With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get together these tips and reminders should help keep partygoers and companies out of legal hot water!

Policy Reminders: It is always a good practice to remind employees ahead of any company get together that company sanctioned events are an extension of workplace norms, policies and procedures. It is important that employees understand that this is the case regardless of whether the event takes place on or off company property. Reminders should include the company’s policies on drug and alcohol use, anti-harassment and social media.

Avoid Compulsory Attendance: Employers must be mindful that not all employees celebrate the same holidays or in fact celebrate the holidays at all. Compulsory attendance at holiday events may cause undue pressure, trigger social anxiety and place undue pressure on employees who feel they must ‘go along’ to ‘get along.’ To avoid any missteps a best practice in this regard is to make attendance truly voluntary; don’t over-do the ‘we haven’t heard from you yet’ email reminders.

Be As Inclusive As Possible: Avoid risk associated with discriminatory conduct by making the extra effort to ensure event facilities can accommodate disabled employees and their guest(s). If alcohol is to be served, make sure there are non-alcoholic options and if you are asking employees to RSVP consider including space for employees to list any special dietary restrictions or allergies.

Holiday get togethers can be a great morale booster and a welcome opportunity to celebrate company “wins” over the past year. With a bit of planning and forethought they can also be a professional and fun group event.

Colorado’s Family and Medical Leave Insurance (FMLI) program is scheduled to start January 1., 2023. Employers and employees across Colorado are required to notify employees of payroll deductions by posting the Required Program Notice on or before the January 2023 deadline.

Premium deductions begin in January however, the first payment employers are required to make to the Colorado Department of Labor and Employment isn’t due until April 30, 2023[i]. Employers must register on the new My FAMLI+ Employer portal before the first quarterly premium payment is due.

Employers and their employees both fund the FAMLI program, with employers paying at least 50% of the cost. Premiums are set to 0.9% of the employee’s wage, with 0.45% paid by the employer and 0.45% paid by the employee.  Premiums may be adjusted in future years but are capped by law at 1.2%. Small employers with 9 or fewer employees aren’t required to cover the employer share of premiums and are only responsible for deducting and remitting the 0.45% employee share to the FAMLI Division once a quarter.

Private employers of any size can apply to use a private insurance plan that offers the same or greater benefits and protections as the FAMLI plan, but such plans must get prior approval from the FAMLI Division.

For more details visit FAMLI.colorado.gov.

The approach of a new year always presents a great opportunity for employers to review and, as necessary, revise existing policies and practices. Immigration documentation in the workplace has seen some significant changes over the past year with further developments expected in 2023. Below are a few key tips to help you remain complaint in the new year.

Always use the most current form I-9. As discussed here, employers may continue using the current Form I-9 even though its expiration date was October 31, 2022. According to the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), a new version of the Form I-9 will be published via Federal Register notice which is expected sometime in early 2023. The new form proposes significant changes including combining Section 1 and 2 onto a single page in an effort to reduce paper use and streamlined AI scanning to reduce errors. Updates to Section 3 are anticipated to include a ‘use as needed’ designation for rehires, name changes and updating.

Utilize USCIS resources to help avoid errors. The ICE website contains several employer-focused resources that can assist in reducing errors and provide guidance. In addition to helpful FAQs, ICE has also updated its I-9 Inspection Process Flowchart. The chart provides useful details on various Notices (e.g., Notices of Suspect Documents, Notices of Discrepancies and Notice of Technical Procedures/Failures).

Be mindful of temporary “flexible” COVID-associated remote document inspection rules. As discussed here, ICE has repeatedly extended its temporary “flexible” rules since the onset of the COVID-19 pandemic. While employers are currently allowed to operate under the flexible rules, it is important to keep in mind that in-person inspection is required once the employee stops working remotely and begins to report – on a regular, consistent or predictable basis – to the physical worksite. Relaxed rules are in place until July 31, 2023 unless extended or adopted permanently.