As a small business, it’s challenging to stay on top of effective and efficient people practices. With this in mind, we released a new Small Business Bulletin for December 2023. In the bulletin, we discuss the following topics:

• Year-end HR Activities – The last months of the year are a great time for small businesses to ensure they’re prepared for everything that needs to be done. It’s also an opportunity to evaluate which HR processes organizations want to take forward into the new year and which to leave behind. While certain HR compliance activities must be completed by the end of the year, small businesses can also use this time of preparation to focus on tasks that will set their organizations on the right course for next year.

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The traditional concept of a vacation often involves escaping the daily grind and relaxing in a faraway destination. However, the landscape of work and leisure has recently been transformed, with remote and hybrid work becoming more prevalent. This shift has led to workcations, where remote employees take vacations while still working, and “hush trips,” which are workcations not disclosed to the company.

Even before the rise in hybrid and remote work arrangements, it was common for workers to add paid time off (PTO) to their scheduled business trips. That could include taking some personal time off while already traveling somewhere for work or bringing along their friend and family while they’re traveling.

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A recent report by JLL, a global commercial real estate and investment management company, found that U.S. workers now spend an average of two days per week in the office. This is consistent with recent findings from management consulting company McKinsey & Co. that revealed spending half of working time in the office was the ideal setup for hybrid work, balancing employees’ wants and expectations of flexibility with the isolation of working remotely full-time.

Survey Findings – JLL reported that 87% of organizations are encouraging employees to work on-site at least some of the time. In fact, just 20% of employees work fully remotely or fewer than two days in the office per week, a decrease from 39% two years ago. This indicates that hybrid work is likely to remain popular as organizations increasingly push employees to return to the office in 2024.

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We recently released a new checklist that outlines the steps to help employers comply with federal and state fair employment laws that affect the process of interviewing job applicants. The checklist also includes general information about laws that protect applicants against discrimination based on certain personal characteristics, disabilities, and medical conditions, as well as laws that aim to promote equal pay by prohibiting questions about an applicant’s past salary or wages.

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California Prohibits Questions About Off-duty Marijuana Use – Almost a year to the day after enacting Assembly Bill (AB) 2188, which provides employment protection for job applicants and employees who use marijuana outside of work, California has enacted additional new protections related to legalized marijuana. Specifically, Senate Bill (SB) 700, enacted Sept. 19, 2023, adds protections against marijuana-related questions for job applicants. Both new laws go into effect on Jan. 1, 2024. Read more: California Legal Update

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Federal, state, and local governments adopt labor and employment laws to protect the rights, health, and compensation of workers. As a general rule, federal laws supersede state and local laws. However, state and local laws can supplement or provide additional protections to employees and impose additional requirements that employers must follow. When a conflict exists between federal and local requirements, the U.S. Department of Labor instructs employers to follow the law that provides the highest protection or greater benefit to the employee.

We recently released several new State Employment Law Guides designed to provide employers with a reference of key state labor and employment laws. Employers can use the content in these guides to learn more about their obligations and liability under state law. When possible, these guides include direct links to agency guidance and official posters, notices, and forms.

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The Internal Revenue Service (IRS) has released Notice 2023-75, containing cost-of-living adjustments for 2023 that affect the amounts employees can contribute to 401(k) plans and individual retirement accounts (IRAs).

Description	2024	2023
Regular Contribution Limit	$23,000	$22,500
Catch-up Contribution Limit	$7,500	$7,500
Employee + Company Limit	$69,000	$66,000

Click the following link to read our Legal Update article on this topic: IRS Announces 2024 Retirement Plan Limits

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Beginning Nov. 1, 2023, employers are required to use the newest version of Form I-9. This form, provided by the U.S. Department of Homeland Security’s Citizenship and Immigration Services, has been available since August, but the prior version was accepted through Oct. 31, 2023. Employers that continue to use the outdated Form I-9 after Nov. 1 will be subject to penalties.

The updated Form I-9 includes updated instructions and many notable changes, including the following:

• Sections 1 and 2 have been reduced to a single sheet.
• The preparer/translator certification area has been moved to a standalone supplement (Supplement A) that employers can use as necessary for initial verification or recertification.
• Section 3 (Reverification and Rehire sections) has been moved to a standalone supplement (Supplement B) that employers can use as necessary.
• The list of acceptable documents now includes some acceptable receipts, guidance, and links to information on automatic extensions of employment authorization documentation.

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