midst of these uncertainties, some companies that grew a little to...

One step beyond March Madness

An Employer’s Guide to March Madness March Madness has descended upon employers everywhere. Yesterday was Selection Sunday for the NCAA Men’s Division I basketball tournament, and today, an estimated 40 million Americans will begin filling out their tournament brackets – many of them at work. ...

Why You Should Care About Employment Law

Common Pitfalls for Emerging Companies Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often requires legal counsel. However, th...

MeToo, avoiding women, and the modified Mike Pence Rule

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).   Avoid wome...

Discrimination CHARGE! – Step 3 Cause or no cause, because you gotta do something

This blog was written by Kristin Gray at FordHarrison, which authors our "Hiring, Firing and Discipline for Employers" and "An Employer's Guide to FMLA and ADA". You can find the original blog post and their Legal Alerts on their website.   Help! I Just Received a Charge of Discrimination. ...

Discrimination CHARGE! – Step 2 Go Kim Possible for the investigation phase

This blog was written by Kristin Gray at FordHarrison, which authors our "Hiring, Firing and Discipline for Employers" and "An Employer's Guide to FMLA and ADA". You can find the original blog post and their Legal Alerts on their website.   Help! I Just Received a Charge of Discrimination. ...

Discrimination CHARGE! – Step 1 Don't panic, ask questions

This blog was written by Kristin Gray at FordHarrison, which authors our "Hiring, Firing and Discipline for Employers" and "An Employer's Guide to FMLA and ADA". You can find the original blog post and their Legal Alerts on their website.   Help! I Just Received a Charge of Discrimination. ...

CBD – the oil, not the alphabet, under the influence

What Is CBD Oil and Why Should Employers Care to Know?  Cannabidiol (CBD) is a nonintoxicating compound found in both marijuana and hemp that can be extracted and combined with oil for ingestion or inhalation through the use of a vaporizer. In recent months, retailers in many states have been ...

Temperance in the workplace

We’ve talked at length about the issues of dealing with alcohol in the workplace, but here is a new take: how does an employer deal with a non-drinker? While it seems like a no brainer, we all know that nothing in the employment law world is as black and white as it seems, so check out what th...

If Saint Valentine had a workplace romance policy what would it be

Saint Valentine in the Office: Managing Workplace Romances in the “Me Too” Era Valentine’s Day is right around the corner, what better way to celebrate than to examine the pitfalls of office romances? The “Me Too” era is still in full swing, and it is subjecting employers to more scrutiny than...

Workplace romance red (heart-shaped) flags

Valentine’s Day at the Office—Keeping Cupid off the Clock Ah, Valentine’s Day. The holiday of love. The bottom line of businesses such as flower shops and romantic restaurants may thrive on once-a-year professions of affection and attempts to woo a possible partner or current companion, but ro...

Super Bowl LIII and getting fired from your G.O.A.T.

It’s all fun and games until someone gets fired. It’s that time of year again, at least in Ohio, where the skies are steely gray, the weather is frigid, and it is time to decide if you are rooting for or against Tom Brady as he is set to make his 9th Super Bowl appearance on Sunday. Despite Br...

How to Address an Unflattering Video of an Employee

Memo for Unflattering Social Media Content A PR statement employers may want to save for a rainy day. FOR IMMEDIATE RELEASE Date: TBD (embargo until needed) Contact: Corporate Communications Director Our company is an equal opportunity employer, and we take pride in our diversity. Toda...

Holiday party what-would-you-dos

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).   Second-gue...

Holiday stew – ingredients for a happy and non-litigious holiday

Holiday stew – we all have our own recipe, but the base is almost always the same: booze, mistletoe and a generous pinch of unapproved time off. And be sure you don't have enough time to prepare or clean up. Join Gary Wheeler and Lori Mans for an hour as they provide the ingredients and know-h...

Swearing at work – 7 rules

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers and our New Jersey Human Resources Manual. You can find the original on their Employment & Labor Insider blog (which is one of our favorites and is excellent).   Hostile wo...

NY: Draft model sexual harassment policy/training released

Draft Model of Sexual Harassment Policy/Training Released by the Department of Labor - Division of Human Rights This afternoon, the NYS Department of Labor and Division of Human Rights released the long awaited model sexual harassment policy, complaint form, and model sexua...

Round up stew: sick leave, harassment, non-compete, etc.

This blog was written by Shennan Harris at Squire Patton Boggs. Shennan is a co-author of our Wages and Hours – An Employer's Guide. You can find the original blog post and their Employment Law Worldview on their website.   State Law Round-Up: New Sick Leave, Sexual Harassment Laws and Othe...

Should you give your employees a little Slack – or do they have enough already?

Are Your Employees “Slackers”? How Employers Should Handle Slack—The Increasingly Popular Instant Messaging Application Launched in 2014, Slack is the fastest growing business application in history. For those unfamiliar with this piece of technology, Slack is a cloud-based “team collaborati...