Tag: Christmas

United States | Winter Travel Reminders

With the winter holidays approaching, many foreign national employees are planning to visit family abroad, vacation overseas and perhaps renew their visas while out of the country. Here are a few key reminders as we approach the holiday travel season:

Travelers should be sure to check their passports and visas. Travelers are encouraged to check how much time they must have on their passport to travel to their destination country — a minimum of six months’ validity is required for many countries, including the United States in some cases. Travelers who require a visa to reenter the U.S. should make sure their visa is valid for reentry.

Some consulates remain delayed. Some travelers may be planning to renew visas while abroad. Visa processing has improved substantially since last year, but wait times for business and tourist visas continue to be significant at some consular posts, such as Colombia, India and Mexico. Travelers should consult the appropriate embassy or consulate website for the most up-to-date information regarding appointment availability and requirements for expedited requests.

Administrative processing can delay visa issuance. BAL has seen an improvement in the number of visa applications flagged for additional administrative processing. However, some applications may still require further administrative processing, which typically delays visa applications. Travelers should note that even if a visa renewal is approved at the time of an interview, it may take a few weeks to receive the visa foil. Employers with employees who have an administrative processing case and a particularly urgent need to be in the country should contact BAL.

Travelers should consult entry restrictions for destination countries. While most countries have lifted COVID-19 entry rules, some continue to enforce vaccination and testing requirements. Employees should be aware of their destination country’s requirements and procedures and factor additional time into their travel plans if necessary.

Travelers should review State Department travel advisories. Individuals are encouraged to visit the State Department’s travel advisory website ahead of departure for detailed information about potential travel concerns at their destination.

BAL Analysis: Foreign nationals planning to travel this holiday season should be sure to check their passport and visa validity before leaving the U.S. Those planning to renew visas while abroad should anticipate possible delays; while wait times have improved, some consulates remain backlogged and administrative processing can cause additional delays. Travelers are also urged to review their destination country’s entry requirements and may wish to consult State Department travel warnings.

©2023 Berry Appleman & Leiden. All Rights Reserved.
For more news on Holiday Travels in the United States, visit the NLR Immigration section.

How to Unplug From Work During the Holidays

It can be challenging to fully unplug from work during the holidays, especially if you have a lot of responsibilities or if you run your own business.

But taking a break from work during this slower period can be beneficial for your mental health and overall well-being.

It’s really important to not feel guilty about taking some time off or deciding that you don’t necessarily want to take time off, maybe want to spend time building your brand and business and if you do, I have plenty of tips for that as well!

Here are a few tips for unplugging from work during the holidays:

  • Set boundaries: Let your coworkers and clients know that you will be unavailable during specific times, such as during the holidays or on a certain day of the week. This will help prevent you from feeling pressure to respond to work-related messages or calls while you are trying to relax.
  • Create a relaxing routine: Plan activities that will help you relax and unwind, such as exercising, reading or spending time with family and friends. Having a relaxing routine can help you disconnect from work and focus on self-care.
  • Avoid checking work emails or messages too often. Try to resist the temptation to check work emails or messages all the time while you are on vacation. If you must check your email, set a specific time each day to do so and limit the amount of time you spend on it.
  • Take breaks from work-related tasks: If you are working on a project or task during the holidays, take regular breaks to rest and recharge. This will help you avoid burnout and maintain a healthy work-life balance.
  • Plan in advance: This is a great time of year to repurpose your content and utilize social media scheduling tools so that you don’t actually need to be present online to post. That being said, if you post anything you should still check social media so that you can engage with the comments on your posts, because that helps increase visibility. Let what you already have work, harder and smarter for you!

By setting clear boundaries, creating a relaxing routine and taking breaks from work-related tasks, you can help ensure that you fully unplug from work and enjoy your time off during the holidays!

Which of these tips resonate with you and do you have any others to add?

PS – If you’re looking for ways to build your brand during downtime here are a few ideas:

  • Use this time to assess your brand and identify areas for improvement. This could involve updating your website, revamping your social media accounts, or reassessing your target audience.
  • Create valuable content that can be shared during downtimes. This could be blog posts, videos, podcasts or other forms of content that showcase your expertise and add value to your audience.
  • Engage with your audience on social media or through email newsletters. Keep your audience updated on your brand and continue to provide value, even during downtimes.
  • Partner with other brands or influencers to cross-promote your products or services. This can help expose your brand to a new audience and increase your reach.
  • Take advantage of any downtime to learn new skills or attend workshops or conferences. This will help you stay current and improve your expertise, which can benefit your brand in the long run. (Check out my YouTube channel for lots of videos!)
  • Use downtime to reflect on your brand and consider new ways to innovate and stand out in your industry. This could involve launching new products or services, or finding unique ways to differentiate your brand.

Which one of these will you try? Happy holidays!

Article By Stefanie M. Marrone of Stefanie Marrone Consulting

For more business of law legal news, click here to visit the National Law Review.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Employment Tip of the Month – December 2022

Q:  As an employer, am I legally required to allow employees to bring marijuana to an office holiday party?

A:  No.  While adult recreational use of marijuana is now legal in 21 states and the District of Columbia, the use of marijuana remains illegal under federal law and employers with drug-free and smoke-free workplace policies can prohibit marijuana consumption in the workplace and during employer-sponsored events. Employers who wish to prohibit use of recreational marijuana at the office holiday party should remind employees of the policies and ensure that they understand the policies apply at all employer-sponsored events – even if the event is held after work hours and off company premises.

Laws surrounding the recreational use of marijuana differ from one state to another and evolve quickly.  Before taking adverse action against an employee for marijuana use, an employer should consult the specific laws governing their jurisdiction.

Article By Laura Stutz of Wilson Elser Moskowitz Edelman & Dicker LLP

For more labor and employment law legal news, click here to visit the National Law Review.

© 2022 Wilson Elser

The Christmas Conundrum, continued

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Last week we discussed the basic framework for providing employees with days off during recognized religious holidays.  A related issue commonly presented during the holiday season is whether employees must be paid for their time off.

While an employer may have to give an employee time off in order to observe a religious holiday in accordance with Title VII of the Civil Rights Act, the “reasonable accommodation” does not have to be accompanied by pay.  Although it may not be a popular decision, denying paid time off is perfectly acceptable when it comes to non-exempt (hourly) employees. Generally speaking, an employer is only required to pay hourly employees for time actually worked. For exempt employees (generally, salaried) who are given time off, the full weekly salary must be paid if they worked hours during the week in which the holiday falls. As always, a contract or collective bargaining agreement can create an affirmative obligation to provide paid time off.

Notwithstanding the foregoing, private employers or employees engaging in work with the federal government should be conscious of two possible exceptions to their paid time off rules.  The federal government provides its employees with paid time off on several recognized holidays and, in addition, often provides overtime pay to those employees who must work during the holidays. Although this is not legally mandated for private employers, persons who work under a government service contract subject to the McNamara O’Hara Service Contract Act and persons who work under a government labor contract subject to the Davis-Bacon and Related Acts must receive holiday and vacation benefits. The exact terms of these benefits depend on worker classification and contract.

Always remember, offering paid time off around the holidays is a gesture of good will. Regardless of an employer’s legal obligations, offering paid time off can go a long way in making the holidays a happier time for employees.

Article by:

W. Chapman Hopkins

Of:

McBrayer, McGinnis, Leslie and Kirkland, PLLC

The Christmas Conundrum Re: Employee Time Off

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The holidays are a joyous time of year, but many employers face the season with a certain sense of trepidation as their employees inevitably request time off work.  As the holiday season kicks into full gear, now is a good time for employers to refresh themselves on basic guidelines for granting and denying employees’ vacation requests.

As a starting point, the availability of time off is typically dependent on a number of factors, including the employer’s formal policies, employment contracts, or a collective bargaining agreement. While there are no express state or federal laws requiring private employers to provide time off to celebrate holidays like Christmas, Hanukkah or Kwanzaa, Title VII of the Civil Rights Act of 1964 does require employers to ”reasonably accommodate” an employee’s religious practices, so long as it does not impose an “undue hardship” on the employer. Allowing an employee time off to observe a recognized religious holiday is normally a reasonable accommodation that should be made, if requested, without an undue burden.

Although some employers voluntarily reward employees with at least some time off during the holidays, employers must be careful to recognize that some employees may observe holidays that are not reflected in the employer’s office calendar. For example, if employees are given time off for Christmas day but not for Ramadan, employees observing the Muslim holiday may claim discrimination. Such situations can typically be avoided by utilizing “floating holidays” which allow time off for religious days that do not appear on a company’s official schedule. In addition, employers can include in the company policy that any holiday not appearing on the calendar can be requested and granted subject to review.

Article by:

W. Chapman Hopkins

Of:

McBrayer, McGinnis, Leslie and Kirkland, PLLC