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Alerts for July | |
Additional IRS Q&As on American Rescue Plan’s COBRA Subsidy(posted: Tuesday, July 27th, 2021) On July 26, 2021, the IRS issued Notice 2021-46, providing additional guidance on the application of the American Rescue Plan Act (ARPA) subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) in the form of 11 questions and answers. |
Domestic Violence Leave for Missouri Workers Enacted(posted: Friday, July 23rd, 2021) A new statute requires Missouri employers with at least 20 employees to provide unpaid leave when workers or their family members are domestic violence victims. The mandate takes effect August 28, 2021. |
Hawaii Prohibits Requiring Employees to Download COVID-19 Tracing Apps(posted: Thursday, July 22nd, 2021) The Prohibition Applies To Current And Prospective Employees When The Download Is Intended As A Condition Of Employment On July 7, 2021, Hawaii adopted a law that prohibits employers from requiring their employees and applicants to download |
Colorado Repeals Subminimum Wages for Workers with Disabilities(posted: Wednesday, July 21st, 2021) Lower Wages Were Repealed To Encourage Competitive Integrated Employment On June 29, 2021, Colorado repealed a law that permitted employers to pay subminimum wage rates to employees with a disability. This amendment states that the legislature is repealing these provisions |
California Will Allow Electronic Distribution of Workplace Notices(posted: Wednesday, July 21st, 2021) Employers Must Also Continue to Physically Display These Electronic Notices On July 16, 2021, California amended its Labor Code to allow employers to distribute certain workplace notices and posters electronically in addition to displaying the postings required by law. The |
California Supreme Court Rules Noncompliant Rest Periods Must Be Paid at Regular Rate of Pay(posted: Wednesday, July 21st, 2021) The Court's Holding Applies Retroactively On July 15, 2021, the California Supreme Court ruled in Ferra v. Loews Hollywood Hotel, LLC that employers must use the regular rate of pay rather than the hourly wage rate when paying employees for |
DOL Proposes Rule to Increase Wages for Federal Contractors(posted: Wednesday, July 21st, 2021) This DOL proposed Rule Was Issued To Implement The April 27, 2021 Executive Order On July 21, 2021, The U.S. Department of Labor (DOL) announced a proposed rule that would increase the minimum wage rate for federal contractor employees to |
Hawaii Repeals Subminimum Wage Rate for Disabled Workers(posted: Tuesday, July 20th, 2021) The Amendment Was Necessary Because the Law No Longer Met Its Objective On June 16, 2021, Hawaii repealed the ability of employers in the state to pay lower wage rates to employees with disabilities. As a result, employers in Hawaii |
Rhode Island Increases Temporary Caregiver Benefits(posted: Tuesday, July 20th, 2021) Rhode Island has expanded its temporary caregiver insurance (TCI) benefits to cover five weeks annually starting Jan. 1, 2022, and six weeks annually beginning Jan. 1, 2023. |
Recalling Service Workers Laid Off Due to COVID-19 in Connecticut(posted: Tuesday, July 20th, 2021) Employers in Certain Industries Must Rehire Laid Off Workers Instead of Hiring New Ones When Job Opportunities Arise On July 13, 2021, Connecticut adopted a law that requires employers in the hotel, food service and building service industries to recall |
New Jersey Temporarily Expands Summer Working Hours for Minors(posted: Friday, July 16th, 2021) Extended Hours For Minors Will Expire By Labor Day On July 1, 2021, New Jersey temporarily expanded summer working hours for minors between 16 and 18 years of age. The expansion allows these minors to work up to 50 hours |
Pennsylvania Repeals Salary Increase for Overtime Exemptions(posted: Thursday, July 15th, 2021) Pennsylvania's Overtime Salary Threshold for Executive, Administrative and Professional Employees Will Remain the Same As the Federal Level On July 9, 2021, the Pennsylvania General Assembly repealed an overtime rule that would have increased the minimum salary threshold for exempt |
President Biden Issues Executive Order to Promote Competition in the American Economy(posted: Tuesday, July 13th, 2021) On July 9, 2021, President Joe Biden issued an executive order to promote competition in the American economy. As stated by the accompanying fact sheet, the order’s objectives include reducing the trend of corporate consolidation, increasing competition and delivering concrete |
Chicago Paid Sick Leave Expanded(posted: Tuesday, July 13th, 2021) The Chicago City Council has amended the city’s paid sick leave ordinance effective Aug. 1, 2021, to allow employees to take the leave for additional reasons. The changes also add penalties for noncompliance and expand the law’s notice requirement. |
New Hampshire Passes Paid Family Medical Leave(posted: Thursday, July 8th, 2021) New Hampshire has enacted a paid family medical leave insurance program, called the Granite State Paid Family Leave Plan. The measure passed as part of the state budget, with the mandate that coverage be available for purchase by Jan. 1, 2023. |
EEOC Extends EEO-1 Deadline for 2019 and 2020 Data Submissions(posted: Thursday, July 8th, 2021) The New Deadline Gives Employers Another Month–Until August 23– To Complete Their Reports Employers now have some extra time to submit equal employment opportunity (EEO 1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced |
Recalling Nevada Hospitality and Travel Employees Affected by COVID-19(posted: Tuesday, July 6th, 2021) The Act Requires Covered Employers to Recall Laid off Employees Rather Than Searching For New Ones When Job Opportunities Arise On June 8, 2021, Nevada enacted the Nevada Hospitality and Travel Workers Right to Return Act (the Act) |
IRS Extends Deadline for COVID-19 Employee Leave Donations(posted: Friday, July 2nd, 2021) The U.S. Treasury Department and the IRS have extended the deadline for tax-free donations to COVID-19 victims under employer-sponsored leave-based donation programs. Notice 2021-42 allows tax-favored treatment for payments made by Jan. 1, 2022. |
Connecticut Passes Unpaid Voting Leave Requirement(posted: Friday, July 2nd, 2021) Effective immediately, Connecticut employers must provide employees with two hours of unpaid leave to vote. The voting leave entitlement remains in effect through June 30, 2024. |
Los Angeles Employers Must Provide Leave for COVID Vaccine(posted: Friday, July 2nd, 2021) Los Angeles employers are now required to allow paid leave for obtaining and recovering from the COVID-19 vaccine, per June 24, 2021, orders by Mayor Eric Garcetti. The mandate applies retroactively to Jan. 1, 2021. |
Alerts for June | |
Oregon Family Leave Broadened for Public Health Emergencies(posted: Thursday, June 24th, 2021) Oregon has amended its Family Leave Act to expand coverage during public health emergencies. The new provisions take effect Jan. 1, 2022. |
DOL Proposes Rule To Clarify When Tip Wages Apply(posted: Monday, June 21st, 2021) The Proposal Clarifies That Employers Can Claim The Tip Credit Only for Employees Who Perform Tip Producing Work On June 21, 2021, the U.S. Department of Labor (DOL) announced a proposed rule to clarify when employers can claim a tip |
Nevada Passes Employee Leave Laws for COVID-19 Vaccination and Kin Care(posted: Thursday, June 17th, 2021) Nevada has enacted bills requiring paid employee leave for COVID-19 vaccination and specifying that employers providing paid sick leave must allow the leave to be used to care for family members. In addition, the Nevada paid leave law was amended to clarify that it covers leave used for family and medical purposes. |
IRS Releases FAQs on ARP Tax Credits for Paid Sick and Family Leave(posted: Monday, June 14th, 2021) On June 11, 2021, the IRS released new FAQs about tax credits for eligible employers who voluntarily provide paid employee leave under the Families First Coronavirus Response Act. |
OSHA Updates Guidance for Mitigating and Preventing the Spread of COVID-19 in the Workplace(posted: Friday, June 11th, 2021) The New Guidance Focuses on Protections for Unvaccindated and At Risk Employees On June 10, 2021, the Occupational Safety and Health Administration (OSHA) updated its guidance on mitigating and preventing the spread of COVID 19 in the workplace. The guidance |
OSHA Issues COVID-19 Emergency Temporary Standard for Health Care(posted: Friday, June 11th, 2021) Some Exceptions Apply to Fully Vaccinated Workers On June 10, 2021, the Occupational Safety and Health Administration (OSHA) announced its COVID 19 Emergency Temporary Standards (ETS). The ETS was developed to protect health care and health care support service workers |
New York Workers May Use Sick Leave for Recovery from COVID-19 Vaccine(posted: Thursday, June 10th, 2021) The New York State Department of Labor has issued guidance clarifying that leave under the state’s paid sick leave law may be used by workers to recover from side effects of the COVID-19 vaccination. |
Massachusetts Passes COVID-19 Paid Sick Leave Law(posted: Monday, June 7th, 2021) Effective June 7, 2021, Massachusetts employers must provide COVID-19 paid sick leave for employees’ (or their family members’) specified coronavirus-related exposure, diagnosis, illness, treatment, isolation or quarantine; and employees’ COVID-19 vaccination and recovery from vaccination. Leave is also required when employees’ COVID-19 symptoms inhibit teleworking. |
Alerts for May | |
Rhode Island To Increase Minimum Wage Rate to $15 by 2025(posted: Friday, May 28th, 2021) The State Minimum Wage Rate will Increase Gradually Over the Next 4 Years Rhode Island has amended its minimum wage law to raise the state’s minimum wage rate to $15 per hour by Jan. 1, 2025. The current minimum wage |
LA County Requires Paid Employee Leave for COVID-19 Vaccine(posted: Thursday, May 27th, 2021) On May 18, 2021, Los Angeles County passed an urgency ordinance requiring all private employers to provide paid leave for COVID-19 vaccination for employees in unincorporated parts of the county. The ordinance became effective immediately and is retroactive to Jan. 1, 2021. |
District of Columbia Requires Employers to Adopt Workplace COVID-19 Safety Policies(posted: Tuesday, May 25th, 2021) This New Act Went Into Effect Is Set to Expire on Oct. 28, 2021 The District of Columbia (the District) has passed the Workplace Safety During the COVID 19 Pandemic Temporary Amendment Act of 2021 (Act). This Act now requires, |
Pennsylvania Employers Must Provide Leave to Organ Donors(posted: Monday, May 24th, 2021) Effective June 26, 2021, Pennsylvania employees eligible for federal Family and Medical Leave Act (FMLA) leave must be granted leave to prepare for and recover from organ and tissue donation surgery. |
District Extends Protections for Workers Displaced by COVID-19(posted: Thursday, May 20th, 2021) Through an emergency measure, the District of Columbia has extended the protections created by its Displaced Workers Right to Reinstatement and Retention Emergency Amendment Act (the Act). The Act directs affected employers to give preference to retrain or reinstate employees |
IRS Issues Guidance on American Rescue Plan’s COBRA Subsidy(posted: Wednesday, May 19th, 2021) On May 18, 2021, the IRS issued Notice 2021-31, a guidance document on the American Rescue Plan Act subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985. |
IRS Releases 2022 Health Savings Account (HSA) Limits(posted: Monday, May 17th, 2021) Inflation Adjusted Contribution Limits and HDHP Amounts to Increase The IRS has announced the 2022 inflation adjusted amounts for health savings accounts (HSAs) as determined under the Internal Revenue Code. Annual Contribution Limits For calendar year |
IRS Issues Guidance on Taxability of DCAP Benefits for 2021, 2022(posted: Tuesday, May 11th, 2021) On May 10, 2021, the Internal Revenue Service (IRS) released guidance on the taxability of dependent care assistance programs (DCAPs) for 2021 and 2022, clarifying that amounts attributable to previously issued carryover and extended grace period relief generally are not taxable. |
Illinois Expands Sick Leave Act for Personal Care of Family Members(posted: Monday, May 10th, 2021) Effective April 27, 2021, Illinois has amended the state's Employee Sick Leave Act to allow workers to use their sick leave for a family member’s “personal care.” |
District of Columbia Announces 2021 Minimum Wage Rate(posted: Monday, May 10th, 2021) The Districts Minimum Wage Rate Is Adjusted Annually to Reflect Cost of Living Increases The District of Columbia’s Office of Wage and Hour has announced that beginning July 1, 2021, the district’s minimum wage rate will increase from $15 to |
Court of Appeals Reverses AB 5 Injunction for Trucking Industry(posted: Friday, May 7th, 2021) Adequate Worker Classification Is Crucial in Determining Eligibility for Employee Benefits and Protections On Apr. 28, 2021, the 9th Circuit Federal Court of Appeals (the Court) held that California’s employee classification law known as AB 5 is not preempted by |
DOL Withdraws Independent Contractor Final Rule(posted: Wednesday, May 5th, 2021) The Final Rule Will Be Officially Withdrawn After Its Publication in the Federal Register On May 5, 2021, the U.S. Department of Labor (DOL) announced it will officially withdraw the Independent Contractor final rule. The withdrawal will be effective on |
Alerts for April | |
President Biden Orders $15 Minimum Wage for Federal Contractor Employees(posted: Friday, April 30th, 2021) The New Rate Becomes Mandatory on Jan. 30, 2022, and Will Be Adjusted Annually by the U.S. Department of Labor On April 27, 2021, President Joe Biden issued an executive order requiring federal contractors to pay their employees a $15 |
Washington State Temporarily Expands PFML With COVID-19 Grants(posted: Friday, April 30th, 2021) Washington state has created a temporary grant program to provide paid family and medical leave to individuals who, due to COVID-19, are unable to meet the “hours-worked” requirement for the benefit. |
DOL Delays Portions of the 2020 Employee Tip Final Rule to Dec. 31, 2021(posted: Thursday, April 29th, 2021) Provisions Not Affected by the Delay Take Effect April 30 On Dec. 30, 2020, the U.S. Department of Labor (DOL) published a final rule to amend employee tip regulations under the Fair Labor Standards Act (FLSA). On Apr. |
California Adopts Rules for Rehiring Workers Displaced by COVID-19(posted: Wednesday, April 28th, 2021) The New Preferential System Will Remain in Place Until Dec. 31, 2024 As of Apr. 16, 2021, certain employers are required to give preference to rehiring and retaining employees displaced by COVID 19 when filling new positions. This new law |
Chicago Requires Time Off for COVID-19 Vaccinations(posted: Tuesday, April 27th, 2021) As of April 21, 2021, a new Chicago ordinance requires employers in the city to give employees time off work to receive the COVID-19 vaccine. |
EEOC Opens EEO-1 Reporting Portal for 2019 and 2020 Data(posted: Tuesday, April 27th, 2021) The portal for private-sector employers to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020 is now open, the U.S. Equal Employment Opportunity Commission (EEOC) announced April 26, 2021. |
Maryland Passes Public Health Emergency and Bereavement Leave Laws(posted: Thursday, April 22nd, 2021) The Maryland legislature passed a number of new bills affecting employers, including those addressing bereavement leave and protections for essential workers in a catastrophic public health emergency. These bills are expected to be signed into law shortly. |
Paid Leave Required for New Mexico Workers, Starting in 2022(posted: Thursday, April 15th, 2021) Beginning July 1, 2022, most New Mexico employers will be required to provide up to 64 hours of paid leave annually for specific reasons relating to the health or safety of employees or their family members. |
Virginia Passes Paid Sick Leave Law for Home Health Workers(posted: Thursday, April 15th, 2021) Under a new law effective July 1, 2021, employers of home health workers in Virginia must provide paid sick leave for specific purposes relating to the medical needs of the workers or their family members. |
Virginia Enacts Paid Sick Leave Law for Home Health Workers(posted: Wednesday, April 14th, 2021) Under a new law effective July 1, 2021, employers of home health workers in Virginia must provide paid sick leave for specific purposes relating to the medical needs of the workers or their family members. |
Philadelphia Requires COVID-19-related Employee Leave(posted: Tuesday, April 13th, 2021) A new Philadelphia Public Health Emergency Leave law mandates up to 80 hours of paid employee leave for specific COVID-19-related reasons. |
Virginia Adopts New Overtime Wage Rules(posted: Monday, April 12th, 2021) The New Law Uses Different Formulas to Calculate the Regular Wage Rate On March 31, 2021, Virginia adopted the Virginia Overtime Wage Act (the Act). This new law becomes effective July 1, 2021, and, like its federal counterpart—the Fair Labor |
DOL Issues Model Notices, FAQs for COBRA Subsidy Under ARPA(posted: Wednesday, April 7th, 2021) On April 7, 2021, the U.S. Department of Labor issued FAQs and model notices for the COBRA premium assistance provisions of the American Rescue Plan Act. |
IRS Publishes Guidance for 2021 Employee Retention Credit (Q1/Q2)(posted: Wednesday, April 7th, 2021) The Tax Credit Will Increase to 70 Percent of Eligible Wages for the First Two Quarters of 2021 On April 2, 2021, the Internal Revenue Service (IRS) published Notice 2021 23 to provide guidance for employers claiming the employee retention |
Illinois Issues Guidance on Employee Time Off for COVID-19 Vaccination(posted: Thursday, April 1st, 2021) The Illinois Department of Labor (IDOL) has issued guidance for employers about employee leave for COVID-19 vaccination, addressing mandatory, optional and family member situations. |
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Alerts for March | |
EEOC Announces EEO-1 Reporting Begins April 26(posted: Tuesday, March 30th, 2021) The portal for private-sector employers to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020 will open on April 26, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced March 29, 2021. |
IRS Extends Time to Make IRA, HSA Contributions and File Forms 1040(posted: Tuesday, March 30th, 2021) On March 29, 2021, the Internal Revenue Service issued Notice 2021-21, which extends tax deadlines for filing Form 1040 series returns and other deadlines to May 17, 2021. |
Face Masks and Other PPE Treated as Deductible Medical Expenses(posted: Tuesday, March 30th, 2021) The Internal Revenue Service has issued Announcement 2021-7, clarifying that amounts paid for certain personal protective equipment (PPE)—such as masks, hand sanitizer and sanitizing wipes—used for the primary purpose of preventing the spread of coronavirus (COVID-19) are deductible medical expenses. |
New California COVID-19 Leave Law Is Retroactive to Jan. 1(posted: Friday, March 26th, 2021) Under a new supplemental paid sick leave law, California employers with more than 25 employees must provide up to 80 new hours of supplemental paid sick leave for specific COVID-19-related reasons. The leave requirement takes effect March 29, 2021, but it is retroactive to Jan. 1, 2021. |
DOL Will Allow Portions of the Tip Rule to Take Effect April 30(posted: Wednesday, March 24th, 2021) While Some Provisions Will Take Effect, The DOL Is Also Proposing Changes to the Original Rule On Dec. 22, 2020, the U.S. Department of Labor (DOL) published a final rule to amend employee tip regulations under the Fair Labor Standards |
New York Employers Must Provide Paid Leave for COVID-19 Vaccination(posted: Wednesday, March 17th, 2021) New York has passed a law requiring employers to provide employees with paid leave to be vaccinated for COVID-19. |
OSHA Releases COVID-19 National Emphasis Program(posted: Friday, March 12th, 2021) The NEP Is Expected to Remain in Effect Until the Pandemic is Over On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a national emphasis program (NEP) for COVID 19. OSHA establishes NEPs when it identifies a |
DOL Delays Effective Date for 2020 Employee Tip Rule(posted: Friday, March 12th, 2021) The Rule Will Go Into Effect April 30, 2021 On Feb. 26, 2021, the U.S. Department of Labor (DOL) delayed the effective date of its 2020 employee tip rule to April 30, 2021. This rule was originally scheduled to go |
DOL Proposes to Rescind Independent Contractor Rule(posted: Friday, March 12th, 2021) The Rule Has Not Yet Become Effective and Its Rescission Has Been Proposed But Is Not Final Yet On March 11, 2021, the U.S. Department of Labor (DOL) announced a proposal to rescind the Independent Contractor final rule. The rule |
DOL Proposes to Rescind the FLSA Joint Employer Determination Rule(posted: Friday, March 12th, 2021) Though Effective Since March 2020 a Federal Court Vacated Most of the Rule in September 2020 On March 11, 2021, the U.S. Department of Labor (DOL) announced a proposal to rescind the 2020 Joint Employer Determination Rule (the Rule). Joint |
Biden Signs Relief Bill with Employment-related Provisions(posted: Thursday, March 11th, 2021) On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act, a $1.9 trillion relief bill containing financial benefits for individuals, businesses, state and local governments and more. |
IRS Issues Guidance on Employee Retention Credit for 2020(posted: Monday, March 8th, 2021) The Notice Clarifies Employer Eligibility and Describes Retroactive Changes that Apply to 2020 On March 1, 2021, the Internal Revenue Service (IRS) issued Notice 2021 20 to provide guidance for employers claiming the 2020 employer retention tax credit. This tax |
Agency FAQs Clarify COVID-19 Coverage Requirements(posted: Wednesday, March 3rd, 2021) Health Plans and Issuers Must Cover COVID 19 Diagnostic Items and Services Without Cost sharing On Feb. 26, 2021, the Departments of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance to clarify health coverage requirements related |
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Alerts for February | |
DOL Guidance on COVID-19 Relief for Employee Benefit Plans(posted: Friday, February 26th, 2021) The Relief May Extend Beyond the Expected Feb. 28 Expiration Date in Some Cases On Feb. 26, 2021, the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued Disaster Relief Notice 2021 01 to provide guidance on the duration |
Virginia Legalizes Marijuana and Expands Employer Restrictions(posted: Tuesday, February 23rd, 2021) The New Law Affects Background Checks for Job Applicants On Feb. 5, 2021, Virginia passed a new law (House Bill 2312) that legalizes recreational marijuana for adults ages 21 and older in the state. The new law also expands an |
DOL Proposes New Effective Date for Independent Contractor Rule(posted: Tuesday, February 23rd, 2021) The Delay Would Allow the Biden Administration Time to Evaluate the Rule Before It Becomes Effective On Friday, Feb. 5, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) proposed delaying the effective date for the Independent |
CDC Provides Guidance on Consent and Disclosures for Workplace COVID-19 Testing(posted: Tuesday, February 23rd, 2021) Informed Consent Requires Disclosure, Understanding and Free Choice The Centers for Disease Control and Prevention (CDC) has issued guidance on the elements of consent and disclosures necessary to support employee decision making when employers incorporate workplace COVID 19 testing. |
Outbreak Period Expiration Approaching(posted: Monday, February 22nd, 2021) Last year, federal agencies issued relief postponing various employee benefit plan deadlines during a defined “Outbreak Period” to help plans, participants and service providers impacted by the COVID-19 pandemic. |
9th Cir.: FMLA Leave Includes “Off” Time in Rotating Schedules(posted: Friday, February 19th, 2021) An employee working a “one week on, one week off” schedule who takes 12 workweeks of continuous federal Family and Medical Leave Act (FMLA) leave may be required to return to work 12 weeks later, a federal appeals court has held. |
Additional COVID-19 Relief and Clarifying Guidance for Cafeteria Plans(posted: Thursday, February 18th, 2021) On Feb. 18, 2021, the IRS released Notice 2021-15, which provides additional mid-year election change relief for Section 125 cafeteria plans for plan years ending in 2021. |
Employers May Have to Provide Paid Military Leave, Court Says(posted: Wednesday, February 17th, 2021) Employees who take off work for military duty may be entitled to paid leave from their employers, according to a Feb. 3, 2021, federal appeals court decision. |
DOL Issues Updated Model Employer CHIP Notice(posted: Tuesday, February 9th, 2021) The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Jan. 31, 2021. |
New York Issues New Guidance on COVID-19 Leave(posted: Wednesday, February 3rd, 2021) Employers who prohibit employees not in quarantine or isolation from coming to work for COVID-19 exposure reasons must pay them their regular rate, according to new guidance issued by the New York Department of Labor. The Jan. 20, 2021, guidance also states that employees may take leave for three periods of quarantine or isolation, among other points. |
IRS Updates FAQs on Employer Tax Credits for FFCRA Leave(posted: Tuesday, February 2nd, 2021) On Jan. 29, 2021, the IRS updated its frequently asked questions on tax credits available to employers for providing paid employee leave under the Families First Coronavirus Response Act. |
Reminder: Medicare Part D Disclosures due by March 1, 2021 for Calendar Year Plans(posted: Monday, February 1st, 2021) Group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS) on an annual basis and at other select times, indicating whether the plan's prescription drug coverage is creditable or non-creditable. |
Alerts for January | |
EEOC Announces 2021 Schedule for EEO-1 and Other EEO Reports(posted: Tuesday, January 19th, 2021) On Jan. 12, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will open four equal employment opportunity (EEO) data collections in 2021. |
EEOC Issues Opinion Letter on ICHRAs and the ADEA(posted: Thursday, January 14th, 2021) A Jan. 7, 2021 opinion letter from the U.S. Equal Employment Opportunity Commission (EEOC) addresses employer contributions to Individual Coverage Health Reimbursement Arrangements (ICHRAs) and compliance with the Age Discrimination in Employment Act of 1967 (ADEA). |
Proposed Rules Would Amend Wellness Program Incentive Rules(posted: Tuesday, January 12th, 2021) On Jan. 7, 2021, the Equal Employment Opportunity Commission issued two proposed rules on wellness programs under the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act. |
HHS Issues Proposed Changes to the HIPAA Privacy Rule(posted: Tuesday, January 12th, 2021) The Department of Health and Human Services (HHS) issued a proposed rule that would make certain changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. |
Massachusetts Issues Emergency PFML Regulations(posted: Monday, January 11th, 2021) The Massachusetts Department of Family and Medical Leave (DFML) has issued emergency regulations for the paid family and medical leave (PFML) program. The emergency regulations add personal care attendants and family care providers to the program’s definition of “covered individual.” |
DOL Issues New Q&As About FFCRA Leave Requirements(posted: Wednesday, January 6th, 2021) The U.S. Dept. of Labor (DOL) has issued two additional Q&As about employee leave under the Families First Coronavirus Response Act. |
Alerts for December | |
CO Employers Must Provide 80 Hours’ Emergency Leave on Jan. 1(posted: Wednesday, December 30th, 2020) On Jan. 1, 2021, Colorado employers will have to provide workers with up to 80 hours of paid public health emergency leave under the state’s Healthy Families and Workplaces Act, passed in July 2020. The requirement was clarified in guidance and temporary emergency rules issued by the state’s Department of Labor and Employment on Dec. 23, 2020. |
DOL to Accept Telemedicine as In-person Visit for FMLA Purposes(posted: Wednesday, December 30th, 2020) New Directive Aligns Enforcement Practices with COVID 19 Guidance On Dec. 29, 2020, the U.S. Department of Labor (DOL) published Field Assistance Bulletin 2020 8 to provide enforcement guidance regarding the use of telemedicine when establishing a serious health condition |
DOL Issues Guidance on Electronic Posting of Certain Labor Law Notices(posted: Wednesday, December 30th, 2020) On Dec. 29, 2020, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2020-7, which addresses when the DOL will consider electronic posting by employers (by email, or an internet or intranet website) sufficient to provide employees with required notice of their statutory rights under a variety of federal labor laws. |
IRS Announces 2021 Standard Mileage Rates(posted: Monday, December 28th, 2020) On Dec. 22, 2020, the Internal Revenue Service (IRS) issued the 2021 optional standard mileage rates, which are used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. |
Stimulus Bill With Temporary Special Rules for FSAs Signed Into Law(posted: Monday, December 28th, 2020) On Dec. 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021 into law. The Act provides temporary special rules for health and dependent care flexible spending accounts (FSAs) that give employees additional time to use these funds. |
DOL Amends Employee Tip Regulations(posted: Wednesday, December 23rd, 2020) New Requirements Become Effective 60 Days After Their Publication in the Federal Register (publication still pending) On Dec. 22, 2020, the U.S. Department of Labor (DOL) announced a final rule to amend employee tip regulations under the Fair Labor Standards |
Stimulus Bill Extending FFCRA Tax Credits but Not Leave Mandate Signed Into Law(posted: Tuesday, December 22nd, 2020) An appropriations bill, signed into law by President Donald Trump on Dec. 27, 2020, does not extend FFCRA employee leave mandates beyond Dec. 31, 2020. However, the bill does extend employer tax creditsfor FFCRA leave offered through March 31, 2021. |
Stimulus Bill Extends FFCRA Tax Credits but Not Leave Mandate(posted: Tuesday, December 22nd, 2020) An appropriations bill passed by Congress on Dec. 21, 2020, and expected to be signed into law by President Donald Trump does not extend FFCRA employee leave mandates beyond Dec. 31, 2020. However, the bill does extend employer tax creditsfor FFCRA leave offered through March 31, 2021. |
Final Regulations Issued for Transportation Fringe Benefits(posted: Monday, December 21st, 2020) On Dec. 16, 2020, The U.S. Treasury Department and Internal Revenue Service published final regulations on the deduction for qualified transportation fringe (QTF) expenses, following changes made by the 2017 Tax Cuts and Jobs Act (TCJA). |
IRS Adds, Updates FAQs on FFCRA Tax Credits(posted: Thursday, December 17th, 2020) The IRS has added or updated more than 80 answers to questions in its series of FAQs on “COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses.” |
Reminder: Florida’s E-Verify Law Becomes Effective Jan. 1, 2021(posted: Thursday, December 10th, 2020) Public Contractors Will Need to Register With and Use E Verify Beginning Jan. 1, 2021, all public employers, contractors and subcontractors in Florida will need to register with and use the E Verify System to certify the work authorization of |
Workers May Apply Unused Transit Benefits to Parking(posted: Wednesday, December 2nd, 2020) In a recent information letter concerning an employee who, due to COVID-19, was driving to work rather than using public transportation, the IRS said employees may apply unused commuter transit benefit amounts to parking benefits in certain circumstances. |
Colorado Adopts Paid Sick Leave Regulations(posted: Wednesday, December 2nd, 2020) The Colorado Department of Labor and Employment has adopted regulations for the state’s new paid sick leave law, the Healthy Families and Workplaces Act. |
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Alerts for November | |
Florida Minimum Wage Will Rise Gradually to $15 per hour(posted: Tuesday, November 10th, 2020) Florida Will See Two Minimum Wage Rate Increases in 2021 On Nov. 3, 2020, voters in Florida approved a constitutional amendment that will raise the state minimum wage rate each year until it reaches $15 per hour in 2026. Beginning |
Colorado Voters Pass Paid Family and Medical Leave Initiative(posted: Monday, November 9th, 2020) On Nov. 3, 2020, Colorado voters passed Proposition 118, creating a paid family and medical leave insurance program for workers in the state. |
Alerts for October | |
No Change in 2021 Limits for Qualified Transportation Benefits(posted: Wednesday, October 28th, 2020) The IRS has released Revenue Procedure 2020-45, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2021 taxable year |
IRS Releases 2021 Retirement Contribution Limits(posted: Tuesday, October 27th, 2020) The IRS has announced the cost-of-living adjustments for 2021 that affect amounts employees can contribute to 401(k) plans and IRAs. |
Michigan OSHA Adopts Emergency COVID-19 Standard(posted: Friday, October 23rd, 2020) The New Standard Applies to All Employers Covered by the State OSHA Program On Oct. 14, 2020, the Michigan Occupational Safety and Health Administration (MIOSHA) adopted an emergency COVID 19 workplace safety standard (the Standard) for all businesses covered by |
CAL/OSHA Takes Steps Toward Temporary Emergency Standard for COVID-19(posted: Thursday, October 22nd, 2020) New Regulations Would Increase the Agency's Authority to Enforce COVID 19 Safety Standards On Sept. 17, 2020, the California Occupational Safety and Health Standards Board (the Board), part of the California Division of Occupational Safety and Health (Cal OSHA), approved |
SBA Issues New FAQs for Paycheck Protection Program Loan Forgiveness(posted: Thursday, October 22nd, 2020) Borrowers and Lenders May Rely on the Guidance Provided in the New FAQs On Oct. 13, 2020, the Small Business Administration (SBA) published a new set of answers to frequently asked questions about the forgiveness of loans issued under the |
New York State Issues FAQs for Paid Sick Leave(posted: Thursday, October 22nd, 2020) New York state has published frequently asked questions about its new paid sick leave law, covering 11 different topic areas. |
Florida Announces $8.65 Minimum Wage Rate for 2021(posted: Tuesday, October 20th, 2020) The New Rate Becomes Effective Jan. 1, 2021 Florida has published new minimum wage posters announcing an $8.65 per hour minimum wage rate for 2021. Florida’s minimum wage rate is adjusted annually to reflect changes in the cost of living. However, |
California Expands Employee Leave Protections for Victims(posted: Friday, October 16th, 2020) California has expanded its employee leave protections for victims of domestic violence, sexual assault and stalking to apply to a broader category of victims, in amendments that take effect Jan. 1, 2021. |
Ohio Announces $8.80 Minimum Wage Rate for 2021(posted: Thursday, October 15th, 2020) The New Rate Becomes Effective Jan. 1, 2021 Ohio has published a new minimum wage poster announcing an $8.80 minimum wage rate for 2021. Ohio’s minimum wage rate is adjusted annually to reflect changes in the cost of living. The |
Washington Announces $13.69 Minimum Wage Rate for 2021(posted: Tuesday, October 13th, 2020) The New Rate Becomes Effective Jan. 1 Washington state has announced a $13.69 minimum wage rate for 2021. Washington’s minimum wage rate is adjusted annually to reflect changes in the cost of living. However, employers should be mindful of local |
California Adds HR Personnel and Supervisors as Mandatory Reporters(posted: Tuesday, October 13th, 2020) The New Law Becomes Effective Jan. 1, 2021 On Sept. 29, 2020, California amended its existing child abuse reporting law to add two new classes of mandatory reporters for employers with five or more employees Human resource employees |
California Eases Sexual Harassment Training Requirements for Previously Trained New Employees(posted: Friday, October 9th, 2020) New Employees Who Already Received the Required Training May Be Placed on Two Year Schedule from Date of Last Training Effective Sept. 28, 2020, California has amended its law that requires employers with five or more employees to provide sexual |
HHS Renews COVID-19 Public Health Emergency(posted: Friday, October 9th, 2020) Renewal Extends the Duration of Certain Coverage Mandates Related to the COVID 19 Pandemic On Oct. 2, 2020, the Department of Health and Human Services (HHS) renewed its determination that a public health emergency exists as a result of the |
Pennsylvania Increases Salary Threshold for Overtime Exemptions(posted: Tuesday, October 6th, 2020) The State Salary Level Will Reach $875 per week by 2022 On Oct. 2, 2020, the Pennsylvania Department of Labor and Industry (DLI) announced a new overtime rule that increases the salary threshold that must be satisfied for executive, administrative |
OSHA Clarifies COVID-19 Reporting Requirements(posted: Tuesday, October 6th, 2020) The New FAQs Clarify When Employers Must Report COVID 19 Hospitalizations and Fatalities The Occupational Safety and Health Administration (OSHA) has published two additional answers to its list of COVID 19 frequently asked questions (FAQs). The new answers clarify when |
OSHA Advice on Wearing Face Coverings in Hot, Humid Environments(posted: Thursday, October 1st, 2020) Hazardous Heat Exposure Can Occur Indoors or Outdoors Under the Right Conditions OSHA has also issued guidance on safety protocols employees can use when wearing cloth face coverings in hot, humid indoor and outdoor work conditions. Wearing face coverings has |
Alerts for September | |
Arizona Announces $12.15 Minimum Wage Rate for 2021(posted: Wednesday, September 30th, 2020) The New State Rate Becomes Effective Jan. 1, 2021 On Sept. 17, 2020, Arizona announced a $12.15 minimum wage rate for 2021. Arizona’s minimum wage rate is adjusted annually to reflect changes in the cost of living. However, employers should |
NYC Changes Paid Sick Leave Law(posted: Wednesday, September 30th, 2020) New York City has amended its Earned Safe and Sick Time Act (ESST) to align with the state’s paid sick leave law, which was passed earlier in the year as part of the state budget. Both the amendments to the city ESST and the accrual and notice portions of the state law take effect Sept. 30, 2020. |
California Expands Family and Medical Leave Under CFRA(posted: Friday, September 25th, 2020) Effective Jan. 1, 2021, amendments to the California Family Rights Act (CFRA) expand the law’s leave requirements to cover employers with at least five employees, provide new grounds for leave and remove leave limits. |
DOL Proposes Changes to FLSA Independent Contractor Classification Test(posted: Wednesday, September 23rd, 2020) Proposed Rule Would Establish An Economic Realities Test to Determine Worker Status Under the FLSA On Sept. 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule to clarify how employers should classify their workers as either employees |
California Authorizes Stop-Work Orders and Requires Worker Exposure Notices for COVID-19(posted: Wednesday, September 23rd, 2020) On Sept. 17, 2020, California enacted a new law (AB 685) that authorizes the California Division of Occupational Safety and Health (the Division) to issue stop work orders for facilities or operations that pose an imminent COVID 19 hazard to |
DOL Updates Q&As on Employee Leave Under the FFCRA(posted: Tuesday, September 22nd, 2020) The U.S. Department of Labor (DOL) has released three new questions and answers (Q&As) and has updated six of its existing Q&As about emergency paid sick leave and expanded Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA). |
DHS Extends Remote Verification of I-9 Documents to Nov. 19(posted: Friday, September 18th, 2020) Without Extension, Exemption Would Have Expired Sept. 19 Because of the ongoing COVID 19 pandemic, the U.S. Department of Homeland Security (DHS) is allowing employers that are operating remotely to conduct a remote |
California Extends Workers’ Compensation Presumption for COVID-19(posted: Tuesday, September 15th, 2020) On Sept. 1, 2020, California amended its workers’ compensation (WC) law, under Senate Bill 1159 (SB1159), to provide a presumption that COVID-19 is a compensable, work-related condition under certain circumstances. |
DOL Revises FFCRA Regulations in Response to Court Decision(posted: Monday, September 14th, 2020) The U.S. Department of Labor (DOL) has issued revisions to regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). |
California Mandates Paid Sick Leave for COVID-19(posted: Monday, September 14th, 2020) California has enacted a new law that requires supplemental paid sick leave statewide for workers for COVID 19 related purposes, effective Sept. 19, 2020. |
New York Announces Paid Family Leave Rates for 2021(posted: Friday, September 11th, 2020) The New York State Department of Financial Services has announced that for calendar year 2021, employers may deduct 0.511% of an employee’s weekly wage, up to an annual cap of $385.34, to pay the premium cost for state paid family leave insurance. |
DOL Announces 2021 Minimum Wage Rate for Federal Contractors(posted: Friday, September 11th, 2020) New Rate Applies Between Jan. 1 and Dec. 31, 2021 On Aug. 31, 2020, the U.S. Department of Labor (DOL) announced that the minimum wage rate for federal contractor employees will increase from $10.80 to $10.95 per hour on Jan. |
California Exempts Additional Occupations from Independent Contractor Classification Test (AB 5)(posted: Friday, September 11th, 2020) The Amendments Became Effective Sept. 4 On Sept. 4, 2020, California amended the list of occupations exempted from using the state’s employee classification test, also known as “the ABC test” (AB 5). When the ABC test is not required, including |
Federal Court Strikes Down Part of the DOL Joint Employment Rule(posted: Wednesday, September 9th, 2020) The DOL Is Currently Exploring Options to Challenge the Lower Court’s Ruling On Sept. 8, 2020, a federal district court struck down parts of the U.S. Department of Labor (DOL) joint employer rule. This new rule became effective March 16, |
EEOC Updates Guidance on Coronavirus (COVID-19) and the ADA(posted: Tuesday, September 8th, 2020) New FAQs Address Questions Employers May Ask to Screen Employees for COVID 19 and ADA Requirements for Handling Employees’ Medical Information On Sept. 8, 2020, U.S. Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about |
Reminder: Medicare Part D Notices Are Due Before Oct. 15, 2020(posted: Tuesday, September 1st, 2020) Employers who sponsor group health plans that offer prescription drug coverage to Medicare-eligible individuals must provide a Medicare Part D Creditable or Non-Creditable Coverage Notice to those individuals before October 15. |
DOL Publishes Four Additional FLSA Opinion Letters(posted: Tuesday, September 1st, 2020) Employers Can Rely on Opinion Letters to Establish Good Faith Compliance Under the Law On Aug. 31, 2020, the U.S. Department of Labor (DOL) published four new opinion letters. Opinion letters provide the DOL’s official position on how labor and |
IRS Issues Guidance on Payroll Tax Deferment Presidential Order(posted: Tuesday, September 1st, 2020) Deferred taxes must be recouped between Jan. 1 and Apr. 30, 2021 On Aug. 8, 2020, President Donald Trump ordered the U.S. Department of Treasury (the Department) to defer collecting certain payroll taxes from wages earned between Sept. 1 and |
Alerts for August | |
Minnesota Announces 2021 Minimum Wage Rate(posted: Monday, August 31st, 2020) New Rate Becomes Effective Jan. 1, 2021 On Aug. 28, 2020, Minnesota announced the following minimum wage rates, effective Jan. 1, 2021 $10.08 per hour for large employers (employers with an annual gross revenue of $500,000 |
Remote Verification of Form I-9 Documents Extended to Sept. 19(posted: Friday, August 28th, 2020) Without Extension, Exemption Would Have Expired Aug. 18 Because of the ongoing COVID 19 pandemic, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced yet another 30 day extension of the exemption for the |
DOL Publishes FAQs Addressing FFCRA Leave and Return to School(posted: Friday, August 28th, 2020) The U.S. Department of Labor (DOL) has published new frequently asked questions about whether employees qualify for paid leave under the Families First Coronavirus Response Act in different school reopening situations, including those that blend in-person with distance learning. |
IRS Offers Guidance on COVID-19 Employee Leave-sharing Plans(posted: Wednesday, August 19th, 2020) In recently issued answers to frequently asked questions, the IRS said employers may set up leave-sharing plans under IRS Notice 2006-59 to benefit employees adversely affected by the COVID-19 pandemic. |
DOL Releases Updated Model Employer CHIP Notice(posted: Tuesday, August 18th, 2020) The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of July 31, 2020. |
Interim Final Rule Issued on Leave for Federal Workers(posted: Tuesday, August 18th, 2020) The U.S. Office of Personnel Management has published an interim final rule to implement the Federal Employee Paid Leave Act, which provides paid leave to certain federal employees covered by the Family and Medical Leave Act. |
DOL Guidance Addresses Federal Contractors and FFCRA Leave Pay(posted: Tuesday, August 11th, 2020) The U.S. Department of Labor (DOL) has issued questions and answers on when federal contractors must include Service Contract Act (SCA), Davis-Bacon Act (DBA) or Executive Order 13706 fringe benefits for workers taking leave under the Families First Coronavirus Response Act (FFCRA). |
President Trump Orders Payroll Tax Deferment(posted: Monday, August 10th, 2020) The Department of Treasury Will Stop Collecting Certain Payroll Taxes Between Sept. 1 and Dec. 31 On Aug. 8, 2020, President Donald J. Trump ordered the U.S. Department of Treasury (the Department) to defer collecting certain payroll taxes from Sept. |
NY Federal Court Partly Strikes Down FFCRA Leave Regulations(posted: Tuesday, August 4th, 2020) In a case brought by the New York attorney general, the U.S. District Court for the Southern District of New York has vacated portions of regulations issued by the U.S. Department of Labor under the Families First Coronavirus Response Act. |
Virginia Adopts Safety and Health Standard for COVID-19(posted: Monday, August 3rd, 2020) The New Emergency Temporary Standard Requires Job Risk Assessments, Employee Training and Customized Control and Prevention Measures Virginia has adopted an occupational safety and health standard to protect employees within the state from COVID 19. This Emergency Temporary Standard (ETS) |
Virigina Adopts Safety and Health Standard for COVID-19(posted: Monday, August 3rd, 2020) The New Emergency Temporary Standard Requires Job Risk Assessments, Employee Training and Customized Control and Prevention Measures Virginia has adopted an occupational safety and health standard to protect employees within the state from COVID 19. This Emergency Temporary Standard (ETS) |
Massachusetts Finalizes Amendments to PFML Regulations(posted: Monday, August 3rd, 2020) On July 24, 2020, the Massachusetts Department of Paid Family and Medical Leave published final amendments to regulations issued under the state’s Paid Family and Medical Leave program. |
