HR Alerts

HR Solutions Partners now offers Human Resources Alerts updated twice a day. Get the information you need - when you need it.

As an HRSPI client you can receive these alerts, along with Health Care Reform Updates, directly. You will also receive our eNewsletters with valuable information for anyone managing Human Resources. On top of all that you get free access to our client portal powered by HR360.

Alerts for JuneTop Of Page

Missouri Grants Reemployment Rights for Certain Members of the National Guard

Under a new law in Missouri, certain members of the national guard are granted reemployment rights provided by federal and state law.

Maine Enacts Certain Requirements Regarding Workplace Sexual Harassment Training

A new law in Maine adds certain requirements regarding workplace sexual harassment training in the state. Highlights of the law are presented below.

Nevada Enacts Domestic Violence Leave Law

Nevada has passed a domestic violence leave law.

Oregon Law Addresses False Employment Records

Oregon has enacted a new law relating to false employment records.

Oregon: Employers Must Notify Employees of Earned Income Tax Credits

A new law in Oregon requires employers to provide written notice to each employee about the state and federal earned income tax credits.

New York Launches Website on New Paid Family Leave Law

A new website on New York State's Paid Family Leave law is available for employer use.

NV: Law Grants Employment Protections for National Guard Members of Other States

A new law in Nevada, effective July 1, 2017, grants certain employment protections for National Guard members of other states.

HHS Releases HIPAA Cyber-Attack Checklist

The Department of Health and Human Services' (HHS) Office of Civil Rights (OCR) has released a quick-response checklist briefly describing the steps that HIPAA-covered entities (including medical and dental offices) and their business associates should take in response to a cyber-related security incident.

Oregon Amends Definition of 'Small Employer' for Health Insurance Law

A new law in Oregon redefines "small employer" for purposes of state health insurance law.

Connecticut Enacts Law Regarding Support Orders and Workers' Compensation

A new law in Connecticut requires employers whose employees are subject to a support order to take additional steps when such employees make claims for workers' compensation benefits.

Oregon Amends Law on Social Security Number Privacy

Oregon has amended its law on Social Security number privacy.

Nevada: Employers Generally Must Provide Break Time for Nursing Mothers

Under a new law in Nevada, employers generally must provide break time for employees to express breast milk.

Colorado Extends Wage Transparency Law to Additional Employers

An amended law in Colorado extends the state wage transparency law to additional employers.

Nevada Enacts Pregnant Workers' Fairness Act

Nevada has enacted the Pregnant Workers' Fairness Act.

Nevada Prohibits Discrimination Based on Wage Discussions and Disclosures

Nevada has passed a law prohibiting discrimination based on wage discussions and disclosures.

Illinois: Cook County Adopts Final Rules for Paid Sick Leave Ordinance

Cook County has adopted final rules for its Earned ("Paid") Sick Leave Ordinance, and has released a model notice for employer use.

California Releases Regulations Concerning Transgender Identity and Expression

The California Fair Employment and Housing Council has released final regulations, effective July 1, 2017, regarding transgender identity and expression under the state Fair Employment and Housing Act.

OSHA Not Currently Accepting Electronic Submissions of Illness and Injury Logs

The federal Occupational Safety and Health Administration (OSHA) has announced that it is not accepting electronic submissions of injury and illness logs at this time. As a result, OSHA intends to propose extending the July 1, 2017 date by which certain employers are required to submit their completed 2016 Forms 300A electronically. These employers include establishments with 250 or more employees in industries covered by OSHA's recordkeeping requirements, as well as establishments with 20-249 employees in certain high-risk industries.

Arizona Releases Updated FAQs on Minimum Wage and Earned Paid Sick Time

The Industrial Commission of Arizona has released updated FAQs on the minimum wage and earned paid sick time.

Oregon Amends Equal Pay Law

Oregon has amended its equal pay law.

Nevada Amends Law on Name-Based Searches of Criminal History Records

Nevada has amended its law on name-based searches of criminal history records.

Alabama Enacts 'Franchise Business Protection Act'

Under a new law in Alabama, the following persons may not be deemed or construed to be employees of a franchisor (except as provided in a voluntary agreement entered into between the U.S. Department of Labor and a franchisor):

Texas Passes Discrimination Law on Leave for Foster Child Care

Under a new law in Texas, effective September 1, 2017, an employer with 15 or more employees (among other entities) commits an unlawful employment practice if:

DOL Withdraws Guidance on Independent Contractors and Joint Employment

The United States Department of Labor (DOL) has announced the withdrawal ofboth its 2015 guidance regarding independent contractors and its 2016 guidanceregarding joint employment. Cautionarynote: Still in effect are the commonlaw rules used by the IRS to determine whether a worker is an employee orindependent contractor for purposes of the Internal Revenue Code.

New York City Laws Aim to Improve Working Conditions Related to Employee Work Schedules

New York City has passed a package of local laws to improve working conditions related to employee work schedules.

New York City Establishes General Provisions Governing Fair Work Practices

A new local law in New York City, aimed at improving working conditions related to employee work schedules, establishes general provisions governing fair work practices and places requirements on certain fast food employers.

New York Announces Maximum Employee Contribution Rate Under State Paid Family Leave Act

The New York State Department of Financial Services (DFS) has released the 2018 maximum employee contribution rate under the New York State Paid Family Leave Act.

U.S. Supreme Court Rules on ERISA's 'Church Plan' Exemption for Pension Plans

The U.S. Supreme Court has ruled in Advocate Health Care Network v. Stapleton that defined benefit pension plans established by so-called "principal-purpose organizations" are "church plans" exempted from the requirements of the Employee Retirement Income Security Act (ERISA), regardless of whether a church originally established the plan. For purposes of the church plan definition, a "principal-purpose organization" is an organization controlled by or associated with a church or a convention or association of churches whose principal purpose or function is the administration or funding of a plan or program for the provision of retirement benefits or welfare benefits, or both, for the employees of a church or a convention or association of churches.

The Fiduciary Rule: What Employers Need to Know

The U.S. Department of Labor (DOL)'s Fiduciary Rule is expected to take effect June 9, 2017, subject to the DOL's temporary enforcement policy. The Fiduciary Rule generally treats persons who provide investment advice or recommendations for a fee or other compensation as fiduciaries in a wider array of advice relationships. However, under the Fiduciary Rule's exemptions, certain employees will continue not to be treated as investment advice fiduciaries.

Vermont Passes Workplace Social Media Privacy Law

Vermont has passed a workplace social media privacy law.

Alerts for MayTop Of Page

Arizona Issues Proposed Paid Sick Leave Rules

The Industrial Commission of Arizona has released proposed rules regarding the state's paid sick leave law.

How to Keep Your Employees Motivated This Summer

The warm weather and eagerly anticipated outdoor activities of summer may take a toll on your workers' concentration. If you're noticing a lack of focus among your employees during this time of year, consider these ideas to help keep them motivated.

Iowa: Medical Cannabidiol Law Provides Additional Employer Protection

An amended law in Iowa regarding medical cannabidiol provides an additional protection for employers who have established policies and initiated drug/alcohol testing programs in accordance with state law.

Minnesota Amends Certain Child Labor Provisions

An amended law, effective August 1, 2017, makes certain changes to Minnesota's child labor provisions regarding the times that certain high school students may work.

California Proposes Rule on Heat Illness Prevention in Indoor Places of Employment

The California Division of Occupational Safety and Health (Cal/OSHA) has released a proposed rule that would generally affect all indoor places of employment where the "dry bulb" temperature equals or exceeds 85°F.

Tennessee Allows Certain Employers to Pay Wages Once Per Month

A new law in Tennessee allows certain employers to pay wages once per month.

New Hampshire Permits Employers to Pay Wages to Employees Weekly or Biweekly

A new law in New Hampshire permits employers to pay employees' wages on a weekly or biweekly basis.

Summer Interns Could Be Subject to Minimum Wage and Overtime Requirements

Employers planning to hire interns this summer should keep in mind that the U.S. Department of Labor (DOL) has stated that private sector internships are most often considered "employment" subject to the federal Fair Labor Standards Act's (FLSA) minimum wage and overtime rules.

New York Court of Appeals Addresses Employer Liability for Discrimination Based on Criminal Convictions

The New York Court of Appeals has issued an opinion addressing the scope of employer liability for discrimination based on criminal convictions.

IRS Tips On Preparing for Natural Disasters

Using Electronic Records and Documenting Valuables Encouraged With hurricane season approaching, the IRS is offering advice to those impacted by storms and other natural disasters. The following tips may help businesses prepare for such events Use

North Dakota Medical Marijuana Law Addresses Employment and Health Insurers' Obligations

A new North Dakota law permitting medical marijuana contains provisions that address employment and health insurers' obligations.

Maryland Amends Personal Information Protection Act

Maryland has amended its Personal Information Protection Act, which (among other things) imposes certain employer investigation and notice requirements.

Vermont Requires Reasonable Accommodations for Pregnancy-Related Conditions

Under a new law in Vermont, effective January 1, 2018, it is generally an unlawful employment practice for an employer to fail to provide a reasonable accommodation for an employee's pregnancy-related condition.

North Carolina: Franchisee and Franchisee's Employees Are Not Employees of Franchisor

Under a new law in North Carolina, a franchisee and a franchisee's employees are not deemed to be employees of the franchisor for any purposes.

New OSHA Fall and Equipment Hazard Training Requirements Effective May 17

Under the U.S. Occupational Safety and Health Administration's (OSHA) recent Walking-Working Surfaces and Fall Protection Standards final rule, employers are required, effective May 17, 2017, to ensure that workers who use personal fall protection and equipment are trained about fall and equipment hazards, including fall protection systems.

Georgia Allows Certain Employees to Use Sick Leave to Care for Immediate Family Members

A new law in Georgia allows certain employees to use sick leave to care for immediate family members.

Los Angeles: 'Fair Chance Initiative for Hiring' FAQs and Guidance Now Available

The City of Los Angeles has released FAQs and guidance regarding the Fair Chance Initiative for Hiring Ordinance.

Cook County (Illinois) Paid Sick Leave

Under the Cook County Earned Sick Leave Ordinance, effective July 1, 2017, any covered employee (Sect. 42-2) who works at least 80 hours within any 120-day period for an employer with a place of business within Cook County is eligible for earned ("paid") sick leave. Such leave must be compensated at the same rate and with the same benefits-including health care benefits-that the covered employee regularly earns during hours worked.

Supreme Court of California Addresses 'Day of Rest' Requirement

The Supreme Court of California has issued an opinion addressing various questions under the state day of rest requirement.

Reminder: Cook County (Illinois) Paid Sick Leave Ordinance Effective July 1, 2017

A Cook County ordinance, effective July 1, 2017, provides for earned ("paid") sick leave for covered employees who work at least 80 hours within any 120-day period for an employer with a place of business within Cook County.

USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap-Subject Petitions

U.S. Citizenship and Immigration Services (USCIS) has announced that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in its computer-generated random process, and that it will now begin returning all H-1B cap-subject petitions that were not selected.

West Virginia Law Allowing for Criminal Offense Reductions Affects Employment

A new West Virginia law allowing for certain criminal offense reductions contains provisions affecting employers.

California Updates IWC Wage Orders

The California Department of Industrial Relations has recently updated the Industrial Welfare Commission (IWC) Wage Orders.

NYC Prohibits Employers from Inquiring About or Relying on an Applicant's Salary History

New York City has passed a local law prohibiting employers from inquiring about or relying on an applicant's salary history.

IRS Releases 2018 Health Savings Account Limits

The Internal Revenue Service (IRS) has announced the 2018 inflation-adjusted amounts for Health Savings Accounts (HSAs) as determined under the Internal Revenue Code.

California Revises Sexual Harassment Brochure for Distribution to Employees

The California Department of Fair Employment and Housing (DFEH) has issued a revised sexual harassment brochure that fulfills an employer's legal responsibility to provide employees information regarding sexual harassment.

West Virginia Enacts Comprehensive Drug and Alcohol Testing Law

Under the West Virginia Safer Workplaces Act, effective July 7, 2017, an employer may test employees or prospective employees for the presence of drugs or alcohol (in accordance with the provisions of the law) as a condition of continued employment or hiring.

Reminder: New ADA Wellness Program Notice Requirement Now Effective

Employers subject to the Americans with Disabilities Act (ADA)--generally those with 15 or more employees--that offer a wellness program that collects employee health information are reminded that they must provide a new notice to employees as of the first day of the plan year that begins on or after January 1, 2017.

AR: Franchisees and Their Employees Are Not Considered Employees of Franchisors

Under a new law in Arkansas, neither a franchisee nor a franchisee's employee is deemed to be an employee of the franchisor.

IRS Reminds Hiring Employers of Work Opportunity Tax Credit

The Internal Revenue Service (IRS) is reminding employers planning to hire new workers that the Work Opportunity Tax Credit (WOTC) may be available to those who hire long-term unemployment recipients and others certified by their state workforce agency.

West Virginia Medical Marijuana Law Addresses Employment

A new law in West Virginia allows a patient to use medical marijuana to treat certain qualifying medical conditions.

Tennessee Amends Breach Notification Law

Tennessee has amended its breach notification law.

Alerts for AprilTop Of Page

Employers Should Review Form I-9 for Social Security Number Glitch

Employers who used a version of Form I-9 (Employment Eligibility Verification) that was downloaded between November 14 and November 17, 2016 should review those forms to ensure their employees' Social Security numbers appear correctly in Section 1 of the form.

What to Do After the Federal Tax-Filing Deadline

While tax day has come and gone for most people, some taxpayers may still be dealing with their federal taxes. The Internal Revenue Service (IRS) offers the following tips for handling some typical after-tax-day issues.

Oregon Approves Rules for State Retirement Savings Program

Oregon has approved rules for the state Retirement Savings Program (the "Program"), a state-sponsored retirement savings plan for employees.

Chicago Paid Sick Leave Effective July 1, 2017

Chicago has amended its Minimum Wage Ordinance to provide paid sick leave.

What to Do When an IRS Letter Arrives

The Internal Revenue Service (IRS) mails millions of pieces of correspondence every year to taxpayers for a variety of reasons. Here are some suggestions on how to best handle a letter or notice from the IRS.

USCIS to Issue Redesigned Green Cards and Employment Authorization Documents

U.S. Citizenship and Immigration Services (USCIS) has announced a redesign to the Permanent Resident Card ("Green Card") and the Employment Authorization Document ("EAD"). USCIS is expected to begin issuing the new Green Cards and EADs on May 1, 2017.

North Carolina Repeals Law Protecting Individuals in Employment Based on 'Biological' Sex

North Carolina has repealed a law protecting certain individuals in employment based on biological sex.

New Mexico Passes Data Breach Notification Act

New Mexico has passed the "Data Breach Notification Act."

Michigan Releases Updated Discrimination Poster

The Michigan Department of Civil Rights (MDCR) has released an updated version of its required workplace poster.

Arkansas Clarifies Scope of Compensable Activities Under State Wage and Hour Law

A new law in Arkansas provides employers relief from liability under state wage and hour law for failure to pay minimum wage or overtime in certain instances.

Reminder: Florida's Constitutional Amendment Regarding Medical Marijuana Affects Employment

As a reminder to Florida employers, the state's constitutional amendment regarding medical marijuana is currently effective. Provisions affecting employment are presented below.

KY: Funds Deposited in Health Savings Accounts Are Exempt from Wage Attachments or Garnishments

A new law in Kentucky exempts funds deposited in a health savings account from execution, attachment, or garnishment.

Avoiding Employee Misclassification Under the FLSA

While the U.S. Department of Labor (DOL) finds that most workers are employees under the federal Fair Labor Standards Act (FLSA), in order to make the determination of whether a worker is an employee or an independent contractor, the DOL uses the multi-factor "economic realities" test, which focuses on whether the worker is economically dependent on the employer or in business for him or herself.

Kentucky Adds Direct Deposit and Payroll Cards to Permissible Wage Payment Methods

A new law in Kentucky adds direct deposit and payroll card accounts to permissible wage payment methods, and also addresses electronic statements for certain employers.

Arkansas: Individuals with Disabilities May Be Accompanied in Public Accommodations by Certain Service Dogs

Arkansas has amended its nondiscrimination law to provide that individuals with disabilities may be accompanied in public accommodations by certain service dogs.

Los Angeles Revises Paid Sick Leave Rules and FAQs

The City of Los Angeles has issued revised paid sick leave rules and FAQs.

AZ: Franchisor Generally Not Considered Employer or Co-Employer of Franchisee or Franchisees' Employees

A new law in Arizona provides that, for purposes of state labor law, a franchisor is not an employer or co-employer of either a franchisee or an employee of the franchisee.

Arkansas Amends Social Media Privacy Law

A new law in Arkansas amends the state's social media privacy law.

OSHA Delays Enforcement of New Crystalline Silica Rule for Construction Industry

The U.S. Occupational Safety and Health Administration (OSHA) has announced a delay in enforcement of its new crystalline silica rule as it applies to the construction industry. Originally scheduled to begin June 23, 2017, enforcement is now expected to begin September 23, 2017.

USCIS Completes H-1B Cap Random Selection Process for FY 2018

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (also known as the master's cap).

DOL Finalizes 60-Day Delay of Fiduciary Rule

The U.S. Department of Labor (DOL) has issued a final rule delaying the applicability date of the Fiduciary Rule, from April 10, 2017, to June 9, 2017.

California Updates Paid Sick Leave FAQs

The California Department of Industrial Relations has released updated FAQs addressing California's paid sick leave law.

KY: Franchisees or their Employees Generally Not Considered Employees of Franchisors

A new law in Kentucky provides that franchisors (or their employees) are not employees of the franchisee, and that franchisees (or their employees) are not employees of the franchisor, for any purpose, under the following Kentucky labor laws:

USCIS Announces New Measures to Detect H-1B Visa Fraud and Abuse

U.S. Citizenship and Immigration Services (USCIS) have announced several new measures to identify employers deemed to be abusing the H-1B visa program.

President Trump Signs Repeal of OSHA's 'Volks Rule'

President Trump has signed into law House Joint Resolution 83, which repeals the "Volks Rule," an Occupational Safety and Health Administration (OSHA) rule which imposed on employers continuing obligations to make and maintain accurate records of recordable injuries and illnesses. The rule previously became effective on January 18, 2017.

Arkansas Amends Medical Marijuana Law

A new law in Arkansas, effective August 4, 2017, adds certain protections for employers under the Arkansas Medical Marijuana Amendment of 2016.

Alerts for MarchTop Of Page

OFCCP Adjusts Annual Benchmark for Hiring Protected Veterans

The Office of Federal Contract Compliance Programs (OFCCP) has posted a new annual benchmark for use by contractors required to establish a hiring benchmark for protected veterans under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). The new annual benchmark is 6.7%.

CA: New Restrictions on the Consideration of Criminal History in Employment Decisions

The California Department of Fair Employment and Housing (DFEH) has released final regulations, effective July 1, 2017, that address employers' consideration of criminal history in employment decisions under the state Fair Employment and Housing Act (FEHA).

San Francisco: Employer Annual Reporting Form Due May 1, 2017

Employers covered by San Francisco's Health Care Security Ordinance (HCSO) and/or the Fair Chance Ordinance (FCO) are required to submit the 2016 Employer Annual Reporting Form to the Office of Labor Standards Enforcement by May 1, 2017.

President Trump Eliminates Executive Order 13673 and 'Blacklisting Rule'

President Trump has revoked Executive Order 13673, the Fair Pay and Safe Workplaces Executive Order, and the so-called "blacklisting rule" for federal contractors.

Virginia: New Data Breach Notification Requirement for Employers and Payroll Service Providers

A new law in Virginia, effective July 1, 2017, creates a new notification requirement for employers and payroll service providers in the event of a data breach related to certain state income tax data.

Arkansas Amends Wage Payment Timing Requirements

An amendment to Arkansas' wage payment timing requirements, expected to take effect August 4, 2017, aims to increase the flexibility in the law regarding the frequency of wage payments.

USCIS Reaches H-2B Cap for Fiscal Year 2017

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for fiscal year (FY) 2017.

EEOC Workplace Harassment Checklists Now Available

The U.S. Equal Employment Opportunity Commission (EEOC) has released four checklists to aid employers in preventing harassment in the workplace and responding when it occurs.

Arizona Supreme Court Upholds Legality of State Minimum Wage and Earned Paid Sick Time Ballot Initiative

The Arizona Supreme Court has issued an order upholding the legality of a ballot initiative regarding the state minimum wage and earned paid sick time.

E-Verify Participants: 'Right to Work' Poster Updated

An updated "Right to Work" poster is now available for employers and certain federal or state contractors who participate in the federal E-Verify program.

Idaho Releases Revised Anti-Discrimination Poster

The Idaho Commission on Human Rights (ICHR) has released a revised anti-discrimination poster, dated March 2017.

Virginia Amends Form of Garnishment Summons

A new law in Virginia, effective July 1, 2017, provides that the state-mandated form of garnishment summons will be amended to state that an employee who makes the minimum wage or less for his or her week's earnings will ordinarily get to keep 40 times the minimum hourly wage when such earnings are subject to a garnishment.

DOL Announces Temporary Enforcement Policy on Fiduciary Rule

The U.S. Department of Labor (DOL) has announced a temporary policy regarding its enforcement of the "Fiduciary Rule."

USCIS Will Accept H-1B Petitions For Fiscal Year 2018 Beginning April 3

U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017.

CA Court of Appeal: Commission-Based Compensation Plans Must Separately Account and Pay for Rest Periods

The California Court of Appeal (Second Appellate District) has held that commission-based compensation plans must separately account and pay for rest periods to comply with state law.

USCIS to Temporarily Suspend Premium Processing for All H-1B Petitions

Starting April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B petitions for a period which may last up to 6 months.

IRS Releases 2017 Values for Employer-Provided Vehicles

The IRS has released the maximum vehicle values for 2017 that taxpayers need to determine the value of personal use of employer-provided vehicles under the special valuation rules provided under IRS regulations.

DOL Proposes 60-Day Delay of Fiduciary Rule

The U.S. Department of Labor (DOL) has issued a proposed rule seeking to delay the applicability date of the Fiduciary Rule, which is set to become applicable on April 10, 2017.

Federal Agencies Release Fact Sheet on Employer Retaliation

The U.S. Departments of Labor (DOL) and Justice, along with the U.S. Equal Employment Opportunity Commission (EEOC), have released a fact sheet clarifying that retaliation against workers who assert their workplace rights is unlawful, regardless of the workers' immigration status.

Alerts for FebruaryTop Of Page

IRS Extends Period for Qualified Small Employers to Furnish Initial Written HRA Notice

The Internal Revenue Service (IRS) has extended the period for an employer to furnish an initial written notice to its eligible employees regarding a qualified small employer health reimbursement arrangement (QSEHRA) and has delayed associated penalties until further guidance is issued.

IRS Updates Publication 463 on Travel, Entertainment, Gift, and Car Expenses

The Internal Revenue Service (IRS) has updated Publication 463 (Travel, Entertainment, Gift, and Car Expenses) for use in preparing 2016 returns that are filed in 2017.

D.C. Enacts 'Fair Credit in Employment Amendment Act'

A new law in the District of Columbia prohibits certain discrimination based on a prospective or current employee's credit information.

San Jose Releases Required Notice Under 'Opportunity to Work' Ordinance

The City of San Jose has released a notice that covered employers must post under the San Jose Opportunity to Work Ordinance.

New York Revokes Wage Payment Regulations

The New York Industrial Board of Appeals has revoked recently issued wage payment regulations, and has clarified certain aspects of the law regarding payment by payroll debit card.

USCIS Updates Form I-9 Handbook for Employers

U.S. Citizenship and Immigration Services (USCIS) has released an updated M-274, Handbook for Employers, which provides guidance for complying with the requirements of Form I-9, Employment Eligibility Verification.

DC Passes Law to Provide Benefits During Qualifying Leave

The District of Columbia has passed the "Universal Paid Leave Amendment Act of 2016" to provide benefits to employees during qualifying leave.

IRS Releases Publication 969 for Preparing 2016 Tax Returns

The Internal Revenue Service (IRS) has released a new Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans, which contains information for use in preparing 2016 tax returns.

Reminder: Notification of HIPAA Breaches Affecting Fewer Than 500 Individuals Due to HHS by March 1

HIPAA covered entities are reminded that the deadline to notify the U.S. Department of Health and Human Services (HHS) of breaches of unsecured protected health information affecting fewer than 500 individuals in calendar year 2016 is March 1, 2017.

IRS: Participation in Both an HRA and an HSA is Permissible in Certain Circumstances

IRS guidance clarifies that participation in both a health reimbursement arrangement (HRA) and a health savings account (HSA) is permissible in certain circumstances.

Reminder: Updated Model CHIP Notice Now Available

An updated model notice for employers to provide information on eligibility for premium assistance under Medicaid or the Children's Health Insurance Program (CHIP) is now available for download.

Minnesota Releases Additional Withholding Tax Fact Sheets

The Minnesota Department of Revenue (MDOR) has released a number of withholding tax fact sheets.

OFCCP Releases Renewed Voluntary Self-Identification of Disability Form

The Office of Federal Contract Compliance Programs (OFCCP) has released a renewed Voluntary Self-Identification of Disability Form for use by certain federal contractors. 

Los Angeles Issues Regulations Implementing Fair Chance Initiative for Hiring Ordinance

The City of Los Angeles has released regulations implementing its Fair Chance Initiative for Hiring (Ban the Box) Ordinance.

President Trump Orders Review of Fiduciary Duty Rule

President Trump has issued a memorandum directing the Secretary of Labor to examine the U.S. Department of Labor's (DOL) Fiduciary Duty Rule to determine whether the rule may adversely affect individuals' abilities to gain access to retirement information and financial advice.

President Trump Orders Review of Fiduciary Rule

President Trump has issued a memorandum directing the Secretary of Labor to examine the U.S. Department of Labor's (DOL) Fiduciary Duty Rule to determine whether the rule may adversely affect individuals' abilities to gain access to retirement information and financial advice.

CA Court of Appeal: Whether Notice is Sufficient Under the California Family Rights Act is a Question of Fact

A recent opinion from the California Court of Appeal provides that the question of whether notice is sufficient under the California Family Rights Act (CFRA) is a question of fact for a fact-finder (e.g., a judge or jury) to determine.

Idaho Releases Updated Guide to State Income Tax Withholding

The Idaho State Tax Commission has released a new version of its publication, A Guide to Income Tax Withholding.

New York: Regulations Provide Standards for Limitations on Wage Discussions

New regulations in New York provide standards for limitations on the inquiry about, discussion of, or disclosure of wages amongst employees.

Updated IRS Publication 560 Now Available

The Internal Revenue Service (IRS) has released an updated Publication 560, Retirement Plans for Small Business for use in preparing 2016 returns.

California: Rules for Workplace Violence Prevention in Health Care Create New Obligations

California has passed new rules, generally effective April 1, 2017, regarding workplace violence prevention in the health care industry.

Alerts for JanuaryTop Of Page

Reminder: Employers Must Use New Form I-9

As a reminder, employers should note that U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification. As of January 22, 2017, employers must use the updated form.

Los Angeles Issues Posters and Forms for Compliance with 'Fair Chance Initiative for Hiring' Ordinance

The City of Los Angeles has released posters and forms for compliance with its Fair Chance Initiative for Hiring Ordinance, which limits certain employers' consideration of applicants' criminal history.

NYDOL Releases Proposed Model Templates for Written Notice and Consent under New Wage Regulations

In connection with the adoption of new regulations governing the methods of payment of wages, the New York Department of Labor (NYDOL) has released proposed model templates for written notice and written consent regarding payment via payroll debit card and direct deposit.

IRS Renews Warning about Form W-2 Scam Targeting Payroll and Human Resources Departments

The Internal Revenue Service (IRS) has renewed its warning about an email scam that uses a corporate officer's name to request employee Forms W-2 (and other sensitive employee information) from company payroll or human resources departments.

OSHA Releases Recommended Practices for Anti-Retaliation Programs

The U.S. Occupational Safety and Health Administration (OSHA) has issued a set of Recommended Practices for Anti-Retaliation Programs intended to assist employers in creating workplaces that are free from retaliation.

San Francisco: Paid Parental Leave Ordinance Poster and Other Resources Now Available

The San Francisco Office of Labor Standards Enforcement (OLSE) has released, along with additional compliance resources, the required poster that covered employers must display under the Paid Parental Leave Ordinance (PPLO). A new San Francisco Paid Sick Leave poster is also available.

Illinois Amends Employee Sick Leave Act

Illinois has amended various provisions of its Employee Sick Leave Act.

FAQs on Conflict of Interest Rule for Retirement Plans

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has released two sets of FAQson the agency's conflict of interest rule for retirement plans.

Ohio: Employers Have Exclusive Authority to Establish Certain Workplace Policies

A new law in Ohio, effective March 21, 2017, clarifies that certain employment matters are exclusively the result of an employer's policy or certain agreements between the employer and its employees.

Arizona Releases Paid Sick Time Poster

Beginning July 1, 2017, Arizona employers are required to provide employees with earned paid sick time under the Arizona Fair Wages and Health Families Act.

DOL Adjusts Labor Law Penalties for 2017

The U.S. Department of Labor (DOL) has published a final rule adjusting for inflation the civil monetary penalties assessed for violations of a number of federal labor laws. The rule increases penalties for employers that do not comply with certain requirements under the federal Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Employee Retirement Income Security Act (ERISA), and the Occupational Safety and Health Act (OSH Act), among other laws. The increases generally apply to civil penalties assessed after January 13, 2017, whose associated violations occurred after November 2, 2015.

North Dakota Releases Income Tax Newsletter

The North Dakota State Tax Commissioner has released an income tax newsletter addressing various tax-related developments and deadlines.

Reminder: Medicare Part D Online Disclosure to CMS Due March 1, 2017 for Calendar Year Plans

The Medicare Modernization Act requires employers that provide prescription drug coverage to Medicare Part D-eligible individuals to complete the Online Disclosure Form to the U.S. Centers for Medicare & Medicaid Services (CMS) to report whether such coverage is creditable prescription drug coverage.

Kentucky Law Addresses Deductions from Wages for Union Dues

Under a new law in Kentucky, union dues or fees paid by labor organization members cannot be withheld from earnings without a written or electronic authorization from the employee members or non-members.

Minnesota: Fact Sheet Explains State Income Tax Withholding

The Minnesota Department of Revenue has released a fact sheet that explains Minnesota income tax withholding responsibilities as they relate to classification of wages, employees, and exceptions.

DOL Issues Final Rule for Disability Benefits Claims Process

The U.S. Department of Labor (DOL) has issued a final rule requiring employee benefit plans offering disability benefits to provide additional procedural protections to claimants.

New York: Executive Order Requires Certain State Contractors to Report Employee Data

The Governor of New York has issued an Executive Order requiring certain state contractors to report the job title and salary of each employee performing work on a state contract.

California Releases Minimum Wage FAQs

The California Division of Labor Standards Enforcement has released FAQs addressing the new minimum wage requirements.

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2017

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year 2017.

Reminder to Employers: Post OSHA 300A Summary by February 1, 2017

Employers subject to the recordkeeping requirements of the federal Occupational Safety and Health Act are reminded to post the OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, from February 1 – April 30, 2017.

Reminder to Employers: Post OSHA 300A Summary Starting February 1, 2017

Employers subject to the recordkeeping requirements of the federal Occupational Safety and Health Act are reminded to post the OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, from February 1 – April 30, 2017.

California: Prevailing Wage Determinations for Certain Public Works Projects May Not Be Below $10.50 Per Hour

The California Department of Industrial Relations (DIR) has released a notice stating that the prevailing wage determinations for workers on certain public works projects may not be below $10.50 per hour.

Virginia: Executive Order Prohibits Discrimination by Certain State Contractors

The Governor of Virginia has issued Executive Order 61, which requires certain state contractors with the Executive Branch to agree to a nondiscrimination policy that includes discrimination based on sexual orientation or gender identity.

New Expiration Date for Employer CHIP, COBRA General, and COBRA Election Notices is December 31, 2019

The U.S. Department of Labor (DOL) has extended the effective date of its model Employer CHIP Notice, General Notice of COBRA Rights, and COBRA Election Notice through December 31, 2019. Previously, these model notices expired on December 31, 2016.

Iowa: Information on Electronic Filing of W-2s Available Online

The Iowa Department of Revenue has consolidated information about the state's W-2 electronic filing requirements to one centralized location on its website.

Reminder: W-2 Filing Deadline is Now January 31

The Internal Revenue Service (IRS) is reminding employers of the new January 31 filing deadline for Forms W-2.

Updated IRS Publication 15 Now Available

The Internal Revenue Service (IRS) has released an updated Publication 15 (Circular E), Employer's Tax Guide for use in 2017.

Alerts for DecemberTop Of Page

Handling Employee Attendance During Bad Weather

Snow and slippery conditions during the winter months may make it difficult for your employees to travel to work. Consider the following guidelines that can help your company be prepared when bad weather strikes.

New York: Minimum Weekly Salary for Overtime-Exempt Administrative and Executive Employees Will Increase

The minimum weekly salary required for administrative and executive employees to be exempt from the payment of overtime in New York will increase beginning on December 31, 2016.

DOL Issues Employee Misclassification Website

The U.S. Department of Labor (DOL) has announced the creation of a website where workers, employers and government agencies can find information and resources relating to the misclassification of employees as independent contractors.

California: On-Duty and On-Call Rest Periods Are Prohibited

The Supreme Court of California has held that state law prohibits on-duty and on-call rest periods.

San Jose Enacts Scheduling Ordinance

Voters in San Jose have approved a new ordinance that affects employers' scheduling practices.

Arizona Releases FAQs on Minimum Wage and Earned Paid Sick Time

The Industrial Commission of Arizona has released FAQs on the minimum wage and earned paid sick time.

New Maine Minimum Wage Will Take Effect January 7, 2017

Maine has announced an effective date of January 7, 2017 for its new minimum wage rate, as well as a temporary non-enforcement policy for certain minimum wage laws.

Los Angeles Ordinance Limits Certain Employers' Consideration of Criminal History

A new ordinance in Los Angeles, effective January 22, 2017, limits certain employers' consideration of applicants' criminal history.

IRS: 'Saver's Credit' Helps Low- and Moderate-Income Workers Save for Retirement

The Internal Revenue Service (IRS) is reminding low- and moderate-income workers that they can take steps now to save for retirement and earn a special tax credit in 2016 and years ahead.

OSHA Releases Final Rule Regarding Employer Recordkeeping Obligations

The U.S. Occupational Safety and Health Administration (OSHA) has issued a final rule, effective January 18, 2017, that clarifies an employer's continuing obligation to make and maintain an accurate record of each employee recordable injury and illness.

Massachusetts Exclusion Amounts for Employer-Provided Parking, Transit Pass, and Commuter Highway Vehicle Benefits

Massachusetts has issued a Technical Information Release that explains the 2017 Massachusetts personal income tax exclusion amounts for employer-provided parking, transit pass, and commuter highway vehicle benefits allowed to employees.

New Income Tax Withholding Tables Now Available

The Internal Revenue Service (IRS) has released Notice 1036, Early Release Copies of the Yearly Percentage Method Tables for Income Tax Withholding.

EEOC Issues Guidance on Mental Disability Discrimination

The U.S. Equal Employment OpportunityCommission (EEOC) has issued guidance onthe legal rights of employees with mental health disabilities.  

Certain Small Employer HRAs Now Exempt From ACA Market Reforms

President Obama has signed into law the 21st Century Cures Act, which, among other things, allows small employers to offer new "qualified small employer health reimbursement arrangements" to reimburse employees for qualified medical expenses, including individual health insurance premiums, for years after December 31, 2016. Small employers are defined as those with fewer than 50 full-time equivalent employees who do not offer a group health plan. 

IRS Announces 2017 Standard Mileage Rates

The Internal Revenue Service (IRS) has issued the 2017 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.

IRS: Tax Filing Season Begins January 23

The Internal Revenue Service (IRS) has announced that tax season will begin Monday, January 23, 2017 and that the filing deadline to submit 2016 tax returns is April 18, 2017.

Prevent the Spread of Germs at Work

Everyday preventive actions that can help prevent the spread of germs in the workplace include:

California: Employers Have a Duty to Prevent Carrying Asbestos from the Premises to Household Members

The California Supreme Court recently addressed the issue of whether (among other things) an employer that uses asbestos in the workplace has a duty of care to protect members of an employee’s household from exposure to asbestos through off-site contact with employees who carry asbestos fibers on their work clothing, tools, vehicles, or persons.

Massachusetts: Transportation Network Companies Must Conduct Background Checks

A new law in Massachusetts requires that (among other things) transportation network companies conduct background checks.

OSHA Releases 'Recommended Practices for Safety and Health Programs in Construction' Publication

The U.S. Occupational Safety and Health Administration (OSHA) has released its Recommended Practices for Safety and Health Programs in Construction publication to help employers improve safety and health at construction worksites.

Reminder to D.C. Employers: New Online Tax Portal Now Available

The District of Columbia Office of Tax and Revenue (OTR) has announced that business taxpayers may now view real-time account information, file a variety of taxes, and design their own payment plans with a new tax portal.

DOL Appeals Nationwide Preliminary Injunction Against New Federal Overtime Rule

The U.S. Department of Justice, on behalf of the U.S. Department of Labor, has filed a notice to appeal the nationwide preliminary injunction previously granted against implementation and enforcement of the new federal overtime rule, which was set to become effective on December 1, 2016. The appeal will be heard by the U.S. Circuit Court of Appeals for the Fifth Circuit.

State Minimum Wages Set to Increase

The minimum wage will rise in a number of states next year.

New Expiration Date for Employer CHIP, COBRA General, and COBRA Election Notices is December 31, 2016

The U.S. Department of Labor (DOL) has extended the effective date of its model Employer CHIP Notice, General Notice of COBRA Rights, and COBRA Election Notice through December 31, 2016. Previously, these model notices were set to expire on November 30, 2016. These model notices are the most current versions provided by the DOL.

Alerts for NovemberTop Of Page

Reminder: New ADA Wellness Program Notice Requirement Effective January 1, 2017

Employers subject to the Americans with Disabilities Act (ADA)—generally those with 15 or more employees—that offer a wellness program that collects employee health information are reminded that they must provide a new notice to employees as of the first day of the plan year that begins on or after January 1, 2017.

HHS Alert: Phishing Email Disguised as Official HIPAA Audit Communication

The U.S. Department of Health and Human Services (HHS) has become aware of a phishing email that is being circulated on mock HHS Departmental letterhead under the signature of the Office of Civil Rights' Director, Jocelyn Samuels.

New York City Law Provides Certain Protections for 'Freelance' Workers

A new law enacted by the New York City Council, effective May 15, 2017, establishes and enhances protections for freelance workers, including, among other things, the right to a written contract and the right to timely payment.

U.S. District Court Grants Nationwide Preliminary Injunction Against New Federal Overtime Rule

The U.S. District Court for the Eastern District of Texas has granted a nationwide preliminary injunction against the U.S. Department of Labor's (DOL) new federal overtime rule, which was set to become effective on December 1, 2016. The injunction prevents enforcement of the final rule on a nationwide basis.

EEOC Updates Enforcement Guidance on National Origin Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has issued updated enforcement guidance on national origin discrimination to replace its 2002 compliance manual section on that subject.

Pennsylvania: New Rules Regarding Electronic Funds Transfers and Payroll Cards

A new law in Pennsylvania sets forth rules regarding electronic funds transfers and payroll cards.

Federal Court Issues Nationwide Permanent Injunction Against DOL Persuader Rule

A federal district court has issued a nationwide permanent injunction against the U.S. Department of Labor's (DOL) final "persuader rule."

New Expiration Date for COBRA General and Election Notices is November 30, 2016

The U.S. Department of Labor has extended the effective date of its model General Notice of COBRA Rights and COBRA Election Notice through November 30, 2016. Previously, these model notices were set to expire on October 31, 2016.

Reminder to San Francisco Employers: PPLO Phase-In Begins January 1, 2017

The San Francisco Office of Labor Standards Enforcement (OLSE) is reminding employers of their responsibilities under the Paid Parental Leave Ordinance (PPLO).

Reminder: New Federal Overtime Rule Effective December 1

Effective December 1, a new rule updates the regulations governing which executive, administrative, professional, and highly compensated employees are entitled to the minimum wage and overtime pay protections of the federal Fair Labor Standards Act (FLSA).

Missouri: Minimum Wage Rises to $7.70 Per Hour

The Missouri Department of Labor has announced that the state minimum wage will rise, effective January 1, 2017, to $7.70 per hour for non-tipped employees.

USCIS Releases New Form I-9

U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification.

Summary of State Ballot Initiatives Passed in 2016 Election

Many states passed new laws during the 2016 election. Below is a summary of the results.

Arizona Adopts Earned Paid Sick Time Law

Effective July 1, 2017, a new law in Arizona requires most private employers to offer paid sick time to eligible employees.

Colorado Voters Approve Minimum Wage Increases

Voters in Colorado have approved an initiative that raises the state minimum wage. Under the initiative, Colorado's minimum wage is increased to $9.30 per hour (from $8.31 per hour), effective January 1, 2017.

Washington Voters Approve Minimum Wage Increases and Paid Sick Leave

Voters in Washington State have approved a ballot initiative that raises the state minimum wage and requires paid sick leave.

Maine Raises Minimum Wage

Maine voters have approved an initiative that increases the state minimum wage.

Arizona: Minimum Wage Rises to $12.00 Per Hour Over the Next Several Years

A new law in Arizona provides for a rise in the hourly minimum wage to $10.00 per hour (from $8.05 per hour), effective January 1, 2017.

DOL Releases New Online Tool to Help Employers Understand Medical- and Disability-Related Leave

The U.S. Department of Labor (DOL) has unveiled a new online tool to help employers (and employees) understand the medical and disability leave to which employees may be entitled to manage medical conditions and disabilities.

New Expiration Date for Model CHIP Notice is November 30, 2016

The U.S. Department of Labor has extended the effective date of its model Employer Children's Health Insurance Program (CHIP) Notice through November 30, 2016. Previously, this model notice was set to expire on October 31, 2016.

DOL Releases Advance Copies of 2016 Form 5500 and Form 5500-SF

The U.S. Department of Labor (DOL) and other federal agencies have released advance informational copies of the 2016 Form 5500 and Form 5500–SF and related instructions. These advance copies are for informational purposes only and cannot be used to file an annual return/report.

Arizona: Minimum Wage Rises to $8.15 Per Hour

The Industrial Commission of Arizona has announced that the state minimum wage will rise to $8.15 per hour (from $8.05 per hour), effective January 1, 2017.

California Court of Appeal: Employers Not Required to List Accrued Paid Vacation Time in Wage Statements

In a recent opinion, a California Court of Appeal concluded that the California Labor Code does not require employers to include the monetary value of accrued paid vacation time in employee wage statements unless and until a payment is due at the termination of the employment relationship.

California: Transportation Network Companies Must Conduct Certain Background Checks

Under a new law in California, a transportation network company must conduct (or have a third party conduct) a local and national criminal background check for each participating driver that includes certain features.

Nevada: State Supreme Court Clarifies Minimum Wage Amendment Provisions

In a recent opinion, the Nevada Supreme Court clarified certain provisions of the state Minimum Wage Amendment (MWA) to the Nevada Constitution.

Alerts for OctoberTop Of Page

IRS: Employers Face New January 31 W-2 Filing Deadline

The Internal Revenue Service (IRS) is reminding employers of a new January 31 filing deadline for Forms W-2.

OSHA Releases Updated Recommended Practices for Safety and Health Programs

The U.S. Occupational Safety and Health Administration (OSHA) has released a set of Recommended Practices for Safety and Health Programs to help employers establish a methodical approach to improving safety and health in their workplaces.

IRS Announces Retirement Plan Limits for 2017

The IRS has announced cost-of-living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2017.

USCIS: Current Form I-9 Valid Until January 21, 2017

U.S. Citizenship and Immigration Services (USCIS) has announced that employers may continue using the current version of Form I-9 until January 21, 2017.

Pennsylvania: Mandatory Payment by Payroll Debit Card Does Not Meet State Wage Payment and Collection Law's Requirements

In a recent opinion, the Superior Court of Pennsylvania concluded that the mandatory payment of wages by payroll debit card does not meet the requirement of the state's Wage Payment and Collection Law (WPCL) that "wages shall be paid in lawful money of the United States or check."

IRS Releases 2017 Inflation Adjustments for Various Tax Benefits

The Internal Revenue Service (IRS) has announced a number of inflation-adjusted tax items for 2017, some of which remain unchanged. Among other items, the annual dollar limit on employee contributions to employer-sponsored health flexible spending arrangements (FSAs) rises to $2,600 (up from $2,550 in 2016).

Alaska: Minimum Wage Rises to $9.80 Per Hour

The Alaska Division of Labor Standards and Safety has announced that the state minimum wage will rise to $9.80 per hour (from $9.75 per hour), effective January 1, 2017.

Massachusetts: No Statewide Approval for Permits to Open on Thanksgiving Day and Christmas Day 2016

The Massachusetts Department of Labor Standards (DLS) recently released guidance stating that it will not issue statewide approval for permits for businesses to open on Thanksgiving Day or Christmas Day 2016.

CA: Employers May Not Require Employees to Adjudicate Certain Claims Out of State

Under a new law in California, an employer generally may not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would do either of the following:

Enforcement of Anti-Retaliation Provisions of OSHA Injury and Illness Tracking Rule Delayed Until December 1, 2016

The U.S. Occupational Safety and Health Administration (OSHA) has agreed to further delay enforcement of the anti-retaliation provisions in its injury and illness tracking rule until December 1, 2016.

New Hampshire: Certain Ski Area Employees Exempt from State Minimum Wage Law

A new law in New Hampshire, effective November 1, 2016, amends the state's minimum wage law.

State Voting Leave Requirements

With the upcoming elections quickly approaching, employers should be aware of their obligations under state law to provide voting leave for employees.

South Dakota: Minimum Wage Rises to $8.65 Per Hour

The South Dakota Department of Labor and Regulation has announced that the state minimum wage will rise to $8.65 per hour (from $8.55 per hour), effective January 1, 2017.

Social Security Administration Announces 0.3% Benefit Increase for 2017

The Social Security Administration has announced that monthly Social Security and Supplemental Security Income (SSI) benefits will increase 0.3% in 2017.

San Francisco Amends Paid Sick Leave Ordinance

The City of San Francisco has amended the city's paid sick leave ordinance, effective January 1, 2017.

IRS: Expanded Tax Relief Available in Parts of Four States for Victims of Hurricane Matthew

The IRS has announced that Hurricane Matthew victims in much of North Carolina and parts of South Carolina, Georgia and Florida have until March 15, 2017, to file certain business tax returns (and individual tax returns) and make certain tax payments.

Florida: Minimum Wage Rises to $8.10 Per Hour

The Florida Department of Economic Opportunity has announced that the minimum wage in Florida will rise to $8.10 per hour (from $8.05 per hour), effective January 1, 2017. Also effective January 1, 2017, the minimum wage will rise to $5.08 per hour for tipped employees who meet the eligibility requirements for the tip credit under the federal Fair Labor Standards Act (FLSA).

California Releases Overtime Exemption Rates for Certain Computer Software Employees and Certain Licensed Physicians and Surgeons

The California Department of Industrial Relations has released the 2017 overtime exemption rates for certain computer software employees and certain licensed physicians and surgeons.

IRS Releases Updated Retirement Plan Correction Procedures

The IRS has released a new revenue procedure that updates the retirement plan correction procedures of the Employee Plans Compliance Resolution System (EPCRS).

PBGC Proposes Expanding Missing Participants Program

The U.S. Pension Benefit Guaranty Corporation (PBGC) has issued a proposed rule that would expand its existing Missing Participant Program to cover terminated 401(k) and other defined contribution plans and certain defined benefit plans that are not currently covered by the program. 

California: Single-User Toilet Facilities Must Be Identified as All-Gender

Effective March 1, 2017, all single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency must be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use.

EEOC to Collect Summary Pay Data on Annual EEO-1 Report

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that, starting in March 2018, it will collect summary employee pay data from certain employers. The summary pay data will be added to the annual Employer Information Report (EEO-1).

California Amends Equal Pay Law

A new law in California, effective January 1, 2017, makes certain changes to the state's equal pay law.

California Implements Secure Choice Retirement Savings Program

A new law in California implements the California Secure Choice Retirement Savings Program—a voluntary workplace retirement savings plan that enables participation through automatic employee payroll contributions into a personal retirement account managed by the California Secure Choice Retirement Savings Investment Board ("Board").

California Bans Certain Immigration-Related Hiring Practices

Under a new law in California, effective January 1, 2017, it is unlawful for an employer, in the course of satisfying federal work verification requirements, to do any of the following:

District of Columbia: New Guidance to Test for Gender Identity Discrimination During Hiring Process

The District of Columbia's Office of Human Rights has released new guidance that provides employers with step-by-step instructions for testing whether discrimination against transgender applicants may be occurring during the application review stage of the hiring process.

California Limits Criminal Background Inquiries Regarding Juvenile Court Proceedings

A new law in California, effective January 1, 2017, prohibits an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information related to whether the applicant was ever subject to a juvenile court proceeding.

New Jersey: Minimum Wage Rises to $8.44 Per Hour

The New Jersey Department of Labor and Workforce Development has announced that the minimum wage in New Jersey will rise to $8.44 per hour.

Final Rules on Implementing Paid Sick Leave for Federal Contractors Released

The U.S. Department of Labor (DOL) has issued final rules to implement Executive Order 13706, which requires certain parties that enter into covered contracts with the federal government to provide covered employees with up to 7 days of paid sick leave annually (among other things).

Alerts for SeptemberTop Of Page

Montana Increases Minimum Wage to $8.15 Per Hour

The state of Montana has announced that the state minimum wage will increase to $8.15 per hour (from $8.05 per hour), effective January 1, 2017.

Ohio: Minimum Wage Rises to $8.15 Per Hour in January

Ohio's minimum wage is scheduled to increase on January 1, 2017, to $8.15 per hour for non-tipped employees and $4.08 per hour for tipped employees.

EEOC Launches Small Business Online Resource Center

The U.S. Equal Employment Opportunity Commission (EEOC) has released an online Small Business Resource Center, through which small business owners can find answers to common questions about their responsibilities under the federal employment antidiscrimination laws, along with tips on preventing workplace discrimination and how to address potential employment discrimination issues.   

California Amends Bay Area Commuter Benefit Ordinance

A new law in California makes certain changes to the Bay Area Commuter Benefits Program.

IRS Releases 2016-2017 Special Per Diem Rates

The Internal Revenue Service (IRS) has released an annual notice that provides the 2016-2017 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home.

Washington State Increases Minimum Wage to $9.53 Per Hour

The state of Washington has announced that the state minimum wage will increase to $9.53 per hour (from $9.47 per hour), effective January 1, 2017.

San Francisco Amends Paid Parental Leave Ordinance

An amendment to the San Francisco Paid Parental Leave Ordinance, effective October 15, 2016, modifies the employee eligibility requirements for paid parental leave.

California: Certain Employers Must Provide Notice of Domestic Violence Rights

Under an amended law in California, employers with 25 or more employees must inform each employee—in writing—of certain rights regarding domestic violence, sexual assault, and stalking.

California Enacts Property Service Workers Protection Act

Under a new law in California, employers of janitors (including any individual predominantly working, whether as an employee, independent contractor, or a franchisee, as a janitor) must keep certain records, distribute certain notices, and must take part in required sexual violence and harassment prevention training.

Penalties Increased for Violations of HIPAA's Administrative Simplification Rules

The U.S. Department of Health and Human Services (HHS) has published an interim final rule adjusting for inflation the civil monetary penalties assessed for violations of the Administrative Simplification Rules under the Health Insurance Portability and Accountability Act (HIPAA). The increases generally apply to civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015.

California Amends Data Breach Notification Law

California has amended its data breach notification law to cover certain situations in which encrypted personal information—along with the encryption key or security credential—was (or is reasonably believed to have been) acquired by an unauthorized person.

Minimum Wage for Covered Federal Contract Workers Will Rise to $10.20 Per Hour

The U.S. Department of Labor (DOL) has announced that the minimum wage for workers performing work on or in connection with certain federal contracts will rise to $10.20 per hour ($6.80 per hour for covered tipped employees) beginning January 1, 2017.

IRS Urges Employers to Take Advantage of Expanded Work Opportunity Tax Credit

The IRS is urging employers to take advantage of a special September 28, 2016 certification deadline regarding the Work Opportunity Tax Credit (WOTC).

Federal Appeals Court Upholds Los Angeles Citywide Hotel Worker Minimum Wage Ordinance

The U.S. Court of Appeals for the Ninth Circuit recently upheld theLos Angeles Citywide Hotel Worker Minimum Wage Ordinance.

Arizona Amends Unemployment Insurance Law

Under a new law in Arizona, an unemployed individual is generally eligible to receive benefits with respect to any week only if (among other things) the state Department of Economic Security finds that he or she is available for work and both of the following apply:

California: Barbering and Cosmetology Establishments Must Post Workplace Notice

Under a new law in California, beginning July 1, 2017 (upon availability of the posting notice developed by the Labor Commissioner), an establishment licensed by the Board of Barbering and Cosmetology is required to post a notice pertaining to workplace rights and wage and hour laws.

California Law Requires Notice of Eligibility for Earned Income Tax Credits

A new California law requires employers to provide written notice to employees of their potential eligibility for both the federal and California Earned Income Tax Credits (EITCs).

California Enacts Phase-In Overtime Law for Agricultural Workers

California has enacted legislation to extend the payment of overtime compensation to agricultural employees on a phased-in implementation schedule.

DOL Issues Compliance Guidance for Employee Benefit Plans in Wake of Louisiana Storms

In light of recent storms and flooding in Louisiana, the U.S. Department of Labor (DOL) has issued guidance regarding compliance with employee benefit plan rules for those adversely impacted in the state since August 11, 2016.

New York: Wage Regulations Address Payment by Direct Deposit

Recently issued regulations by the New York Department of Labor concerning payroll debit cards also contain certain provisions addressing payment by direct deposit.

Illinois: New Law Expands Victim Leave Coverage to Employers of Any Size

A new law in Illinois expands state victim leave to cover employers of any size.

California Expands Domestic Worker Bill of Rights

A new law in California, effective January 1, 2017, provides for permanent overtime protections to privately hired domestic workers.

USCIS: H-2B Employers Should Continue to Identify 'Returning Workers' in Petitions for FY 2017

U.S. Citizenship and Immigration Services (USCIS) is urging prospective H-2B employers seeking to hire potential "returning workers" with employment start dates in fiscal year (FY) 2017 to continue to identify these workers and provide the H-2B Returning Worker Certification.

San Francisco Releases 2017 HCSO Rates

The San Francisco City & County Office of Labor Standards Enforcement (OLSE) has released the 2017 health care expenditure rates concerning the Health Care Security Ordinance (HCSO).

New York Enacts Payroll Card Regulations

The state of New York has enacted new regulations, effective March 7, 2017, to provide clarification and specification as to permissible methods of payment, including payroll debit cards.

Massachusetts Issues Guidance on Transgender Workers' Rights in the Workplace

The Massachusetts Commission Against Discrimination (MCAD) has released guidance for employers regarding transgender workers' protections under state law, which prohibits discrimination against transgender individuals in places of public accommodation.

Illinois Amends Personal Online Account Privacy Law

Effective January 1, 2017, a new law in Illinois makes certain changes to the restrictions on employers regarding employee personal online accounts.

Final Regulations Implement Supreme Court's Same-Sex Marriage Decision for Federal Tax Purposes

The Internal Revenue Service (IRS) recently issued final regulations providing (among other things) that a marriage of two individuals is generally recognized for federal tax purposes if the marriage is recognized by the state, possession, or territory of the United States in which the marriage is entered into, regardless of domicile.

Certain Prospective Federal Contractors Must Disclose Labor Law Violations

Federal agencies have issued a final rule and guidance requiring certain prospective federal contractors to (among other things) disclose labor law violations.

Washington: Employers Must Renew Permission to Employ Teens During School Year

The Washington State Department of Labor and Industries is reminding employers that they have a September 30 deadline to renew and have on file permission from parents and schools for teens to work during the school year.

Massachusetts: New Law Permits Transport and Delivery of Goods on Sundays and Holidays

Effective as of August 10, 2016, a new law amends the Massachusetts Blue Laws to allow the transport, delivery and warehousing of goods on Sundays and certain holidays.

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

The U.S. Equal Employment Opportunity Commission (EEOC) has issued final Enforcement Guidance on retaliation and related issues.

Illinois Enacts Domestic Workers' Bill of Rights Act

A new law in Illinois amends several state laws to provide protections for certain domestic workers. Affected state laws include the Human Rights Act, the Minimum Wage Law, the Wages of Women and Minors Act, and the One Day Rest In Seven Act.

California Supreme Court: Final Pay Provisions Apply to Workers Who Retire

The Supreme Court of California has released an opinion that addresses whether an employer must make prompt payment of the final wages to an employee who retires.

Alerts for AugustTop Of Page

Colorado Releases Pregnancy Accommodations Notice

The Colorado Civil Rights Division has released a notice for employers to use to comply with state law regarding pregnancy accommodations.

Massachusetts Prohibits Gender Identity Discrimination in Places of Public Accommodation

A new law in Massachusetts, effective October 1, 2016, extends protections against gender identity discrimination to any place of public accommodation.

Updated Model Employer CHIP Notice Now Available

An updated model notice for employers to provide information on eligibility for premium assistance under Medicaid or the Children's Health Insurance Program (CHIP) is now available for download.

Illinois Prohibits 'Covenants Not to Compete' for Low-Wage Employees

A new law in Illinois, effective January 1, 2017, prohibits "covenants not to compete" for low-wage employees.

Reminder: Medicare Part D Notice Due by October 14

In preparation for the Medicare fall open enrollment period, employers sponsoring group health plans that include prescription drug coverage are required to notify all Medicare-eligible individuals whether such coverage is creditable.

Illinois: Hotels and Motels Must Display Human Trafficking Poster

Under a new law in Illinois, effective July 1, 2017, the owner of a hotel or motel must post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity.

Arizona Law Provides Way for Employers to Prove Existence of Independent Contractor Relationships

Under a new law in Arizona, an employer contracting with an independent contractor generally may prove the existence of an independent contractor relationship (for the purposes of state labor law) by the independent contractor executing a declaration of independent business status and by the employer acting in a manner substantially consistent with the declaration.

Massachusetts: Large Employers Must Provide Paid Leave for Veterans on Veterans Day

Effective as of July 14, 2016, a new law in Massachusetts requires private employers with 50 or more employees to provide paid leave to any veteran desiring to participate in a Veterans Day exercise, parade, or service in his or her community of residence.

IRS Issues Guidance on Waiver of the 60-day IRA Rollover Requirement

The Internal Revenue Service (IRS) has issued guidance that provides a self-certification procedure designed to help recipients of retirement plan distributions who inadvertently miss the 60-day time limit for properly rolling these amounts into another retirement plan or individual retirement arrangement (IRA).

Illinois Enacts Employee Sick Leave Act

A new law in Illinois allows an employee to use personal sick leave benefits provided by an employer for absences due to illnesses, injuries, or medical appointments of certain family members of the employee.

Reminder: Guidance Available on Avoiding Employee Misclassification Under the FLSA

As a reminder to employers, the U.S. Department of Labor's (DOL) Wage and Hour Division previously issued guidance on how to avoid misclassifying employees as independent contractors for purposes of the federal Fair Labor Standards Act (FLSA).

California Requires Registration for Contractors Who Hire Foreign Labor and Provides Protections for Foreign Workers

Effective as of July 1, 2016, a new law in California requires contractors who hire foreign laborers to register with the California Labor Commission, and prohibits California businesses from knowingly entering into an agreement for the services of a foreign labor contractor that is not registered under the law.

Illinois Amends Secure Choice Savings Program

A new law amends the Illinois Secure Choice Saving Programs Act (Secure Choice).

Free Webinar on IRS Tax Calendar for Businesses

The Internal Revenue Service (IRS) is holding a webinar on tracking federal tax due dates on your computer or mobile device using certain IRS resources.

New Hampshire Law Prohibits Retaliation Based on Flexible Work Schedule Requests

Under a new law in New Hampshire, an employer may not retaliate against an employee solely because he or she requests a flexible work schedule.

California: Employers Must Electronically Submit Employment Tax Returns, Wage Reports, and Payroll Tax Deposits

A California law requires employers to electronically submit employment tax returns, wage reports, and payroll tax deposits to the state Employment Development Department (EDD).

Reminder for Federal Contractors and Subcontractors: 2016 VETS-4212 Reporting Deadline is September 30

The U.S. Department of Labor (DOL) is reminding federal contractors and subcontractors that the 2016 VETS-4212 reporting season started on August 1, 2016 and ends on September 30, 2016.

Illinois Enacts Child Bereavement Leave Act

A new law in Illinois allows certain employees to take child bereavement leave.

Rhode Island Law Prohibits Certain Wage Deductions Without Employee Approval

Under a new law in Rhode Island, an employer may not deduct or withhold any monies not authorized by federal or state law or by court order from an employee's wages, without first getting written or electronic approval from the employee.

EEO-1 Survey Now Open for 2016

The U.S. Equal Employment Opportunity Commission (EEOC) has reminded qualifying entities that EEO-1 reports must be filed by September 30, 2016.

California: Itemized Wage Statements Not Required to Show Hours Worked by Certain Exempt Employees

A new law in California provides that itemized wage statements are not required to show total hours worked by certain exempt employees.

OSHA Releases Guidance on Protecting Outdoor Workers from Exposure to Zika Virus

The Occupational Safety and Health Administration (OSHA) has issued guidance for protecting outdoor workers from occupational exposure to Zika virus.

Vermont: Military Leave and Continuation of Benefits Law to Include Members of Other States' National Guard

Vermont has announced that its existing private employer military leave and continuation of health insurance requirements for members of the Armed Forces Reserves, The Ready Reserves, and the Vermont National Guard,  now apply to members of the National Guard of another state.

Arizona Issues Guidance on State Withholding Rules

The Arizona Department of Revenue has issued guidance on withholding requirements imposed on employee benefits, withholding requirements imposed on tip income, and determining whether a worker is an employee or independent contractor for state withholding purposes.

Massachusetts Amends Equal Pay Law

A new law in Massachusetts, effective July 1, 2018, amends the Commonwealth's equal pay law.

IRS Offers Free Webinar on Employee Plan Compliance

The IRS is offering a free webinar about employee plan compliance on Thursday, August 25, 2016 at 2 p.m. Eastern Time.

IRS Alerts Payroll and HR Professionals to 'Phishing' Scheme Involving W-2s

The Internal Revenue Service (IRS) has issued an alert to payroll and human resources professionals to beware of a "phishing" email schemethat purports to be from company executives and requests personal information on employees.

California: Public Works Contractors Must Resume Submitting Certified Payroll Records Online

The California Department of Industrial Relations (DIR) recently announced that, as of August 1, 2016, enforcement of the requirement for Public Works contractors and subcontractors to submit certified payroll records online has resumed.

Delaware Laws Address Discrimination Based on Family Responsibilities, Disclosure of Wages, and Reproductive Health Decisions

New laws in Delaware address discrimination based on family responsibilities, the disclosure of wages, and reproductive health decisions.

Louisiana: Hotels Required to Display Human Trafficking Poster

Under a new law in Louisiana, effective August 1, 2016, each hotel must post information regarding the National Human Trafficking Resource Center hotline in the same location where other employee notices required by state or federal law are posted.

North Carolina: New Law Restores Claim for Wrongful Discharge under State Nondiscrimination Law

Effective as of March 23, 2016, a new law in North Carolina restores claims for wrongful discharge under the state nondiscrimination law.

DOL Revises Federal Minimum Wage and Employee Polygraph Workplace Posters

The U.S. Department of Labor (DOL) has recently updated its Fair Labor Standards Act and Employee Polygraph Protection Act posters. The new versions are now available for download.

Alerts for JulyTop Of Page

IRS Offers Tips to Help Businesses Prepare for Natural Disasters

With hurricane season underway, the IRS is offering advice to those impacted by storms and other natural disasters. The following tips may help businesses prepare for such events:

DOL Issues Guidance for Private Employers on Final Overtime Rule

The U.S. Department of Labor (DOL) has released guidance on its final overtime rule to help private sector employers evaluate current practices and transition to the rule's requirements.

Rhode Island: Mandated Short Term Disability Rates Increase

Rhode Island has announced that its weekly maximum and minimum short term disability rates have increased.

What Employers Should Know About Using Payroll Cards

Employers utilizing payroll debit cards must comply with certain laws and regulations, including guidance issued by the federal Consumer Financial Protection Bureau.

EEOC Issues Revised Proposed Changes to EEO-1 Report

The U.S. Equal Employment Opportunity Commission (EEOC) has released revised proposed changes to the Employer Information Report (EEO-1).

Reminder: Minnesota Minimum Wage Rates Increase on August 1, 2016

The minimum wage rates in Minnesota will rise on August 1, 2016, according to the following schedule:

Colorado Repeals Certain State Employment Verification Requirements

A new law in Colorado, effective August 10, 2016, repeals certain state employment verification requirements.

Tennessee Amends Notice Requirements for Entities Prohibiting Weapons

A new law in Tennessee amends the notice requirements for entities that prohibit the possession of weapons.

OSHA's Electronic Reporting Rule Also Clarifies Employees' Rights to Report Injuries Free from Retaliation

The U.S. Occupational Safety and Health Administration's (OSHA) recent final rule requiring certain employers to electronically submit injury and illness data also clarifies employees' rights to report work-related injuries and illnesses free from retaliation.

Agencies Propose Revisions to Form 5500 Series Annual Returns/Reports

The U.S. Department of Labor (DOL) and other federal agencies have released two proposed rules revising the Form 5500 and Form 5500-SF Annual Returns/Reports filed annually by certain pension and welfare benefit plans.

New York: Discrimination Based on Association Prohibited

The New York State Division of Human Rights has issued a regulation that prohibits discrimination against an individual because of his or her known relationship or association with a member of a protected class under the state Human Rights Law.

Oklahoma Clarifies the Relationships Between Franchisors, Franchisees, and Employees

Under a new law in Oklahoma, a franchisor is not considered the employer of a franchisee or a franchisee's employees.

Setting a Workplace Dress Code

The arrival of summer temperatures can leave some employers unsure about how to set dress standards that are both in line with the company image and in compliance with the law. The tips below may be helpful.

Penalties Set to Increase for Violating Federal Wage-Hour and Benefits Laws

The U.S. Department of Labor (DOL) has published an interim final rule adjusting for inflation the civil monetary penalties assessed for violations of a number of federal laws.

Summer Interns May Be Subject to Minimum Wage and Overtime Requirements

Employers planning to hire interns this summer should keep in mind that the U.S. Department of Labor (DOL) has stated that private sector internships are most often considered "employment," subject to the federal minimum wage and overtime rules.

District of Columbia: Minimum Wage Rises to $11.50 Per Hour on July 1, 2016

As a reminder, the District of Columbia's minimum wage will rise to $11.50 per hour beginning July 1, 2016.

Alerts for JuneTop Of Page

OFCCP Posts New Annual Benchmark for Hiring Protected Veterans

The Office of Federal Contract Compliance Programs (OFCCP) has posted a new annual benchmark for use by contractors required to establish a hiring benchmark for protected veterans under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).

San Francisco: Minimum Wage Rises to $13.00 Per Hour on July 1, 2016

As a reminder, the San Francisco minimum wage will rise to $13.00 per hour beginning July 1, 2016.

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