As I drove south on U.S. Highway 50 and 550 recently, I noticed a series of signs advising me to check my tires and asking whether I was ready for winter. Of course, being physically and emotionally prepared for winter are different subjects.

Employers must prepare for winter, too. This column will cover a few of the most common questions I receive from employers approaching the winter and holiday seasons.

Are organizations hosting holiday parties again?

Some leaders believe COVID-19 and the increase in remote employment killed the holiday party forever. Challenger, Gray & Christmas — an executive staffing and coaching firm — reported last year 26.6 percent of companies planned to host in-person holiday parties, up from the 5.33 percent that reported they would do so in 2020. Early 2022 surveys indicated more organizations intend to hold in-person parties this year than last. The traditional holiday party is down, but not yet out.

Is our organization liable for alcohol-related incidents arising from our holiday party?

Generally, if the party is organized properly, no.  Colorado’s “dram shop” law holds a social host isn’t legally liable for the actions of a guest who’s served alcohol by the social host unless the host serves alcohol to minors. Many, if not most, employers host parties at restaurants or other food and beverage providers. This transfers responsibility for monitoring overconsumption to staff trained to do so. The state dram law holds that an alcohol vendor, unlike a social host, is liable for incidents related to alcohol use if the vendor knowingly and willfully sells alcohol to a visibly intoxicated person.

But this isn’t the most important consideration for most employers. No employer wants to create a situation that ends in tragedy regardless of where the legal liability lies. Employers hosting a party where alcohol is available should consider several options for discouraging overconsumption.

Don’t provide an open bar. Instead, consider a cash bar or provide a limited number of tickets for free drinks.

Consider limiting offered drinks to wine and beer instead of hard liquor. Also provide a good selection of non-alcoholic drinks.

Stop offering alcohol at least an hour before the party ends. Serve coffee, desserts and plenty of water and non-alcoholic drinks during this time.

Arrange to get employees home safely. Offer free cabs or ride-hailing services and enlist designated drivers.

It’s snowing. Do I have pay employees on snow days?

The answer depends on two other questions. Is the organization closed for the day, and is the employee classified as non-exempt or exempt from overtime?

The question is simpler for non-exempt employees. The Fair Labor Standards Act only requires an employer to pay non-exempt employees for the time they actually work. Some employers provide paid leave when the office is actually closed as opposed to the office remaining open while the employee has difficulty getting to work. In that case, employers usually allow employees to use available time off benefits.

The answer is a bit more complicated with exempt employees. The employer must pay the exempt employee for a closure caused by the employer or operating requirements of the business. This includes business closures caused by weather or such circumstances as power outages.

If the exempt employee chooses to stay home because of bad weather, the employer must still pay the employee for the day if the exempt employee performs work during the day. But the employer may require the exempt employee to use paid time off benefits for any time the employee isn’t performing work, just as it may under normal circumstances.

The increase in remote employment makes this question moot to a certain degree. Employees already working from home may continue to do so while the snow piles up. Many employees who normally commute to work are equipped to work from home. The employer may allow or direct the employee to do so. But the employer should consider that employees who don’t work regularly from home might not have sufficient work available to make this practical.

My employee says they’re only coughing because of the dry air. Can I send home employees who appear sick? Can I require them to use sick leave?

An employer may send home employees who appear to be sick with a communicable disease. Employers should make available sick leave or other paid leave just as it would for an employee call-in. But the employer should make sure it takes this approach consistently with all employees who appear to have a communicable disease. And watch for more serious issues. I recently spoke with an employer whose employee persistently coughed, but claimed the cough was not caused by a communicable illness. The employer could need to explore whether reasonable accommodations are required for illnesses that rise to the level of a disability.

Employers should prepare now for a successful winter season. The Employers Council offers members counsel and resources on these questions and other seasonal employment issues.