As you order your oversizedturkey and browse Pinterest for fall-themed tablescapes, don'tforget that your employees may also require some extra attentionthis time of year. (Photo: Shutterstock)

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As this, the last "teen" year of our century comes to a close,Thanksgiving provides a time for employers to reflect on theirmisspent youth and look with hope toward a more mature future. Asyou order your oversized turkey and browse Pinterest forfall-themed tablescapes, don't forget that your employees may alsorequire some extra attention this time of year. With this goal inmind, I've compiled a list of frequently asked labor law questionsand answers that may pop up as turkey day approaches.

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Related: Supporting employees through the holidays (andbeyond)

  • Can employees be required to work onThanksgiving? 

Although Thanksgiving is a federal holiday, there is no specificlabor law preventing companies from staying open for business andrequiring employees to work. Over the last five years, manycompanies (and particularly retailers) began to roll out plans toincrease their sales by opening early for Black Friday.Fortunately, according to the Society for Human ResourceManagement, the vast majority of organizations close forThanksgiving. Indeed many retailers, including Costco, Home Depot,Nordstrom and Sam's Club, are keeping their doors closed thisThanksgiving to allow their workers to spend the holiday withfamily.

  • Are employees entitled to overtime pay for working onThanksgiving or Black Friday?

While many employers do offer premium holiday pay, there is nolegal requirement to do so. Federal law treats a holiday as itwould any other business day of the year. However, don't forgetthat FLSA requires employers to pay overtime to nonexempt employeeswho have worked more than 40 hours in a given work week. So, ifyour employees' work on Thanksgiving and Black Friday includeshours over 40, the employees must be paid time and a half for thosehours (irrespective of the holiday).

  • How early should we prepare for openenrollment?

While not the most festive topic, open enrollment for many employers often takesplace in the fall and winter. After you've selected your plan,communicate early and often with your employees so they can startto think about their options. Consider asking a plan representativeto discuss the plan, in person, with your employees or, as analternative, analyze the questions you've received from employeesin the past and prepare a memo addressing those issues. Encourage your employees to consider their benefits optionscarefully. Employees who are given ample time to mull over theiroptions (while drinking their mulled wine) are more likely toselect the option that best fits their needs.

Without a doubt, bonuses are strong motivators and can have abig impact on employee performance. According to the WashingtonPost, many employers are electing to pay bonuses to employeesinstead of giving raises this year. This is because bonuses (asopposed to pay increases) are finite and have an immediate positiveeffect on morale. If you have the funds and expect to make aprofit, it's a good idea to pay your employee bonuses before theend of the year. Not only are you likely to reap the benefit of atax deduction, your goodwill will be particularly appreciated byemployees around the holidays.

  • How can I host a Thanksgiving office luncheon in thecurrent socio-political environment?

The year 2020 is weeks away and fortunately, culturalsensitivity in the workplace is on the rise. Employers should workto find a way to respect traditions and promote employee comraderiein a fashion that does not perpetuate damaging stereotypes. Avoiddecorations and Thanksgiving imagery that reinforce misinformationand stereotypic thinking about Native Americans. Also, avoidgendered division of labor when planning your holiday luncheon.Sure, maybe your grandmother single-handedly served up an amazingThanksgiving feast year after year. But expecting your femaleemployees to take the lead in preparing your office's holidayspread is a practice best left in the past.

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Without a doubt, the U.S. workforce has a lot to be thankful forthis year. The unemployment rate is the lowest it has beenin 50 years. Although lower unemployment can increasecompetition in hiring and retention, employers also reportincreased employee productivity, bolstered by flexible workarrangements, telecommuting, and the availability of wellnessprograms. So this Thanksgiving, let's focus on gratitude andendeavor to carry that feeling into the '20s.

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Brooke Ehrlich is an associate with WeissSerota Helfman Cole & Bierman in Fort Lauderdale. Her primaryareas of practice include employment litigation, labor law,commercial litigation, and appellate law.

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