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 AprilTop Of Page

CA: Redwood City Adopts Minimum Wage Ordinance

Redwood City, California has adopted a minimum wage ordinance.

Massachusetts Limits Certain Criminal History Inquiries

Massachusetts has limited certain inquiries into criminal history.

CA: Emeryville Minimum Wages Rise July 1, 2018

Effective July 1, 2018, the minimum wage in Emeryville, California will rise to $15.00 per hour for small businesses (55 or fewer employees) and to $15.69 per hour for large businesses (56 or more employees).

Maine Releases Sexual Harassment Training Checklist

Maine has released a sexual harassment training checklist, which certain employers must use to develop a sexual harassment training program.

NY: Employers Required to Adopt Sexual Harassment Policy and Training Program

A new law requires employers in New York to adopt a sexual harassment policy and training program that meet certain standards.

FAQs Released on Paid Family and Medical Leave Tax Credit for Employers

The Internal Revenue Service has released FAQs on the Paid Family and Medical Leave Tax Credit, which certain employers can soon claim based on wages paid to employees on family and medical leave. The tax credit is effective for tax years 2018 and 2019.

San Francisco Amends 'Ban the Box' Law

San Francisco has amended its "Ban the Box" law to prohibit employers with 5 or more employees from inquiring about, discussing, or requiring disclosure of an applicant's conviction history until after a conditional offer of employment. This amendment is effective October 1, 2018.

DOL Clarifies Federal Law on Tip Pooling

The U.S. Department of Labor has released guidance clarifying federal law on tip pooling.

Virginia: Employees Terminated for Gross Misconduct Ineligible for Mini-COBRA

Virginia has amended its mini-COBRA law to exclude covered employees terminated for gross misconduct.

San Francisco: Employer Annual Reporting Form Due April 30, 2018

Employers covered by San Francisco's Health Care Security Ordinance (HCSO) and/or the Fair Chance Ordinance (FCO) are required to submit the 2017 Employer Annual Reporting Form to the Office of Labor Standards Enforcement by April 30, 2018.

Car Dealership Service Advisors Ruled Exempt From Federal Overtime Pay Requirements

The U.S. Supreme Court has ruled that service advisors—employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions—are exempt from the federal Fair Labor Standards Act (FLSA) overtime pay requirements. However, employers of service advisors are reminded that these employees may still be eligible for overtime pay under state law.

Alerts for MarchTop Of Page

Virginia Expands National Guard Employment Protections

A new law in Virginia expands certain National Guard employment protections (i.e., leave, reemployment, and nondiscrimination) to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia.

Tax Help Available Ahead of April 17 Filing Deadline

With the April 17 federal income tax deadline fast approaching, the Internal Revenue Service (IRS) is reminding taxpayers that they can find most answers to their tax questions by taking advantage of the wide variety of easy-to-use online tools available on IRS.gov.

New York Paid Family Leave: Updated Guidance on Deductions and Voluntary Coverage

New York has updated two provisions of its paid family leave guidance regarding deductions from employees' wages and voluntary coverage.

Reminder: Group Health Plans Required to Offer Special Enrollment

Under HIPAA, certain events that happen to employees or their dependents trigger a right to "special enroll" in an employer-sponsored group health plan. Special enrollment allows individuals who previously declined health coverage to enroll for coverage outside of a plan's open enrollment period. To learn more, please read this HR News Alert.

Oregon: Forms for New Statewide Transit Tax Now Available

Oregon has released forms for employers regarding its new statewide transit tax.

Reminder: 2017 EEO-1 Report Due March 31, 2018

Certain employers must submit their 2017 EEO-1 reports to the U.S. Equal Employment Opportunity Commission (EEOC) no later than March 31, 2018.

Washington Passes 'Ban the Box' Law

Washington has passed a "Ban the Box" law. The law is expected to take effect on June 6, 2018.

Maryland Releases Updated Sick and Safe Leave Poster and Model Policies

Maryland has released an updated poster and model policies regarding its sick and safe leave law, which is currently in effect.

Massachusetts Issues Guidance and Questions and Answers on Pregnant Workers Fairness Act

Massachusetts has issued guidance and Q&As on its Pregnant Workers Fairness Act, which takes effect April 1, 2018.

Reminder: New Procedures for Disability Plan Claims Effective Soon

Effective for disability benefit claims filed after April 1, 2018, a new rule from the U.S. Department of Labor (DOL) requires ERISA-covered employee benefit plans offering disability benefits to provide additional procedural protections to claimants. The new rule ensures that protections for disability claimants parallel protections under the Affordable Care Act that already apply when workers file claims for group health benefits. These new protections apply to all ERISA-covered disability plans, regardless of how the benefit is characterized by the plan or whether the plan is a pension plan or a welfare plan.

DOL Replaces Guidance on Employee Classification

The U.S. Department of Labor (DOL) has withdrawn its 2014 guidance regarding the meaning and scope of the term "employment relationship" under the federal Fair Labor Standards Act (FLSA) and replaced it with its guidance from 2008. As a result of this move, the DOL no longer advises that "most workers are employees."

IRS Releases New Fringe Benefit Tax Guide for Employers

The Internal Revenue Service (IRS) has released the 2018 Publication 15-B,Employer's Tax Guide to Fringe Benefits, which contains information for employers on the employment tax treatment of fringe benefits

IRS Releases Publication 969 for Preparing 2017 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 2017 tax returns.

Massachusetts Issues Guidance on Amended Equal Pay Law

Massachusetts has issued new guidance regarding its amended equal pay law.

WV: Certain Deductions from Final Wages Permitted for Unreturned Employer Provided Property

A new law in West Virginia allows employer deductions from final wages for unreturned employer provided property if certain conditions are met.

IRS Decreases 2018 HSA Contribution Limit for Certain Individuals

The Internal Revenue Service (IRS) has announced that 2018 annual limitation on HSA contributions by individuals with family coverage under a high deductible health plan (HDHP) is now $6,850.

NLRB Vacates Decision Revising Joint-Employer Standard

The National Labor Relations Board (NLRB) has vacated a decision that revised the standard for assessing joint-employer status under the National Labor Relations Act.

IRS Releases New Form W-4 and Online Withholding Calculator

The Internal Revenue Service has released new versions of Form W-4 and its online withholding calculator to help taxpayers check their 2018 tax withholding following passage of the Tax Cuts and Jobs Act in December 2017. The IRS urges taxpayers to use these tools to make sure they have the right amount of tax taken out of their paychecks.

Alerts for FebruaryTop Of Page

Washington: Sick Leave Notice Due to Existing Employees by March 1

Washington has released an employee paid sick leave notification form ("notice") that is compliant with the state paid sick leave rules.

Reminder: Medicare Part D Disclosure Due to CMS by March 1

The Medicare Modernization Act requires employers that provide prescription drug coverage to Medicare-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. Creditable coverage means that the coverage is expected to pay, on average, as much as the standard Medicare prescription drug coverage.

Alaska Eliminates Minimum Wage Exemption for Persons with Disabilities

Alaska employers are no longer allowed to pay less than minimum wage to workers who experience disabilities.

TX: Austin Passes Earned Sick Time Ordinance

The City of Austin has passed an earned sick time ordinance.

Maryland Releases Poster and FAQs Regarding Sick and Safe Leave Law

Maryland has released a draft sample poster and FAQs regarding the state sick and safe leave law, which is currently in effect.

California Releases Guidance and FAQs on Immigrant Worker Protection Act

California has issued guidance and FAQs on the state Immigrant Worker Protection Act to help employers comply with the law.

California Issues Template Notice of Inspection by Immigration Agencies for Employer Use

California has released a template Notice of Inspection by Immigration Agencies that employers may use to comply with certain legal requirements.

Notification of Certain HIPAA Breaches 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 2017 is March 1, 2018.

2018 IRS Publication 15 Now Available

The Internal Revenue Service (IRS) has released Publication 15 (Circular E), Employer's Tax Guide, for use in 2018.

MA: Payment for Accrued, Unused Sick Time Not Counted as Wages

The Massachusetts Supreme Judicial Court has issued an opinion addressing payment for accrued, unused sick time.

New York Issues Emergency Minimum Wage Regulations Regarding Home Care Aides

New York has issued emergency minimum wage regulations regarding certain home care aides.

Alerts for JanuaryTop Of Page

DOL Releases Bi-Annual Update to Employer CHIP Notice

The U.S. Department of Labor (DOL) has updated its model notice for employers to provide information on eligibility for premium assistance under Medicaid or the Children's Health Insurance Program (CHIP).

IRS Releases Additional Guidance on Form W-4 Compliance for 2018

The Internal Revenue Service (IRS) has released additional guidance on Form W-4 compliance in response to the enactment of the Tax Cuts and Jobs Act, which was signed into law by President Trump in December 2017.

EEO-1 Survey for 2017 Now Open

The U.S. Equal Employment Opportunity Commission (EEOC) has completed its mailing of the 2017 EEO-1 survey notification letters. Qualifying entities are reminded that 2017 EEO-1 reports must be filed by March 31, 2018.

Vermont: New Recreational Marijuana Law Addresses Employment

Vermont has passed a law, generally effective July 1, 2018, that legalizes a limited amount of marijuana possession and production. The law features provisions of interest to employers, which are detailed in this update.

Medicare Part D Disclosure to CMS Due March 1, 2018 for Calendar Year Plans

The Medicare Modernization Act requires employers that provide prescription drug coverage to Medicare-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. Creditable coverage means that the coverage is expected to pay, on average, as much as the standard Medicare prescription drug coverage.

NYC: Amended Law Requires Cooperative Dialogue with Individuals Who May Be Entitled to Reasonable Accommodation

New York City has amended its Human Rights Law to require covered employers to engage in a cooperative dialogue with individuals who may be entitled to reasonable accommodation.

New York City Passes Work Schedule Change Law

New York City has passed a work schedule change law generally applicable to all employers.

Massachusetts: New Law Requires Health Care Coverage Reporting

A new law in Massachusetts requires certain employers to file an annual report concerning health care coverage.

Maryland Passes Sick and Safe Leave Law

Maryland has passed a sick and safe leave law.

IRS Issues FAQs on New Withholding Tables

The Internal Revenue Service (IRS) has issued FAQs for employers on its new withholding tables, which were released to reflect changes in tax rates and brackets, the increased standard deduction, and the repeal of personal exemptions in the Tax Cuts and Jobs Act.

IRS Releases New Income Tax Withholding Tables

The Internal Revenue Service (IRS) has released Notice 1036, Early Release Copies of the 2018 Percentage Method Tables for Income Tax Withholding. The Notice updates the income-tax withholding tables for 2018, reflecting changes made by the Tax Cuts and Jobs Act.

NJ: Amended Discrimination Law Addresses Breastfeeding and Reasonable Accommodation

New Jersey has amended its discrimination law to cover breastfeeding and require reasonable accommodation for nursing mothers.

IRS: Tax Filing Season Begins January 29

Tax season will begin Monday, January 29, 2018, and the filing deadline to submit 2017 tax returns is Tuesday, April 17, 2018, according to an announcement by the IRS.

DOL Adopts New Test for FLSA Applicability to Interns

The U.S. Department of Labor has adopted the "primary beneficiary" test for determining whether interns of for-profit employers count as employees under the federal Fair Labor Standards Act (FLSA). The statement noted that four federal appellate courts have adopted the standard, which is different from the six-part test the DOL previously used to make this determination.

Reminder: Post OSHA Form 300A Starting Feb. 1

Employers subject to the recordkeeping requirements of the federal Occupational Safety and Health Act (OSH Act) are reminded to post their 2017 OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, from February 1–April 30, 2018.

IL Law Clarifies Employers' Obligations Regarding Expunged Juvenile Records

A new law in Illinois clarifies employers' obligations regarding expunged juvenile records.

NLRB Adopts New Test for Workplace Policies

In a recent case, the National Labor Relations Board (NLRB) established a new standard for judging whether workplace rules, policies, and employee handbook provisions unlawfully interfere with rights protected by the National Labor Relations Act (NLRA).

DOL Adjusts Labor Law Penalties for 2018

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.

Alerts for DecemberTop Of Page

IRS Releases Statement on Withholding Under New Tax Law

The IRS is working to develop withholding guidance to implement the tax reform bill that was recently signed into law.

NJ: Amended 'Ban the Box' Law Addresses Expunged Criminal Records and Online Applications

New Jersey has amended its "Ban the Box" law to address expunged criminal records and online applications.

New Tax Law Eliminates Tax Breaks for Several Fringe Benefits

President Trump has signed into law the Tax Cuts and Jobs Act, which, among other things, eliminates tax breaks for several fringe benefits and creates a new tax credit for employers offering paid family and medical leave.

Arizona Releases Final Paid Sick Time Rules

Arizona has released final paid sick time rules.

OSHA Extends Electronic Recordkeeping Submissions Deadline to Dec. 31

The federal Occupational Safety andHealth Administration (OSHA) has extended the date by which certain employers are required toelectronically submit data from their 2016 Forms 300A to OSHA from December 15, 2017, to December 31, 2017.  

NLRB Overrules Standard for Joint Employer Status

The National Labor Relations Board has reversed its position on joint employer liability, returning to an earlier, narrower standard for assessing joint employer status.

Reminder: Employers Must File Forms W-2 by Jan. 31

The Internal Revenue Service is reminding employers of the January 31, 2018 deadline for filing 2017 Forms W-2 and W-3 with the Social Security Administration (SSA).

California Clarifies Employers' Obligations Regarding Rest Periods

California has provided updated guidance addressing rest periods.

IRS Announces 2018 Standard Mileage Rates

The Internal Revenue Service (IRS) has issued the 2018 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.

North Carolina Updates Mandatory Workplace Poster

North Carolina has updated a mandatory workplace poster.

NYC: Updated Pregnancy Accommodation Resources Now Available

NYC has released an updated notice and fact sheet regarding pregnancy accommodations at work.

EEOC Releases Guidance on Workplace Harassment

The U.S. Equal Employment Opportunity Commission recently issued Promising Practices for Preventing Harassment, a guidance document that features harassment prevention recommendations for employers in four broad categories.

EEOC Releases Guidance on Workplace Harassment Prevention

The U.S. Equal Employment Opportunity Commission recently issued Promising Practices for Preventing Harassment, a guidance document that features harassment prevention recommendations for employers in four broad categories.

New York State Releases Additional Paid Family Leave Resources

New York State has released additional Paid Family Leave (PFL) resources for employers.

CA: City of Belmont Adopts Minimum Wage Ordinance

The City of Belmont, California has adopted a minimum wage ordinance.

WA Employers: Revised Workplace Posters Now Available

Washington has updated two mandatory posters: the "Your Rights as a Worker" and Unemployment Benefits posters.

NM: Las Cruces Prevents Minimum Wage Increase from Taking Effect January 1, 2018

The City of Las Cruces, New Mexico has amended its minimum wage ordinance to prevent an increase to the hourly rate from taking effect January 1, 2018. As a result, the minimum wage will remain at $9.20 per hour (and $3.68 per hour for tipped workers) through 2018.

NYC Issues Final Scheduling Rules for Covered Fast Food and Retail Employers

New York City has released final scheduling rules for covered fast food and retail employers. Notices and other resources are also available.

Minimum Wages in New York to Increase on Dec. 31

Effective December 31, 2017, minimum wage increases will take effect in New York as follows:

California Minimum Wages to Increase Jan. 1

Minimum wage rates across California are set to increase on January 1, 2018.

Colorado's Minimum Wage to Rise to $10.20 in 2018

Effective January 1, 2018, the minimum wage in Colorado will rise to $10.20 per hour for non-tipped employees and to $7.18 per hour for tipped employees, plus tips.

DOL Proposes Lifting Federal Restrictions on Tip Pooling

The U.S. Department of Labor is proposing to rescind the current federal rule providing that tipped employees retain their tips except when contributed to tip pools limited to customarily and regularly tipped employees.

Oakland's Minimum Wage to Rise to $13.23 in 2018

Effective January 1, 2018, the minimum wage in Oakland, California will rise to $13.23 per hour.

Alerts for NovemberTop Of Page

SSA Changes Maximum Taxable Earnings Amount for 2018

The Social Security Administration (SSA) this week announced a change to the maximum amount of earnings subject to the Social Security tax in 2018, which it had previously announced in October.

Is Your Holiday Bonus Program Compliant?

With the end of the year approaching, many employers are getting ready to hand out holiday bonuses, unaware that these tidings of the season can come wrapped in legal implications.

DOL Finalizes 90-Day Delay of New Disability Benefit Claims Procedures

The U.S. Department of Labor (DOL) has finalized a 90-day delay of the applicability of a final rule requiring employee benefit plans offering disability benefits to provide additional procedural protections for disability benefit claims.

OSHA Finalizes Dec. 15 as Electronic Recordkeeping Submissions Deadline

The federal Occupational Safety andHealth Administration (OSHA) has finalized December15, 2017 as the date by which certain employers are required toelectronically submit data from their 2016 Forms 300A to OSHA.  

Missouri's Minimum Wage to Rise to $7.85 in 2018

Effective January 1, 2018, the minimum wage in Missouri will rise to $7.85 per hour.

Washington State's Minimum Wage to Rise to $11.50 in 2018

Effective January 1, 2018, the minimum wage in the state of Washington will rise to $11.50 per hour. The minimum wage for workers who are 14 or 15 years old will rise to $9.78 per hour. Notably, tips and service charges paid to an employee may not count toward an employee’s hourly minimum wage

Vermont's Minimum Wage to Rise to $10.50 in 2018

Effective January 1, 2018, the minimum wage in Vermont will rise to $10.50 per hour. However, employers will generally be permitted to take a credit of $5.25 per hour toward the minimum wage ("tip credit") of tipped employees.

Michigan's Minimum Wage to Rise to $9.25 in 2018

Effective January 1, 2018, the minimum wage in Michigan will rise to $9.25 per hour for employers with 2 or more employees who are at least 16 years old. The minimum wage for tipped employees will rise to $3.52 per hour, provided that the employee's reported tips per hour average at least $5.73.

Maine's Minimum Wage to Rise to $10.00 in 2018

Effective January 1, 2018, the minimum wage in Maine will rise to $10.00 per hour. However, employers will generally be permitted to take a credit of $5.00 per hour toward the minimum wage ("tip credit") of service employees—employees engaged in occupations in which the employees customarily and regularly receive more than $30 a month in tips.

Hawaii's Minimum Wage to Rise to $10.10 in 2018

Effective January 1, 2018, the minimum wage in Hawaii will rise to $10.10per hour. However, employers will generally be permitted to take a credit of $0.75 toward the minimum wage ("tip credit") of tipped employees who customarily and regularly receive more than $20 a month in tips.

DOL Releases Advance Copies of 2017 Form 5500 and Form 5500-SF

The U.S. Department of Labor and other federal agencies have released advance informational copies of the 2017 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.

San Francisco: HCSO Waiver Form Recently Updated

The San Francisco Office of Labor Standards Enforcement (OLSE) has published a new Health Care Security Ordinance (HCSO) Employee Voluntary Waiver Form.

IRS: 'Saver's Credit' Helps Workers Save for Retirement

The IRS is reminding workers that contributions to employer-sponsored IRAs, 401(k) plans, 403(b) plans, or similar workplace retirement programs must be made by year's end to qualify for the Retirement Savings Contributions Credit.

USCIS Issues Form I-9 Scam Alert

USCIS recently issued an alert warning of scam emails that appear to come from USCIS and ask employers for Form I-9 information. The alert advises that employers are not required to submit Forms I-9 to USCIS.  

MD: Montgomery County Minimum Wage Rises in July 2018

Montgomery County has enacted an ordinance with county minimum wage increases over the next several years, based on employer size.

NYC Sick Time Law Amended to Provide 'Safe' Time

New York City has expanded its Sick Time law to provide certain leave related to family offense matters, sexual offenses, stalking, and trafficking ("safe time").

IRS Video Promotes Voluntary Classification Settlement Program

The IRS has released a video highlighting features of its Voluntary Classification Settlement Program. The program allows eligible employers to reclassify their workers as employees for future tax periods, with partial relief from federal employment taxes.

CA: Mountain View, Richmond, and Santa Clara Minimum Wages to Rise in 2018

The California cities of Mountain View, Richmond, and Santa Clara will raise their respective minimum wage rates for 2018.

Seattle Minimum Wage Rates Increase in 2018

The 2018 minimum wage rates for Seattle, Washington are now available.

IRS Releases New Guidance on QSEHRAs

The Internal Revenue Service (IRS) has released guidance further clarifying the rules regulating qualified small employer health reimbursement arrangements (QSEHRAs). Highlights of the guidance are described in this update.

Local Minimum Wages Rise in New Mexico

The City of Albuquerque and County of Bernalillo have raised their respective minimum wage rates for 2018.

Alerts for OctoberTop Of Page

Washington Releases Final Paid Sick Leave Rules

Washington has released final paid sick leave rules.

New York: Additional Paid Family Leave Forms Now Available

New York State has released additional forms regarding the Paid Family Leave (PFL) law.

IRS Highlights 7 Resources for Small Businesses

The Internal Revenue Service is reminding small business owners of seven helpful resources.

New York Restricts Vaping in Places of Employment

A new law in New York includes vaping in existing legal provisions restricting smoking in certain places of employment.

California Laws Amend Human Trafficking Posting Requirement

New California laws amend the human trafficking posting requirement that is mandatory for certain businesses and establishments.

California Adds Posting and Sexual Harassment Training Requirements for Certain Employers

A new law in California adds posting and sexual harassment training requirements for certain employers.

New York Amends Minimum Wage Order in Response to Court Decisions Affecting Certain Home Care Aides

New York has amended its Minimum Wage Order for Miscellaneous Industries and Occupations in response to state court decisions affecting meal and sleep time for certain home care aides.

Social Security Administration Announces 2.0% Benefit Increase for 2018

The Social Security Administration has announced that monthly Social Security and Supplemental Security Income (SSI) benefits will increase 2.0% in 2018.

California Enacts 'Ban the Box' Law

California has enacted a "ban the box" law, effective January 1, 2018.

IRS Releases 2018 Inflation Adjustments for Various Tax Benefits

The Internal Revenue Service (IRS) has announced a number of inflation-adjusted tax items for 2018, some of which remain unchanged. Among other items, the annual dollar limit on employee contributions to employer-sponsored health flexible spending arrangements (FSAs) increases to $2,650 (up from $2,600).

IRS Announces Retirement Plan Limits for 2018

The IRS has announced cost-of-living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2018.

California Passes New Parent Leave Act

California has enacted the New Parent Leave Act.

California Enacts Salary History Prohibition Law

California has enacted a law that generally prohibits employers from relying on an applicant's salary history.

Florida: Minimum Wage Rises to $8.25 Per Hour

Florida has announced that the state minimum wage will rise to $8.25 per hour.

IRS Releases 2017 Form for Tip Reporting

The IRS recently released its 2017 Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips. Form 8027 generally must be filed by employers who operate large food or beverage establishments.

Alaska: Minimum Wage Rises to $9.84 Per Hour

Alaska has announced that the state minimum wage will rise to $9.84 per hour (from $9.80 per hour), effective January 1, 2018.

California Law Modifies Employers' Immigration Responsibilities

A new law modifies California employers' immigration responsibilities. An outline of the new requirements is presented below.

NYC Releases FAQs on Salary History Prohibition Law

New York City has released a set of FAQs in anticipation of a new local law that prohibits employers from asking about or relying on salary history during the hiring process.

New York: Certain Paid Family Leave Forms Now Available

New York State has released three forms regarding the Paid Family Leave (PFL) law.

California Releases 2018 Overtime Exemption Rates for Certain Computer Software Employees and Certain Licensed Physicians and Surgeons

California has released the 2018 overtime exemption rates for certain computer software employees and certain licensed physicians and surgeons.

H1-B Premium Processing Resumed

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions.

San Francisco Releases 2018 HCSO Rates and Final Rules

The San Francisco Office of Labor Standards Enforcement (OLSE) has released the 2018 health care expenditure rates and final rules for the Health Care Security Ordinance (HCSO).

DOL Proposes 90-Day Delay of New Disability Benefit Claims Procedures

The U.S. Department of Labor (DOL) has proposed a 90-day delay of the applicability of a final rule requiring employee benefit plans offering disability benefits to provide additional procedural protections for disability benefit claims.

NYC Releases Fact Sheets on Salary History Prohibition Law

New York City has released a set of fact sheets in anticipation of a new local law that prohibits employers from asking about or relying on salary history during the hiring process.

Montana: Minimum Wage Will Rise to $8.30 Per Hour

The state of Montana has announced that the state minimum wage will increase to $8.30 per hour (from $8.15 per hour), effective January 1, 2018.

Medicare Announces Special Enrollment Period for Individuals Impacted by Recent Hurricanes

As a result of Hurricanes Harvey, Irma, and Maria, the Centers for Medicare & Medicaid Services (CMS) will make available a special enrollment period for all Medicare beneficiaries to enroll, dis-enroll, or switch Medicare health or prescription drug plans.

Ohio: Minimum Wage Rises to $8.30 Per Hour in January

Ohio's minimum wage is scheduled to increase on January 1, 2018 to $8.30 per hour for non-tipped employees and $4.15 per hour for tipped employees.

New Jersey: Minimum Wage Will Rise to $8.60

The New Jersey Department of Labor and Workforce Development has announced that the minimum wage in New Jersey will rise to $8.60 per hour.

Rhode Island Passes Paid Sick Leave Law

Rhode Island has passed a paid sick leave law, effective July 1, 2018.

USCIS No Longer Taking Petitions Under H-2B Increase

The U.S. Citizenship and Immigration Services (USCIS) is no longer accepting petitions from U. S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the Fiscal Year (FY) 2017 H-2B cap announced in July. Petitions submitted but not approved by USCIS before October 1 will be denied, and any associated fees will not be refunded.

IRS Issues Special Per Diem Rates for 2017-2018

The Internal Revenue Service (IRS) has released an annual notice that provides the 2017-2018 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home. The rates are effective for allowances paid to employees on or after October 1, 2017 for travel on or after October 1, 2017.

Alerts for SeptemberTop Of Page

New York Appellate Court Addresses Wages for Certain Home Health Care Attendants

The New York Appellate Division (Second Department) has issued an opinion addressing wages for certain home health care attendants.

Illinois Amends Law Regarding Day and Temporary Labor

A new law in Illinois, effective June 1, 2018, amends the state Day and Temporary Labor Services Act.

CT: Required Workplace Pregnancy Discrimination Notice Now Available

A new law in Connecticut sets forth certain workplace protections for pregnant workers and contains new notice requirements.

USCIS Resumes Premium Processing for H-1B Petitions Subject to FY 2018 Cap

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B visa petitions subject to the fiscal year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.

Minimum Wage for Covered Federal Contract Workers Will Rise to $10.35 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 $10.35 per hour ($7.25 per hour for covered tipped employees) beginning January 1, 2018.

South Dakota Minimum Hourly Wage Rises to $8.85 on January 1, 2018

South Dakota has announced that its state minimum wage will increase to $8.85 per hour (from $8.65 per hour), effective January 1, 2018.

IRS Issues Relief to Hurricane Irma Victims in Georgia

The Internal Revenue Service (IRS) has announced extensions to certain tax filing and payment deadlines for Hurricane Irma victims in the entire state of Georgia.

Reminder: Summary Annual Reports Due September 30

As a reminder, health plan administrators are generally required to furnish a Summary Annual Report (SAR) to each health plan participant within 9 months after the end of a plan year. As a result, the deadline for most calendar year plans to satisfy the SAR requirement for plan year 2016 is September 30, 2017.

Oregon Releases Q and As on Employee Work Schedules and Manufacturing Employees

Oregon has released Q&As on employee work schedules and manufacturing employees.

NY Employers: Application for Self-Insurance Under Paid Family Leave Due Sept. 30, 2017

Under New York Paid Family Leave (PFL) regulations, the deadline to apply for approval to be a PFL self-insured employer is September 30, 2017.

DOL and IRS Issue Relief for Hurricane Irma Victims

The U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) have issued several forms of relief to victims of Hurricane Irma. 

Top 5 New Hire Forms

An employee's first day on the job can be very stressful for both the employee and employer. While trying to set up the employee with his or her parking pass, email account, and other necessities, employers should also remember that completing certain forms is just as important.

IRS Offers Guidance to Prepare for Hurricanes, Floods, and Other Disasters

For September's National Preparedness Month, the IRS is offering guidance to those who may be affected by storms, fires, floods, or other disasters.

Illinois Amends Volunteer Emergency Worker Job Protection Act

Illinois has amended its Volunteer Emergency Worker Job Protection Act.

MA: New Law Raises Certain Employer Health Care Costs

A new law in Massachusetts raises the Employer Medical Assistance Contribution Rate and creates a new employer assessment if employees meet certain criteria.

U.S. District Court Strikes Down 2016 Federal Overtime Rule

The U.S. District Court for the Eastern District of Texas has invalidated the U.S. Department of Labor’s (DOL) 2016 overtime rule, which sought to alter the salary level needed for executive, administrative, and professional employees to be deemed exempt from federal minimum wage and overtime pay requirements. While this court ruling is likely to end the principal litigation over the rule, the DOL is still examining whether to adjust the salary level.

Reminder: Medicare Part D Notice Due Before October 15

In preparation for the Medicare fall open enrollment period, employers sponsoring group health plans that include prescription drug coverageare required to notify all Medicare-eligible individuals whether such coverage is creditable (i.e., that the coverage is expected to pay, on average, as much as the standard Medicare prescription drug coverage).

Illinois Amends State Genetic Information Privacy Act

Illinois has amended the state Genetic Information Privacy Act (GIPA).

Alerts for AugustTop Of Page

New York State Issues Tax Guidance on Paid Family Leave Program

The New York Department of Taxation and Finance has released tax guidance regarding the state Paid Family Leave (PFL) program.

DOL and IRS Issue Relief for Hurricane Harvey Victims

The U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) have issued several forms of relief to victims of Hurricane Harvey.

Upcoming EEO-1 Report Will Not Contain Pay Data Collection

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that the upcoming EEO-1 reporting form will notcontain pay data collection information.

Upcoming EEO-1 Report Will Not Require Pay Data Collection

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that the upcoming EEO-1 reporting form will notcontain pay data collection information.

CT Supreme Court Addresses Use of Fluctuating Workweek Method for Calculating Overtime

The Connecticut Supreme Court has clarified the use of the fluctuating workweek method for calculating overtime pay.

NYC Prohibits Employment Discrimination Based on Uniformed Service

Amendments to the New York City Human Rights Law prohibit employment discrimination based on uniformed service.

IRS Warns of New Phishing Scam

The IRS has issued an urgent warning about a new email phishing scheme that uses IRS and FBI emblems to entice users into clicking a link to download a fake FBI questionnaire. The link downloads ransomware, which prevents users from accessing data from their device unless they pay the scammers.

NC: Employer Posting Requirement Amended

A law in North Carolina amends a posting requirement to add information about employee classification.

Top 3 Emerging Benefits

Benefits are a key factor in attracting and holding onto the best and brightest people for your organization. To make sure you're keeping up with the competition, consider offering these emerging popular benefits to your employees.

Delaware Amends Personal Information Protection Law

Delaware has amended its personal information protection law.

Nevada: Agreements for Unpaid Sleeping Time for Certain Personal Care Services Employees Permitted Under New Law

A new law in Nevada provides that certain personal care services employees may agree not to be paid for a sleeping period.

Minnesota: Minimum Wage Rates Increase on January 1, 2018

Beginning January 1, 2018, Minnesota's minimum wage rates will increase as follows:

Nevada: Domestic Violence Workplace Posting Now Available

Nevada has released the required bulletin which employers must post under the state's domestic violence leave law.

Protect Your Organization This Hurricane Season

With the start of peak Atlantic hurricane season this month comes the risk of losing essential business records, files, and other materials to floods or damaging winds.

Oregon Enacts New Withholding Tax on Employee Wages

A new law in Oregon requires employers to withhold a statewide tax of 0.1% on employee wages.

Illinois Prohibits Employment Discrimination Based on Sincerely Held Religious Practices

An amended law in Illinois prohibits employment discrimination that requires a person to violate or forgo a sincerely held practice of his or her religion.

San Francisco Enacts Certain Prohibitions on Employer Use of Salary History

A new San Francisco ordinance prohibits certain employer use of salary history.

NASA Issues Warning on Sale of Fake Eclipse Eye Protection

Ahead of the total eclipse set to occur onMonday, August 21, 2017, the National Aeronautics and Space Administration (NASA) is warning consumers of the sale of unsafe "eclipse glasses" and hand-held solar viewers (known generally as solar filters). Without the proper eye protection, looking directly at the sun is extremely unsafe except during the brief total phase of a solar eclipse ("totality"), when the moon entirely blocks the sun's bright face.

U.S. District Court: Connecticut Employers May Not Fire or Refuse to Hire Medical Marijuana Patients Regardless of Federal Law

A U.S. District Court has ruled that Connecticut employers are prohibited from firing or refusing to hire someone who uses marijuana for medicinal purposes, regardless of federal law.

Oregon Passes Employee Work Scheduling Standards

Oregon has passed an employee work scheduling standards law.

New Jersey: State Discrimination Law Extends 'Full Protection' to Service in the U.S. Armed Forces

An amended law in New Jersey extends the "full protection" of the state Law Against Discrimination for service in the U.S. Armed Forces.

Oregon Revises Overtime Calculation for Certain Manufacturing Employees

A new law in Oregon revises overtime calculation and maximum hour provisions for certain eligible workers employed in mills, factories, or manufacturing establishments ("manufacturing employees").

New Jersey: State Discrimination Law Extends 'Full Protection' to Service in the U.S. Armed Forces

An amended law in New Jersey extends the "full protection" of the state Law Against Discrimination for service in the U.S. Armed Forces.

DOL Releases Updated Model CHIP Notice

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.

IRS: Health FSAs Cannot be Used for Insurance Premiums

A recently released IRS letter reaffirms the agency's view that funds from a health flexible spending arrangement (health FSA) may not be used to reimburse health insurance premium payments or Medicare premium expenses.

Washington Releases Paid Sick Leave Proposed Rules

Washington has released a set of proposed rules concerning the state paid sick leave requirements of Initiative 1433, which go into effect on January 1, 2018.

Arizona Supreme Court Opinion Upholds State Minimum Wage and Paid Sick Time

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

Arizona, Maryland, and Wyoming Join E-Verify RIDE Program

Arizona, Maryland, and Wyoming have recently been added to the list of states participating in the Records and Information from Department of Motor Vehicles for E-Verify (RIDE) program.

CA Court of Appeal: Board or Lodging Not Counted Towards Minimum Salary Required for Exemption

According to the California Court of Appeal (First Appellate District), monetary payments alone determine whether the mandated minimum salary rate for exempt status has been met.

Rhode Island: Minimum Wage Rises to $10.50 Per Hour Over Next Several Years

Under a new law in Rhode Island, effective January 1, 2018, the state minimum wage is scheduled to increase to $10.10 per hour. Effective January 1, 2019, the state minimum wage is scheduled to increase to $10.50 per hour.

CA Court of Appeal: Employers May Provide Waiting Periods Before Employees Become Eligible to Earn Vacation

The California Court of Appeal (Fourth Appellate District) has released an opinion stating that employers may provide waiting periods before employees become eligible to earn vacation.

HHS Releases New HIPAA Breach Reporting Tool

The U.S. Department of Health and Human Services (HHS) has released a revised web tool for use in reporting breaches of unsecured protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) affecting 500 or more individuals.

Medicare Drug Premiums Projected to Decrease in 2018

The average basic premium for a Medicare Part D prescription drug plan is projected to drop to $33.50 per month in 2018, down from $34.70 in 2017.

NYC Issues 'Ban the Box' Final Rule

New York City has released a final rule under the local "Ban the Box" law.

NYC Issues 'Ban the Box' Final Rule

New York City has released a final rule under the local "Ban the Box" law.

North Carolina Exempts Certain Employees from State Overtime and Recordkeeping Provisions

A new law in North Carolina exempts any employee of a seasonal amusement or recreational establishment from certain state overtime and recordkeeping provisions.

New Hampshire Passes Law Regarding Franchisors, Franchisees, and Employees

Under an amended law in New Hampshire, a franchisor is only an employer if the franchisor agrees in writing to assume the role of employer (or co-employer) of a franchisee or its employee.

MA Enacts Pregnant Workers Fairness Act

Massachusetts has enacted the Pregnant Workers Fairness Act, which takes effect April 1, 2018.

North Carolina Amends National Guard Reemployment Rights Law

North Carolina has amended its National Guard reemployment rights law.

Alerts for JulyTop Of Page

New Jersey Releases 2018 Temporary Disability Insurance Rates

New Jersey has released the Temporary Disability Insurance (TDI) rates for 2018.

2017 VETS-4212 Reporting Season Begins Aug. 1

Federal contractors and subcontractors are advised that the reporting season for the 2017 VETS-4212 report begins August 1, 2017 and ends September 30, 2017.

Florida: Certain Employers Must Provide Civil Air Patrol Leave

A new law in Florida requires certain employers to provide Civil Air Patrol leave.

CT: New Law Removes Certain Prohibitions on Extended Work Hours for Seniors and Disabled Persons

A new law in Connecticut, effective October 1, 2017, removes certain prohibitions on extended work hours for seniors and disabled persons.

USCIS Resumes Premium Processing for Some H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for certain H1-B petitions that may be exempt from the annual cap on visa applications.

WA: Certain Employers Must Provide Reasonable Accommodation and Other Protections to Pregnant Employees

Under a new law, certain employers in Washington must provide employment protections for pregnant employees.

Nevada Releases Notice for Pregnant Workers' Fairness Act

Nevada has released the notice required to be posted and provided to employees under the state Pregnant Workers' Fairness Act ("new law").

DOL Seeks Input on Federal Minimum Wage and Overtime Pay Exemptions

The U.S. Department of Labor has published a request for information seeking input on its 2016 final rule which adjusted the salary thresholds for executive, administrative, and professional employees to be exempt from federal minimum wage and overtime pay requirements.

Nevada Releases Notice for Pregnant Workers' Fairness Act

Nevada has released the notice required to be posted and provided to employees under the state Pregnant Workers' Fairness Act ("new law").

Connecticut Protects Veterans from Employment Discrimination and Grants Leave for National Guard Members of Other States

A new law in Connecticut protects veterans from employment discrimination and grants leave for National Guard members of other states.

New York Issues Final Paid Family Leave Regulations

New York has issued final regulations for its Paid Family Leave (PFL) law.

MA Supreme Judicial Court: Certain Employees Testing Positive for Medical Marijuana May Seek a Remedy Through a Claim of Handicap Discrimination

The Massachusetts Supreme Judicial Court has held that a qualifying patient who has been terminated from his or her employment for testing positive for marijuana as a result of lawful medical use of marijuana may seek a remedy against his or her employer for handicap discrimination under state law.

One-Time Increase in H-2B Visa Cap Announced for 2017

Pursuant to recent congressional action, the Departments of Homeland Security and Labor are temporarily increasing the limit on the number of H-2B visas available to certain U.S. employers by up to 15,000. This increase will expire on September 30, 2017 and does not affect the H-2B program in future fiscal years.

New Hampshire Law Clarifies 'Tip Pooling'

Under a new law in New Hampshire, employees who participate in a tip pool may provide a portion of the common pool to certain other employees.

New Hampshire Law Clarifies 'Tip Pooling'

Under a new law in New Hampshire, employees who participate in a tip pool may provide a portion of the common pool to certain other employees.

Rhode Island Amends Law Regarding Deductions from Wages

An amended law in Rhode Island makes certain changes to the state law regarding deductions from wages.

California Law Protects Employees Who Report Work-Related Fatalities, Injuries, or Illnesses or Request Certain Health and Safety Records

An amended law in California generally prohibits an employer from discharging or in any manner discriminating against an employee because the employee (among other things) reported a work-related fatality, injury, or illness.

Hawaii: Certain Employees May Take State Family Leave to Care for Siblings

An amended law in Hawaii permits certain employees to take state family leave in order to care for employees' siblings with serious health conditions.

USCIS Releases Updated 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).

NYC Enacts Final Rules Under the 'Freelance Isn't Free' Act

The New York City Department of Consumer Affairs has released final rules under the Freelance Isn't Free Act.

Connecticut Enacts Protections for Pregnant Women in the Workplace

A new law in Connecticut sets forth certain workplace protections for pregnant workers.

Missouri Amends Employment Nondiscrimination Law

Missouri has amended its employment nondiscrimination law.

NYC Enacts Final Rules Under the 'Freelance Isn't Free' Act

The New York City Department of Consumer Affairs has released final rules under the Freelance Isn't Free Act.

USCIS to Release New Form I-9 and Form I-9 Instructions

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) will release a new version of and instructions for Form I-9. By September 18, 2017, employers must use only the new version.

Summer's Here and So is Spear Phishing

Cyberattacks and resulting data breaches often begin with a spear-phishing email. Spear phishing differs from regular email phishing in its use of extensive research to target a specific audience, which allows the spear phisher to pose as a familiar and trusted entity in its email to a mark. Spear phishers seek a company’s valuable information, such as credentials providing access to customer lists, trade secrets, and confidential employee information. This update outlines several tips to protect against spear phishing attacks.

San Francisco Ordinance Requires Break Time and Sufficient Location for Nursing Mothers

San Francisco has enacted a new ordinance that imposes certain obligations on employers regarding nursing mothers.

Summer's Here and So is Spear Phishing

Cyberattacks and resulting data breaches often begin with a spear-phishing email. Spear phishing differs from regular email phishing in its use of extensive research to target a specific audience, which allows the spear phisher to pose as a familiar and trusted entity in its email to a mark. Spear phishers seek a company’s valuable information, such as credentials providing access to customer lists, trade secrets, and confidential employee information. This update outlines several tips to protect against spear phishing attacks.

Washington Enacts Paid Family and Medical Leave Law

Washington has enacted a paid family and medical leave law.

Oregon Amends Paid Sick Leave Law

Oregon has amended its sick leave law.

Reminder: Form 5500 Filing Deadline is July 31

Group health plan administrators are reminded that Form 5500, Annual Return/Report of Employee Benefit Plan, must be filed with the U.S. Department of Labor (DOL) by the last day of the seventh month after the plan year ends. For calendar-year plans, that due date falls on July 31.

City of Chicago Adopts Final Paid Sick Leave Rules

The City of Chicago has adopted final rules under the city's paid sick leave ordinance, and has also released notices for employer use.

IRS Publishes Tax Tips for Teenagers with Summer Jobs

Students and teenagers often get summer jobs to earn extra spending money or to save for later. The IRS offers a few tax tips for taxpayers with a summer job.

Maine Restores Tip Credit to Minimum Wage Law

A new law in Maine restores the tip credit to the state's minimum wage law.

Reminder: New Minimum Wage Rates Now Effective

As of July 1, 2017, the minimum wage has increased in Maryland, Oregon, the District of Columbia, and several large cities in California.

Maine Amends Certain Wage and Hour Laws

A new law in Maine amends certain state wage and hour laws, including meal & rest breaks, wage payment timing, and final wages.

Alerts for JuneTop Of Page

HIPAA Permits Certain Disclosures for Workers' Compensation Purposes

Employers are reminded that the federal Health Insurance Portability and Accountability Act (HIPAA) permits disclosures of an individual's health information for workers' compensation purposes.

HIPAA Permits Certain Disclosures for Workers' Compensation Purposes

Employers are reminded that the federal Health Insurance Portability and Accountability Act (HIPAA) permits disclosures of an individual's health information for workers' compensation purposes.

Nevada Enacts Domestic Workers' Bill of Rights

A new law in Nevada creates the Domestic Workers' Bill of Rights.

Florida: New Medical Marijuana Law Affects Employment

A new medical marijuana law in Florida contains provisions affecting employment.

OSHA Proposes 5-Month Delay to Electronic Recordkeeping Submission Deadline

The federal Occupational Safety and Health Administration (OSHA) has issued a proposed rule seeking to extend the date by which certain employers are required to electronically submit the information from their completed 2016 Forms 300A. The proposed rule would change the submission date from July 1, 2017, to December 1, 2017. OSHA also intends to launch its electronic data collection system by August 1, 2017. Previously, the agency announced it would not begin accepting electronic submissions prior to July 1, 2017.

NV: Certain Periods for Meals, Sleep, and Other Free Time May Be Excluded from Domestic Service Employees' Wages Under a Written Agreement

Under a new law in Nevada, an employer and domestic service employee may agree in writing to exclude certain periods for meals, sleep, and other free time from the wages of the domestic service employee.

Nevada Enacts Domestic Workers' Bill of Rights

A new law in Nevada creates the Domestic Workers' Bill of Rights.

NV: Certain Periods for Meals, Sleep, and Other Free Time May Be Excluded from Domestic Service Employees' Wages Under a Written Agreement

Under a new law in Nevada, an employer and domestic service employee may agree in writing to exclude certain periods for meals, sleep, and other free time from the wages of the domestic service employee.

Oklahoma Requires Smoking Signage in Additional Locations

An amended law in Oklahoma requires smoking signage in additional locations within public places.

Delaware: Employers May Not Seek Applicants' Compensation Histories

A new law in Delaware prohibits employers from seeking applicants' compensation histories.

Delaware: Employers May Not Seek Applicants' Compensation Histories

A new law in Delaware prohibits employers from seeking applicants' compensation histories.

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.

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.

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.

Colorado Extends Wage Transparency Law to Additional Employers

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

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.

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.

Nevada Enacts Pregnant Workers' Fairness Act

Nevada has enacted the Pregnant Workers' Fairness Act.

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:

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):

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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  • Interns: Paid or Unpaid?

    Internships offer great benefits to young people and to companies, but you must be certain that you are meeting the guidelines of the primary beneficiary test in order to not pay your interns.

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