At the end of the year, workplace holiday celebrations are experiences that many employees look forward to. However, in response to the COVID-19 pandemic, many organizations are evaluating how to engage employees safely this holiday season. Leaders find themselves tasked with deciding whether they should cancel or postpone celebrations, or offer an amended version that prioritizes safety—with many choosing to offer a virtual holiday party.

Considerations for Employers – Holiday celebrations can positively impact employee engagement, but benefits should be weighed against other factors such as financial costs and concerns over safety. For employers choosing to offer a celebration, an event can be comprised of a variety of activities—with many options that can take place virtually.  These include a:

• Secret Santa gift exchange
• Virtual mixer
• Gingerbread house contest
• Ugly sweater contest
• Holiday karaoke
• Online escape room
• Trivia contest

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We have created the following overview PDFs to help you navigate the upcoming legal and compliance updates for 2021.

• Minimum Wage Changes – Almost half of the states have announced new minimum wage rates for 2021.

Link to overview: 2021 State Minimum Wage Rates

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Employees want not only good pay and benefits, but also opportunities to contribute to their employer, customers and other stakeholders through their work, and feel valued and appreciated for their efforts in the workplace. Unfortunately, 65% of employees reported that it had been over one year since they received any form of recognition for their work, according to a Gallup poll.

To help express appreciation, many employers implement ongoing employee recognition programs. A more promising statistic from the Society for Human Resource Management (SHRM) survey revealed that 80% of organizations have an employee recognition program in place. The goal of employee recognition is to reinforce certain behaviors, practices or activities that result in better performance and positive business results. It comes down to acknowledging and appreciating exemplary performance.

While most would relate rewards and recognition to monetary bonuses or award ceremonies, employee recognition or appreciation doesn’t have to be that expensive or glamorous. Praise can be as simple as a pat on the back or a genuine compliment. Just as informal, a thank-you email or a friendly greeting in the workplace can go a long way with employees too.

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An employee’s well-being is defined by various factors, both inside and outside of work—including physical, mental, social and financial well-being. Overall well-being is something that employees desire but can be challenging to achieve. Not only can employees who achieve well-being thrive in their personal and professional lives—they offer immense benefits to organizations.

The good news for employers is that the efforts they take to ensure employee well-being can not only help their employees and their bottom line, but are also very attainable. A Harvard Business Review survey found that 95% of employees feel that their organization has at least some control over employee well-being, with 38% reporting that they feel their organization has a high degree of control.

In response to the coronavirus pandemic, many employers find themselves revamping their remote work arrangements. According to a study from PwC, 55% of executives plan to have employees work remotely at least one day a week post-coronavirus. Likewise, the same survey found that 72% of employees would prefer to work from home at least two days a week. While some employees may desire to go back-and-forth between an on-site and remote location, 32% of employees reported that they would prefer to work entirely remotely. That means that, as leaders plan to achieve a high level of employee well-being, remote employees should be accounted for.

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With Joe Biden on pace to become the 46th president of the United States, employers can expect several changes to the workplace legal landscape over the next four years. Here are the TOP 5 expected changes following Biden’s inauguration on January 20, 2021:

1. Affordable Care Act (ACA) – President-elect Biden has pledged to strengthen the ACA including an expansion of coverage to more uninsured and underinsured. The Supreme Court’s decision in California v. Texas, which has the potential to significantly affect the future of the ACA, is expected in early 2021.

2. Employee Leaves of Absence – The U.S. workforce is anticipating the introduction of a new federal paid leave law.  Although the nation got a glimpse of temporary federal paid leave under the Families First Coronavirus Response Act (FFCRA), a new program could provide employees with up to 12 weeks of paid time off.

3. Labor Relations – Biden has been vocal with his eagerness to bolster union representation including additional protections for organizing activity and new appointments to the National Labor Relations Board (NLRB).

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Each year, the Kaiser Family Foundation conducts a survey to examine employer-sponsored health benefits trends. On October 8, 2020, Kaiser released this year’s survey results – the following notes summarize the main points of the 2020 survey:

Worker Contributions – The average worker contribution toward the premium (payroll deduction) was 17% of the total premium for single coverage and 27% for family coverage. Employees at organizations with a high percentage of lower-wage workers (where at least 35% make $25,000 or less annually) made above-average contributions toward family coverage—35% vs. 24% when compared to employees at firms with a smaller share of lower-wage workers. In terms of dollar amounts, workers contributed $1,243 and $5,588 per year toward their premiums for single coverage and family coverage, respectively.

Plan Enrollment – The following were the most common plan types in 2020:

• Preferred provider organizations (PPOs)—47% of workers covered
• High deductible health plans (HDHPs)—31% of workers covered
• Health maintenance organizations (HMOs)—13% of workers covered
• Point-of-service (POS) plans—8% of workers covered

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On September 30, 2020, the Occupational Safety and Health Administration (OSHA) published two additional answers to its list of COVID-19 frequently asked questions (FAQs). The new answers clarify when employers must report COVID-19 in-patient hospitalizations and fatalities.

Reporting Hospitalizations – OSHA requires employers to report in-patient hospitalizations only if the hospitalization occurs within 24 hours of an exposure to COVID-19 in the workplace. As a result, employers must report COVID-19 hospitalizations only if the hospitalizations are:

• For in-patient treatment; and
• The result of a work-related case of COVID-19.

The report must be submitted within 24 hours of the time the employer determines there was an in-patient hospitalization caused by a COVID-19 case. Hospitalization for diagnostic testing or observation only is not “in-patient” hospitalization.

Reporting Fatalities – OSHA requires employers to report fatalities that occur within 30 days of an exposure to SARS-CoV-2 in the workplace. Fatality reports must be submitted within eight hours of the time the employer learns that the fatality took place and that it was due to a work-related exposure.

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Election season is upon us and we’re likely to see some heated discussions. We also need to be ready for employee time off requests to vote during work hours.

Keeping Political Discussions Civil at Work – Political discussion has and will continue to be a reality in many work environments. Work can already be a stressful place for many, with political discussion adding an additional stressor for employees—and in many cases, an additional concern for employers. While disagreement in and of itself isn’t always a detriment to all workplaces, political discussion can negatively affect the work environment for many employees.

• Address expectations—Employers can focus on clarifying what expectations are and how employees can engage civilly. Employers can also clarify what their policies are for political discussion.
• Focus on behaviors, not beliefs—Focus on what behaviors are appropriate—rather than what employees should believe or think. Employers should clearly outline what types of behaviors are not welcome, while avoiding providing direct or indirect guidance on how an employee should feel about political issues.
• Encourage respect—The reality is that not all employees will agree on every topic—whether work-related, personal or political. Employers should focus on encouraging employees to respect each other and their thoughts—even if they disagree.
• Lead by example—Should leaders endorse specific political parties or political candidates—or behave heavily partisan—it may have an impact on the norms of the workplace culture. Employees who feel differently may not feel comfortable speaking up. To that end, these same employees may even feel that their personal views could hold back their careers in the workplace. If leaders showcase desired behaviors, that can help set the expected behaviors within a company culture.

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The coronavirus pandemic has changed what a normal day looks like for many across the country. And the pandemic has also increased the stress of many Americans. Prioritizing mental health and well-being in the face of a pandemic, which has caused many to lose their jobs or work from home, is something that every single person should be doing, but it often falls by the wayside.

More than 1 in 5 Americans have diagnosable mental disorders at some point in their lives, yet only about half of those individuals receive professional mental health treatment. A study from the Mental Health in the Workplace Summit also found that mental illness is the leading cause of disability for U.S. adults aged 15 to 44 and that more workdays are lost to mental health-related absenteeism than any other injury or illness.

Given its prevalence, you can expect that employees at your organization are experiencing mental health challenges or mental illness. That’s why it’s so important that your organization creates a culture that supports employees’ mental health. While this may sound complicated, creating a workplace that is supportive of mental health and illness is easier than it seems. Here are five simple ways that your company can support employees and their mental health.

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On August 31, 2020, the U.S. Department of Labor (DOL) published four new opinion letters. Opinion letters provide the DOL’s official position on how labor and employment standards, in this case the Fair Labor Standards Act (FLSA), apply in specific situations.

• Retail Exemption for Truck Drivers – FLSA2020-11 patterns the analysis employers must use to determine whether truck drivers working for a retail establishment qualify for the “retail or service establishment exemption.” While the facts are specific to the gas and oil industry, the underlying principles have greater applicability.

• Use of Personal Vehicle for Business – FLSA2020-12 addresses whether to reimburse non-exempt hourly employees who use their vehicle to further their employer’s business for expenses related to their vehicle, including: gas, oil, routine maintenance and repairs, fixed vehicle expenses, registration fees, license fees and insurance costs not required by the employer.

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