A bit of advice for employers at Thanksgiving
Here's a list of frequently asked labor law questions and answers that may pop up as turkey day approaches.
As this, the last “teen” year of our century comes to a close, Thanksgiving provides a time for employers to reflect on their misspent youth and look with hope toward a more mature future. As you order your oversized turkey and browse Pinterest for fall-themed tablescapes, don’t forget that your employees may also require some extra attention this time of year. With this goal in mind, I’ve compiled a list of frequently asked labor law questions and answers that may pop up as turkey day approaches.
Related: Supporting employees through the holidays (and beyond)
- Can employees be required to work on Thanksgiving?
Although Thanksgiving is a federal holiday, there is no specific labor law preventing companies from staying open for business and requiring employees to work. Over the last five years, many companies (and particularly retailers) began to roll out plans to increase their sales by opening early for Black Friday. Fortunately, according to the Society for Human Resource Management, the vast majority of organizations close for Thanksgiving. Indeed many retailers, including Costco, Home Depot, Nordstrom and Sam’s Club, are keeping their doors closed this Thanksgiving to allow their workers to spend the holiday with family.
- Are employees entitled to overtime pay for working on Thanksgiving or Black Friday?
While many employers do offer premium holiday pay, there is no legal requirement to do so. Federal law treats a holiday as it would any other business day of the year. However, don’t forget that FLSA requires employers to pay overtime to nonexempt employees who have worked more than 40 hours in a given work week. So, if your employees’ work on Thanksgiving and Black Friday includes hours over 40, the employees must be paid time and a half for those hours (irrespective of the holiday).
- How early should we prepare for open enrollment?
While not the most festive topic, open enrollment for many employers often takes place in the fall and winter. After you’ve selected your plan, communicate early and often with your employees so they can start to think about their options. Consider asking a plan representative to discuss the plan, in person, with your employees or, as an alternative, analyze the questions you’ve received from employees in the past and prepare a memo addressing those issues. Encourage your employees to consider their benefits options carefully. Employees who are given ample time to mull over their options (while drinking their mulled wine) are more likely to select the option that best fits their needs.
- When should I pay employee bonuses?
Without a doubt, bonuses are strong motivators and can have a big impact on employee performance. According to the Washington Post, many employers are electing to pay bonuses to employees instead of giving raises this year. This is because bonuses (as opposed to pay increases) are finite and have an immediate positive effect on morale. If you have the funds and expect to make a profit, it’s a good idea to pay your employee bonuses before the end of the year. Not only are you likely to reap the benefit of a tax deduction, your goodwill will be particularly appreciated by employees around the holidays.
- How can I host a Thanksgiving office luncheon in the current socio-political environment?
The year 2020 is weeks away and fortunately, cultural sensitivity in the workplace is on the rise. Employers should work to find a way to respect traditions and promote employee comraderie in a fashion that does not perpetuate damaging stereotypes. Avoid decorations and Thanksgiving imagery that reinforce misinformation and stereotypic thinking about Native Americans. Also, avoid gendered division of labor when planning your holiday luncheon. Sure, maybe your grandmother single-handedly served up an amazing Thanksgiving feast year after year. But expecting your female employees to take the lead in preparing your office’s holiday spread is a practice best left in the past.
Without a doubt, the U.S. workforce has a lot to be thankful for this year. The unemployment rate is the lowest it has been in 50 years. Although lower unemployment can increase competition in hiring and retention, employers also report increased employee productivity, bolstered by flexible work arrangements, telecommuting, and the availability of wellness programs. So this Thanksgiving, let’s focus on gratitude and endeavor to carry that feeling into the ’20s.
Brooke Ehrlich is an associate with Weiss Serota Helfman Cole & Bierman in Fort Lauderdale. Her primary areas of practice include employment litigation, labor law, commercial litigation, and appellate law.
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