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- News Flash! HRSPI Acquired. -

HR Solutions Partners, Inc. (HRSPI) is pleased to announce that HRSPI has recently been acquired by experienced Silicon Valley professionals.

The new owners recognize the value of the business and will maintain the existing HRSPI brand and service offerings. I have committed to serving as a member of the Advisory Board to assist in the transition and provide guidance and advice in 2021.

I am confident the new leadership will be able to bring not only the best and brightest HR talent to their clients but also to support their service offerings with state-of-the-art technology.

You can look forward to more details in the New Year!

Donna DeGrande, CEO
HR Solutions Partners, Inc.

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 MayTop Of Page

Utah Limits Liability for Hiring Employees With Criminal Records

Utah has enacted a law placing limits on employers’liability for hiring employees with criminal backgrounds for certain jobs. Thelaw became effective May 4, 2022; it expires July 1, 2025. 

Oklahoma Enacts Employee Payroll Deposit and Card Laws

Employers May Choose to Pay Employee Wages Through Deposit or Payroll Card (in Some Cases) at Their Discretion On May 5, 2022, Oklahoma adopted senate bill (SB) 1345 to allow employers the option of paying employee wages through payroll cards.

Delaware Passes Paid Family and Medical Leave Law

Delaware has enacted the HealthyDelaware Families Act, requiring job-protected paid family and medicalleave for Delaware employees. The leave is funded by employer and employeecontributions that begin Jan. 1, 2025. Benefits become available Jan. 1, 2026. 

Virginia Aligns Overtime Pay Laws with FLSA

Beginning July 1, Virginia Employers Will Need To Follow FLSA Overtime Pay Requirements And Exemptions On April 11, 2022, Virginia amended its overtime wage laws to follow federal overtime pay provisions set by the federal Fair Labor Standards Act (FLSA).

Tennessee Employers to Provide Veterans Day as Nonpaid Holiday

An Exemption Applies for Public Health, Safety or Significant Disruptions On April 20, 2022, Tennessee adopted a new law that requires employers to allow employees who are veterans to have the entirety of Veteran’s Day as a non paid holiday

Alerts for AprilTop Of Page

IRS Releases 2023 Health Savings Account (HSA) Limits

Inflation Adjusted Contribution Limits and HDHP Amounts to Increase  The IRS has announced the 2023 inflation adjusted amounts for health savings accounts (HSAs) as determined under the Internal Revenue Code. Annual Contribution LimitsFor calendar year 2023, the annual

Alabama to Require Family Leave for Adoptive Parents

Alabama has passed the Adoption Promotion Act, requiring employers that providepaid leave for biological parents to offer paid leave to adoptive parents aswell.

Nebraska Simplifies Youth Employment Certificate Process

School Principals To Authorize Youth Employment Certificates On April 20, 2022, Nebraska amended its child labor laws to streamline the process for approving youth employment certificates. The amended provisions become effective on July 19, 2022.  Youth Employment Certificates

Tennessee Amends Work Authorization Verification Requirements

Employers With 35 Or More Employees Will Need To Use E Verify On April 19, 2022, Tennessee adopted House Bill (HB) 1853 and amended some of the state’s requirements for employer use of E Verify (the federal government’s

Tennessee Repeals Subminimum Wage for Employees With Disabilities

Tennessee Employers Should Adjust Their Payroll Processes To Ensure Compliance By July 1 On April 20, 2022, Tennessee repealed the state’s minimum wage exemption for employees with disabilities. As a result, employees with disabilities in Tennessee must receive wages at

Maine Extends Scope of Its Whistleblowers’ Protection Act

Collective Bargaining Agreements May No Longer Shield Employers From Whistleblower Discrimination Claims On April 12, 2022, Maine adopted LD 1889, a bill that extends the scope of the state’s Whistleblowers' Protection Act (the Act) to include employees who work

Massachusetts Orders Treble Damages for Late Wage Payment

The Court's Decision Holds Employers Strictly Liable for Late Payments On April 4, 2022, the Massachusetts Supreme Judicial Court (the court) found in Reuter vs. City of Methuen that the Massachusetts Wage Act (MWA) requires employers to promptly pay employee

OSHA’s Proposal to Reconsider and Revoke Arizona’s State Plan

OSHA Believes Arizona Is Unable or Unwilling to Maintain Program As Required On April 20, 2022, OSHA announced its proposal to reconsider and revoke the final approval of Arizona’s State Plan. This comes in response to the decade long pattern

Maine Amends Laws to Include Vacation Pay in Final Wages

New Requirement Becomes Effective Jan. 1, 2023  On April 5, 2022, Maine amended its wage payment laws to clarify how employers should treat unused vacation time upon separation of employment. These amendments will become effective on Jan. 1, 2023. 

New West Virginia Rule Will Apply to Youth Work Permits

Employers Must Initiate Work Permit Process On March 30, 2022, West Virginia adopted a final rule to make employers responsible for ensuring the completion of work permits for employees who are minors between the ages of 14 and 15. The

Tennessee Regulates Insurance Requirements for Gig Economy Drivers

Gig Economy Entities Must Provide Notice of Automobile Insurance Coverage On April 8, 2022, Tennessee adopted a law to regulate insurance requirements for gig or shared economy drivers. The new law became effective on the day it was adopted.

Virginia to Require Employers to Display Seizure First Aid Poster

Employers Will Need To Display the New Poster By July 1 On April 7, 2022, Virginia approved a measure that will require employers with 25 or more employees to display a new required seizure first aid poster in the workplace.

Ohio Amends Overtime Pay Requirements

The Amendment Incorporates Sections Two And Four Of The Federal Portal To Portal Act Into State Law On March 30, 2022, Ohio amended its overtime pay laws by officially incorporating provisions of the federal Portal to Portal Act into state

Kentucky Adopts Law to Regulate PEO Operations Within the State

Affected PEOs That Operate In Kentucky Will Need To Register Within 180 Days On March 29, 2022, Kentucky adopted House Bill (HB) 506 to regulate how professional employer organizations (PEOs) operate in the state. HB 506 sets requirements

Utah Enacts Consumer Privacy Act

The UCPA Creates Consumer Rights Regarding The Collection, Use And Sale Of Certain Personal Data On March 24, 2022, Utah adopted the Utah Consumer Privacy Act (UCPA). The UCPA becomes effective on Dec. 31, 2023. Compliance with the UCPA will

Utah Amends Driver Wireless Communication Device Laws

New Prohibitions Include Taking or Viewing Photographs While Operating a Vehicle in Motion On March 24, 2022, Utah amended provisions of its laws that regulate the use of wireless communication devices while driving. The amendments prohibit using a wireless device

Washington State Passes Amendments to PFML

Washington has amended the state’s paid family and medicalleave (PFML) law. Key changes for employers take effect June 9, 2022.

Utah Relaxes Employment Verification Requirements for Smaller Employers

Employers With Fewer Than 150 Employees Will No Longer Need to Use an Employee Status Verification System On March 24, 2022, Utah amended its employment authorization verification rules to relax requirements for employers with 149 or fewer employees. Beginning May

Maryland Passes Paid Family and Medical Leave Law

On April 9, 2022, the Maryland General Assembly enacted apaid family and medical leave insurance program, overriding GovernorLarry Hogan’s veto of the measure. The program will cover all employers, andworkers who have worked at least 680 hoursduring the previous year will beeligible for PFML. Employer and employee payroll contributions will beginOct.1, 2023, while leave benefits become available in 2025. Employers with fewerthan 15 employees are not required to contribute to the program.

Oregon Sick Leave Allowed for Evacuations, Heat and Air Quality

The Oregon Bureau of Labor and Industries has issued a final ruleexpanding the permissible uses of employee sick time under state law to includeleave for evacuation orders and dangerous air quality and heat.

West Virginia Amends Payroll Card Requirements

Employers Will No Longer Need Written Agreements for Direct Deposit or Payroll Cards On March 23, 2022, West Virginia amended its wage payment laws and changed several provisions regarding payroll cards. The amendments become effective June 9, 2022. 

House Passes SECURE 2.0 Bill

On March 29, 2022, the U.S. House of Representatives passed the Securing a Strong Retirement Act of 2022 with a bipartisan vote of 414-5.

Washington State to Require Paid Sick Leave for Ride-share Drivers

A new Washington state lawconcerning ride-share companies includes a requirement that the companiesprovide paid sick leave beginning Jan. 1, 2023.

Alerts for MarchTop Of Page

HHS Updates Civil Penalties for Certain Group Health Plan Violations

Effective March 17, 2022, the U.S. Department of Health and Human Services (HHS) has increased the following key penalties affecting group health plans:

Virginia Repeals State COVID-19 Standard

The State Standard Will Be Replaced With Employer Guidance On March 22, 2022, the Virginia Safety and Health Codes Board (the Board) repealed the state’s permanent COVID 19 standard (the standard). The repeal is effective March 23, 2022. The repeal

New York HERO Act Ends COVID-19 Designation as an Infectious Disease

Employers No Longer Have to Implement Their Safety Plans  On March 17, 2022, the New York State Department of Health (DOH) ended the designation of COVID 19 as an airborne infectious disease that presents a serious risk

OSHA Reopens Rule-making Record for COVID-19 Health Care Rule

OSHA Is Inviting New Data and Comments On The COVID 19 Rule For Health Care Employers On March 22, 2022, OSHA partially reopened the rule making record and scheduled an informal public hearing to seek comments on specific topics that

Washington Strengthens Paycheck Protection Requirements

Employers Will Need to Reimburse Employees For Fees Caused By Dishonored Checks On March 11, 2022, Washington amended its wage payment laws to require employers to reimburse employee fees when a paycheck is dishonored by nonacceptance or nonpayment. The new

Philadelphia Passes New COVID-19 Paid Leave Law

Philadelphia has enacted a new lawthat requires employers to provide paid time off for COVID-19 purposes. Theordinance, which took effect March 9, 2022, applies to employers with at least 25 employees.

DOL Issues Guidance on Unlawful Retaliation Under FMLA and EO 13706

In a March 10, 2022, FieldAssistance Bulletin on protecting workers from retaliation, the U.S.Department of Labor provides examples of prohibited retaliation under theFamily and Medical Leave Act and Executive Order 13706, “EstablishingPaid Sick Leave for Federal Contractors,” among other federal laws and orders enforcedby the Wage and Hour Division (WHD).

Oregon Temporarily Excludes Hiring and Retention Bonuses From Pay Equity Requirement

The Exclusion Allows Employers To Hire or Retain Employees Without Violating Pay Equity Law On March 7, 2022, Oregon adopted a temporary amendment that excludes hiring and retention bonuses from the state’s definition of wages for the purpose of complying

DOL Issues Guidance on 401(k) Plan Investments in “Cryptocurrencies”

On March 10, 2022, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2022-01 cautioning plan fiduciaries to exercise extreme care before considering adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants.

DOL Proposes Updates to Davis-Bacon and Related Acts

The Proposal Seeks To Modernize Wage Determinations and Regulatory Language On March 11, 2022, the U.S. Department of Labor (DOL) announced a proposed rule to update certain provisions of the Davis Bacon Act and other related laws that regulate wage

Washington Protects Privacy of Employee Participation in EAPs

Individually Identifiable Information Gathered During EAP Participation Must Be Kept Confidential On March 4, 2022, the state of Washington adopted senate bill (SB) 5564. SB 5564 seeks to encourage employee participation in employee assistance programs (EAPs) by strengthening privacy and

District of Columbia to Increase PFML, Decrease Employer Cost

Starting July 1, 2022, the District of Columbia willincrease the amounts of leave employees are due under the district’s Universal Paid Leave Act, while decreasing the employer payroll tax that fundsthe leave.

OSHA Announces Enforcement Effort for High-hazard Health Care Facilities

Enforcement Effort Will Be Ongoing Until June 9, 2022 On March 7, 2022, OSHA announced an enforcement memorandum for a short term increase in highly focused inspections directed at hospitals and skilled nursing care facilities that treat COVID 19 patients. 

District of Columbia Announces Minimum Wage Increase

New Rates Become Effective On July 1, 2022 The District of Columbia announced a $16.10 per hour minimum wage rate for nonexempt employees. The district’s minimum wage rate is adjusted each summer to reflect changes in the cost of living.

IRS Adds to FAQs on Tax Credits for Employee Leave Under FFCRA and ARPA

On March 3, 2022, the IRS issued four new answers tofrequently asked questions about employee leave taken under the Families FirstCoronavirus Response Act (FFCRA) and the American Rescue Plan Act (ARPA). The newFAQs concern employer and employee reporting of wages paid for leave takenunder the FFCRA and ARPA during different time periods.

IRS Adds to FAQs on Employee Leave Under FFCRA and ARPA

On March 3, 2022, the IRS issued four new answers tofrequently asked questions about employee leave taken under the Families FirstCoronavirus Response Act (FFCRA) and the American Rescue Plan Act (ARPA). The newFAQs concern employer and employee reporting of wages paid for leave takenunder the FFCRA and ARPA during different time periods.

Massachusetts COVID-19 Paid Sick Leave to End March 15

Massachusetts has announced that the state’s COVID-19 emergency paid sick leave program will expire on March 15, 2022. The program, enacted into law in May 2021, requires employers to provide employees with up to 40 hours of paid sick leave for specific COVID-19-related reasons.

CDC Loosens Mask-wearing Guidance for Most of U.S. Population

Wearing a Mask Indoors Is No Longer Recommended For Individuals In Low or Medium Risk Counties Recently, the Centers for Disease Control and Prevention (CDC) announced updates to its mask wearing recommendations, loosening guidance for a majority of the U.S.

Alerts for FebruaryTop Of Page

FMLA Compliance Under Scrutiny as Part of New DOL Initiative

In its announcement this month of a warehouse and logistics worker initiative, the Wage and Hour Division of the U.S. Department of Labor stated the action would include ensuring workers are not prevented from taking time off under the federal Family and Medical Leave Act.

New Jersey Employers to Disclose Employee Monitoring During Travel

Employers Will Need To Provide Written Notice New Jersey has adopted a new law to protect employee privacy in the workplace. Under the new law, employers cannot use tracking or electronic communications devices in a vehicle used by an employee

New York to Require Employee Electronic Monitoring Notification

Employers Will Need to Notify Employees Upon Hiring  On Nov. 2, 2021, the state of New York amended its civil rights laws to require employers not only to disclose electronic monitoring activities to their employees but also

FAQs, Workplace Poster Issued for New California Supplemental Paid Sick Leave

The California Department of Industrial Relations has published answers to frequently asked questions and a poster for employer use in connection with the state’s new COVID-19 supplemental paid sick leave law.

California Enacts Supplemental Paid Sick Leave for COVID-19

California has passed a new supplemental paid sick leave law requiring employers with more than 25 employees to provide up to 40 hours of paid leave for specific COVID-19-related reasons, and 40 additional hours if an employee or their family member tests positive for COVID-19.

Washington Cares Fund Implementation Delayed

On Jan. 27, 2022, Gov. Jay Inslee signed legislation reforming key parts of and delaying by 18 months premium assessments for the state-operated public insurance program to pay for long-term care services (called the Washington Cares Fund).

New Model Employer CHIP Notice Issued

The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Jan. 31, 2022.

Reminder: Medicare Part D Disclosures due by March 1, 2022 for Calendar Year Plans

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 JanuaryTop Of Page

OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule

Though Withdrawn As An Enforceable Emergency Standard, the OSHA ETS Remains As A Proposed Rule On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID 19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will

DOL Publishes Guidance on $15 Minimum Wage for Federal Contractor Employees

Federal Contractors Can Use New Guidance To Understand and Implement EO 14026 On Jan. 13, 2022, the U.S. Department of Labor (DOL) published Field Assistance Bulletin (FAB) 2022 1 to help federal contractors understand and implement a $15 minimum wage

Supreme Court Stays OSHA ETS Vaccination and Testing Mandate

Employers Are Not Required to Comply with the Vaccination or Testing Mandate At This Time On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing

Supreme Court Reinstates Vaccine Requirement for Health Care Workers

CMS Likely Will Resume Enforcement of the Emergency Rule  On Jan. 13, 2022, the U.S. Supreme Court dissolved the temporary injunctions blocking enforcement of the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID 19 vaccination of certain

Agencies Issue Guidance on Coverage of OTC COVID-19 Tests

Coverage of OCT COVID 19 Test To Be Covered Without Health Care Provided Involvement On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans

Alerts for DecemberTop Of Page

CDC Recommends Shorter COVID-19 Isolation and Quarantine

Asymptomatic Individuals Must Now Isolate For Five Days  On Monday, Dec. 27, 2021, the Centers for Disease Control and Prevention (CDC) reduced its recommended periods for COVID 19 isolation (confirmed COVID 19 infection) and quarantine (potential COVID

New York Adopts Final Regulations for Paid Sick Leave

The New York State Department of Labor has adopted final regulations for the state’s paid sick leave law. The regulations are unchanged from the Dec. 9, 2020, proposed regulations and cover the topics of definitions, documentation, employee count and accruals.

NYC Employers Must Allow Leave for Child COVID-19 Vaccinations

New York City has enacted a law requiring employers to provide paid leave for employees to accompany their children to COVID-19 vaccination appointments and care for them during vaccine recovery.

Supreme Court to Hold Hearings on Federal Vaccine Mandates

OSHA Will Delay Enforcement Until January 10 On Dec. 22, 2021, the U.S. Supreme Court announced that it will hear oral arguments regarding whether two federal vaccine requirements can be enforced while legal appeals are in process. On Jan. 7,

Court Reinstates OSHA Vaccination Mandate for Private Employers

The Reinstatement Allows OSHA To Implement And Enforce Compliance With The ETS Nationwide  On Friday Dec. 17, 2021 the 6th Circuit Federal Court of Appeals reinstated the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID

IRS Announces 2022 Standard Mileage Rates

On Dec. 17, 2021, the IRS issued the 2022 optional standard mileage rates, which are used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Michigan Resumes Scheduled Minimum Wage Increases

New Rate Becomes Effective Jan. 1, 2022 On Dec. 2, 2021, Michigan’s Department of Labor and Economic Opportunity (LEO) announced the state’s minimum wage rate will increase to $9.87 per hour ($3.75 for tipped employees) on Jan. 1, 2022.

Court Blocks Vaccine Mandate for Federal Contractors in Three States

The Preliminary Injunction Applies Only To Kentucky, Ohio And Tennessee On Nov. 30, 2021, a federal judge issued a preliminary injunction effectively blocking the implementation and enforcement of President Biden’s COVID 19 vaccine mandate for

Alerts for NovemberTop Of Page

Colorado Amends Minimum Wage, Overtime and Wage Payment Laws

New Rules Become Effective Jan. 1, 2022 On Nov. 10, 2021, Colorado adopted a series of regulations, including Colorado’s Overtime and Minimum Pay Standards (COMPS) Order 38, that update and strengthen wage protections for employees. Among other things, these rules

D.C. Passes COVID-19 Vaccination Leave, Extends Other COVID-19 Employee Leave

Washington, D.C., has enacted the COVID Vaccination Leave Emergency Amendment Act of 2021, providing paid time off for COVID-19 vaccinations and extending and updating unpaid leave for COVID-19-related purposes under the District of Columbia Family and Medical Leave Act.

DOL Announces Rule to Increase Federal Contractor Minimum Wage

Federal Contractors Will Need To Determine The Set Of Rules That Apply Based On Their Contract Date  On Nov. 22, 2021, The U.S. Department of Labor (DOL) announced a new rule that will increase the minimum wage rate for

HHS Increases Civil Penalties for Certain Group Health Plan Violations

Effective Nov. 15, 2021, the U.S. Department of Health and Human Services (HHS) has increased the following key penalties affecting group health plans:

DOL, NRLB and EEOC Announce Joint Initiative Against Workplace Retaliation

According To The Federal Agencies, Retaliation Claims Have Risen Each Year For The Last 20 Years On Nov. 10, 2021, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB) and the U.S. Equal Employment Opportunity Commission (EEOC)

Qualified Transportation Fringe Benefit Limits to Increase in 2022

The IRS has released Revenue Procedure 2021-45, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2022 taxable year, along with annually adjusted numbers for 2022 for a number of other tax provisions.

NY to Expand Paid Family Leave to Cover Siblings

On Nov. 1, 2021, New York state amended the definition of “family member” in the state’s paid family leave law to include siblings, effective Jan. 1, 2023.

New York COVID-19 Vaccine Leave Covers Booster Shots

The New York Department of Labor has issued guidance clarifying that the state law requiring paid employee leave for COVID-19 vaccination includes leave for booster shots.

IRS Releases 2022 Retirement Contribution Limits

The Internal Revenue Service (IRS) has released Notice 2021-61, which contains cost-of-living adjustments for 2022 that affect amounts employees can contribute to 401(k) plans and individual retirement accounts (IRAs).

COVID-19 Vaccination Required for Health Care Workers

Affected Health Care Facilities Must Ensure Their Staff Is Fully Vaccinated by Jan. 4, 2022 On Nov. 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an emergencyregulation requiring COVID 19 vaccination of eligible staff at health care

OSHA Releases Vaccination and Testing ETS

Affected Employers Must Develop, Implement And Enforce A Mandatory COVID 19 Vaccination Policy On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to address the grave danger of COVID 19 infection

DOL Issues New Model Employer CHIP Notice

The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Oct. 15, 2021.

New York Construction Contractors Liable for Subcontractor Wage Claims

The New Law Becomes Effective Jan. 4, 2022 The state of New York has adopted a new law (AB 3350) that holds construction contractors and subcontractors jointly and severally liable for wage claims brought against their subcontractors. The new law

Washington State Announces PFML Rates for 2022

Washington state’s paid family and medical leave (PFML) premium rate will increase in 2022. However, the employer-paid portion of that rate will be a smaller percentage of the overall contribution than in 2021. The maximum weekly PFML benefit will also increase in 2022.

Delaware Repeals Subminimum Wage Rate for Disabled Workers

Subminimum Wages for Employees With Disabilities Will Phase Out By Jan. 31, 2024 On Oct. 20, 2021, Delaware repealed a provision that enabled employers to pay wages below the state’s minimum wage rate to employees who are mentally or physically

Alerts for OctoberTop Of Page

Massachusetts Lowers PFML Contribution Rate for 2022

The Massachusetts paid family and medical leave contribution rate will be 0.68% of employee wages in 2022. This is a reduction of the 0.75% rate that applied in 2021, the first year benefits were available under the program.

DOL Clarifies Pay Requirements for Tipped Employees With Dual Jobs

The New Rule Becomes Effective Dec. 28, 2021 On Oct. 28, 2021, the U.S. Department of Labor (DOL) announced the publication of a new rule for tip regulations under the Fair Labor Standards Act (FLSA). The new rule clarifies that

California Announces 2022 Salary Level for Computer Software Employee Exemption

Salary Levels For The Computer Professional Exemption Are Updated Annually California’s Department of Industrial Relations (DILR) has announced that the salary level for the computer software employee exemption will increase to $50 per hour on Jan. 1, 2022. 

Washington Updates Salary Levels for Overtime Exemption

Salary Levels Depend On Employer Size and the State Minimum Wage Rate Washington’s Department of Labor and Industries has announced the 2022 updates for the state white collar overtime exemption salary levels. The new thresholds become effective Jan. 1, 2022. 

California Amends Notice and Reporting Requirements for COVID-19

New Requirements Became Effective Oct. 5 On Oct. 5, 2021, California approved Assembly Bill 654 (AB 654) to amend California’s Occupational Safety and Health Administration (Cal OSHA) COVID 19 notice and reporting regulations. The bill became effective upon adoption on

Massachusetts Announces 2022 PFML Benefit Rate

Massachusetts has announced an increase in the maximum state paid family and medical leave (PFML) benefit for 2022.

Alaska Announces 2022 Minimum Wage Rate

The State Rate Will Remain Unchanged for 2022 On Oct. 5, 2021, Alaska announced the state minimum wage rate will remain unchanged at $10.34 per hour for nonexempt employees for 2022.  State law requires that the Alaska Department

California Updates ABC Test Exemptions

The Amendments Become Effective Jan. 1, 2022 On Sept. 30, 2021, California updated its exceptions to the law that regulates independent contractor classification (AB 5). AB 5 requires a three part test, also known as the ABC test, to determine

District of Columbia Updates Paid Family Leave Benefit Rate

The District of Columbia has announced an increase in the maximum paid family leave benefit.

Montana Announces 2022 State Minimum Wage Rate

On Sept. 30, 2021, Montana announced a $9.20 minimum wage rate for nonexempt employees. The new rate becomes effective on Jan. 1, 2022. Employers should note that state law does not allow for a tip credit, meal credit or training

Delaware Repeals Training and Youth Minimum Wage Rates

The State's Training and Youth Wages Remain Effective Until Dec. 29, 2021 On Sept. 30, 2021, Delaware amended its wage and hour laws to repeal its training and youth minimum wage rates. The amendments become effective on Dec. 29, 2021. 

Proposal for Fiduciaries to Consider ESG Factors in Plan Management

On Oct. 13, 2021, the U.S. Department of Labor (DOL) proposed a rule that would allow plan fiduciaries to consider climate change and other environmental, social and governance (ESG) factors when they make investment decisions and exercise shareholder rights.

Florida New Hire Reporting Now Includes Independent Contractors

Reporting Requirement Applies to Contractors That Render At Least $600 In Services Effective Oct. 1, 2021,  a new law in Florida requires employers and service recipients to report to the State Directory of New Hires (the Directory) information

District of Columbia Expands Paid Employee Leave

The District of Columbia has amended its Universal Paid Leave Act (UPLA) and Family and Medical Leave Act (DCFMLA). The amendments took effect Oct. 1, 2021, via emergency legislation and expire Nov. 21, 2021. An identical, permanent law is under Congressional review.

Allegheny County, Pennsylvania, Passes Paid Sick Leave Ordinance

Employers in Allegheny County, Pennsylvania must provide employees with paid sick time under a new ordinance passed Sept. 14, 2021.

Clarifying Guidance on COBRA Deadline Extension Relief

IRS Notice 2021-58 clarifies the application of certain COBRA deadline extensions for electing COBRA coverage and paying COBRA premiums under prior relief that was issued as a result of the COVID-19 outbreak (“Emergency Relief”).

Ohio Minimum Wage to Increase in 2022

The New Rate Becomes Effective Jan. 1, 2022 On Jan. 1, 2022, Ohio’s minimum wage rate will increase to $9.30 per hour for nonexempt employees.  The state minimum wage in Ohio applies to employers that gross at least

Washington Announces 2022 Minimum Wage Rate

The New Rate Becomes Effective Jan. 1, 2022 Washington state has announced that its minimum wage rate will increase to $14.49 per hour on Jan. 1, 2022. Employers may continue to pay employees who are 14 or 15 years of

California Family Rights Act to Cover Care for Parents-in-Law

Effective Jan. 1, 2022, California employers subject to the California Family Rights Act must allow eligible employees to take leave under the act to care for a parent-in-law with a serious medical condition.

California Repeals Subminimum Wage Rates for Disabled Workers

A Multi year Plan Will Be Developed To Phase Out All Subminimum Wages For Employees With Disabilities By Jan. 1, 2025 On Sept. 27, 2021, California repealed a provision that enabled employers to pay wages below the state’s minimum wage

South Dakota Announces 2022 State Minimum Wage Rate

New Rates Become Effective Jan. 1, 2022 South Dakota has announced a $9.95 per hour minimum wage rate for nonexempt employees. The new minimum wage rate becomes effective Jan. 1, 2022.  State Minimum Wage Rate South

New York Announces Minimum Wage Rates for 2022

New Rates Become Effective On Dec. 31, 2021 On Sept. 22, 2021, the New York Department of Labor (NYDOL) announced the state’s two minimum wage rates will increase on Dec. 31, 2021.  The rate for Nassau, Suffolk and

Massachusetts Extends COVID-19 Paid Sick Leave Through April 1

Massachusetts has extended its COVID-19 emergency paid sick leave law through April 1, 2022, and added a new reason for the leave.

California Adopts Warehouse Distribution Center Quota Law

The New Law Becomes Effective Jan. 1, 2022 On Sept. 23, 2021, California adopted a new law that requires distribution centers to provide their employees with written quota descriptions upon hire. The law also prohibits quotas that would prevent compliance

Alerts for SeptemberTop Of Page

Maine Announces 2022 Minimum Wage Rate

State Minimum Wage Rate Affects the Service Rate and the Overtime Exemption Threshold On Sept. 23, 2021, Maine announced the state minimum wage rate will increase by 50 cents to $12.75 per hour for nonexempt employees. State law requires that

New York Announces Paid Family Leave Rates for 2022

New York state’s Department of Financial Services has released the 2022 paid family leave employee contribution rate for 2022. In addition, the 2022 maximum benefit amount is now available.

DOL Announces Final Rule on Tip Regulations

The New Rule Becomes Effective Nov. 23, 2021 On Sept. 23, the U.S. Department of Labor announced a final rule that will amend Fair Labor Standards Act (FLSA) regulations for tipped employees. The final rule is scheduled for publication in

Arizona Announces $12.80 Minimum Wage Rate for 2022

New Rates Become Effective On Jan. 1, 2022 Arizona has announced a $12.80 minimum wage rate for 2022. Arizona’s minimum wage rate is adjusted annually to reflect changes in the cost of living. The new rate becomes effective on Jan.

DOL Extends Rescission Date for Joint Employer Rule to Oct. 5, 2021

On Oct. 5, 2021 The 2020 Joint Employer Rule Will Be Removed In Its Entirety On July 29, 2021, the U.S. Department of Labor (DOL) announced that it is rescinding its 2020 Joint Employer Determination Rule (the Rule), effective Sept.

DOL Announces $11.25 Minimum Wage Rate for Federal Contractors

New Rates Will Apply To Federal Contractors on Jan. 1 and Jan. 30, 2022 On Sept. 15, 2021, the U.S. Department of Labor (DOL) announced a minimum wage rate of $11.25 per hour for federal contractors. Similarly, the minimum wage

OSHA to Mandate Vaccine and Testing Temporary Standard for COVID-19

New Requirements May Affect Employers With 100 Or More Employees On Sept. 9, 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) is developing an emergency temporary standard (ETS). The new ETS will require private sector employers

Illinois Domestic Violence Leave to Cover All Victims of Violence

Illinois has amended the state Victims' Economic Security and Safety Act to provide victims of violent crime the same employee rights to unpaid leave the Act provides to victims of domestic, sexual and gender violence.

Changes Proposed to Form 5500 to Implement SECURE Act Rules

On Sept. 14, 2021, federal agencies announced proposed revisions to the Form 5500 Annual Return/Report. These changes are designed primarily to implement the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) and to make other improvements.

IRS Issues Guidance for Reporting 2021 FFCRA Leave Wages

IRS Notice 2021-53, issued Sept. 7, 2021, provides guidance for employers on how to report qualified sick and family leave wages for employee leave taken in 2021 under the Families First Coronavirus Relief Act (FFCRA), as amended by the COVID-Related Tax Relief Act of 2020 and the American Rescue Plan Act of 2021.

Reminder: Medicare Part D Notices Are Due Before Oct. 15, 2021

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.

Alerts for AugustTop Of Page

Nevada Requires Employers to Display New Poster by Oct. 1, 2021

The New Poster Provides Employees With Notice of State Job Training and Employment Programs Nevada has amended its unemployment laws to require employers to display and maintain a new poster published by the state’s Department of Employment, Training and Rehabilitation

Minnesota Announces $10.33 per Hour Minimum Wage Rate

New Rates Become Effective Throughout the State Become Jan. 1, 2022 On Aug. 19, 2021, Minnesota’s Department of Labor and Industry announced the minimum wage rate in the state will increase for 2022. Starting on Jan. 1, 2022, large employers

COBRA Subsidy Expiration Notice Due by Sept. 15 (Sooner for Some)

The American Rescue Plan Act (ARPA) provides COBRA premium assistance to eligible individuals and imposes notice requirements on health plans, including a requirement to notify eligible individuals about when their premium assistance ends.

Pittsburgh Passes New COVID-19 Paid Employee Leave Requirement

Pittsburgh has enacted a new ordinance requiring paid employee leave for COVID-19-related reasons. The city’s previous COVID-19 paid leave law expired in June after the state’s disaster emergency ended.

Pennsylvania Supreme Court Rules Time Spent on Mandatory Security Screenings Is Compensable

The Court Reminded Employers That States Law Can Impose Higher Protections for Employees On July 21, 2021, Pennsylvania’s Supreme Court ruled in In re Amazon.com, Inc., that “time spent on an employer’s premises waiting to undergo, and undergoing, mandatory security

New Hampshire Adopts New Tipped Employee Wage Rate

The Base Rate For Tipped Employees Is No Longer Proportional to the State's Minimum Wage Rate On July 23, 2021, New Hampshire adopted a new base rate for tipped employees of $3.27 per hour. This new tipped employee base rate

North Carolina Amends Wage Payment Requirements

The Amendtments Affect Onboarding and Offboarding Employer Practices On July 8, 2021, North Carolina amended its labor laws to strengthen wage payment requirements. Specifically, the amendments affect the last wage payment upon separation of employment and employee wage notification requirements.

Oregon Delays Implementation of Paid Family and Medical Leave

The Oregon legislature has delayed the rollout of the state’s paid family and medical leave (PFML) program, originally scheduled for 2022.

DOL Rescinds 2020 Rule on FLSA Joint Employer Determinations

On July 29, 2021, the U.S. Department of Labor (DOL) announced that it is rescinding its 2020 Joint Employer Determination Rule (the 2020 Rule), effective Sept. 28, 2021. The DOL had previously proposed rescinding the rule in March 2021. 

Delaware Increases Minimum Wage Rate to $15 Per Hour

The State Minimum Wage Rate Will Increase Incrementally Over the Next Five Years Delaware has amended its minimum wage law to increase the state’s minimum wage rate to $15 per hour. The increase will be incremental over the next four

DOL Updates Model Employer CHIP Notice

The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of July 31, 2020.

Oregon Allows Sick Leave for Heat, Air Quality and Evacuations

The Oregon Bureau of Labor and Industries issued a temporary rule expanding the permissible uses of employee sick time under state law, stating that it was responding to recent wildfires, evacuation orders, dangerous air quality conditions and a deadly heat event in the state.

IRS: FFCRA Leave Credits Apply for COVID-19 Immunization of Others

The IRS has updated its frequently asked questions on employer tax credits for providing employee leave under the Families First Coronavirus Response Act (as amended and extended by the American Recovery Plan Act).

Maine Amends Direct Deposit and Service Employee Laws

Changes Become Effective Oct. 18, 2021 and Jan. 1, 2022 In June 2021, Maine adopted one law that prohibits charging employees direct deposit fees and another that sets new qualifications for the service (or tipped) employee minimum wage exemption.

IRS Updates Form 941, Employer’s Quarterly Federal Tax Return

The IRS has released the latest version of its Form 941, Employer’s Quarterly Tax Return, which must be filed each quarter by employers to report income taxes, Social Security tax or Medicare tax withheld from employees’ paychecks, and to pay the employer’s portion of Social Security or Medicare tax.

Alerts for JulyTop Of Page

Additional IRS Q&As on American Rescue Plan’s COBRA Subsidy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 JuneTop Of Page

Oregon Family Leave Broadened for Public Health Emergencies

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

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

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

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

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

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

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

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 MayTop Of Page

Rhode Island To Increase Minimum Wage Rate to $15 by 2025

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

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

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

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

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

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.

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