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HR Compliance Update | October 9, 2024
STATE/LOCAL UPDATES California: The deadline for the Governor to sign this year’s legislation was September 30. He vetoed some proposed new laws, such as regulation of AI in employment (but encouraged the legislature to make some changes and try again next year),...
HR Compliance Update | October 9, 2024
STATE/LOCAL UPDATES California: The deadline for the Governor to sign this year’s legislation was September 30. He vetoed some proposed new laws, such as regulation of AI in employment (but encouraged the legislature to make some changes and try again next year),...
TRENDING
Should You Be Tracking Unlimited Paid Time Off?
Almost 1 out of 10 companies offer unlimited paid time off (PTO). To successfully offer this policy, your company must learn how to manage and track it. With proper tracking, you can ensure that you’re meeting your compliance requirements and that workers get an...
“At-Will” Statement vs. National Labor Relations Act
In the news recently, there has been mention of the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB). The NLRA is a federal act, otherwise known as the Wagner Act. The NLRA was enacted in 1935 “to diminish the causes of labor...
EEO-1 Report Filing Deadline
By September 30, 2012, private employers with more than 100 employees and federal contractors (with 50 or more employees and a contract of at least $50,000) are required to file an EEO-1 Report with the Equal Employment Opportunity Commission (EEOC). The EEO-1 Report...
Summary of Benefits Coverage Requirement
Starting September 23, 2012, insurance companies must provide a Summary of Benefits Coverage (SBC) form to individual policy holders and to their insured employer plans. Employer plans (self-funded and insured) must provide a SBC for open enrollment periods on or...
Form I-9 to Expire Aug. 31, 2012
The current Employment Eligibility Verification Form, commonly referred to as Form I-9, expires Aug. 31, 2012. Once it expires, what should employers do?All U.S. employers must complete and retain a Form I-9 for all citizens and noncitizens they hire for employment in...
Form 5500 Record Keeping Requirements
Under the Department of Labor's (DOL) electronic filing regulations, plan administrators are required to keep a paper copy of the filed Form 5500 report, including schedules and attachments, in the plan's records. The DOL stated a paper copy of the electronic filing...
Employee Retirement Income Security Act (ERISA) Service Provider Fee Disclosures
Effective July 1, 2012, the final service provider fee disclosure regulations under ERISA Section 408(b)(2) must be met. These ERISA regulations are for both existing and new service arrangements. Under these regulations, Registered Investment Advisers (RIAs) and...
Proposed Federal Minimum Wage Increase
On June 6, 2012, Republican Jesse Jackson introduced the Catching Up to 1968 Act of 2012, a bill to raise the federal Fair Labor Standards Act (FLSA) minimum wage from $7.25 per hour to $10.00 per hour (beginning 60 days after enactment). The Bill also proposes that...
U.S. Supreme Court Rejects Overtime Claims
U.S. Supreme Court Rejects Overtime Claims in FLSA RulingBy Allen Smith 06/18/12Rejecting the U.S. Department of Labor’s interpretation of Fair Labor Standards Act (FLSA) regulations, the U.S. Supreme Court on June 18, 2012, ruled 5-4 in Christopher v. SmithKline...
OSHA Annual Summary Posting Deadline
By February 1, 2012, an employer subject to the Occupational Safety and Health Administration (OSHA) recordkeeping provisions for 300 logs regarding workplace injuries and illnesses must post its 2011 annual summary (Form 300A).
Social Security and Medicare Tax for 2012
The employer tax rate for social security remains unchanged at 6.2%. On wages paid and tips received before March 1, 2012, the employee tax rate for social security is 4.2%. On wages paid and tips received after February 29, 2012, the employee tax rate for social...
Senate Vote to Extend Immigration Programs
The Senate approved a bill (S. 3245) that would extend four key immigration programs that are set to expire on September 30, 2012 with a new expiration date of September 30, 2015. The bill authorizes a three-year extension for the E-Verify program, the EB-5 Regional...
Annual Benefit Limits Waiver Deadline
The Centers for Medicare & Medicaid Services (CMS) issued guidance for health care plans seeking to renew waivers on annual benefits. For plan years starting between September 23, 2010 and September 22, 2011, plans could not limit annual coverage of essential...
Expiration Date of Current Form I-9
On August 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) released a bulletin regarding the expiration date of Form I-9. The bulletin stated: “Until further notice, employers should continue using the Form I-9 currently available. This form should...
The NLRB’s Social Media Policy Memorandum
On May 30, 2012, the National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon issued a memorandum regarding social media policies in the workplace. The General Counsel's memorandum is applicable to both unionized and non-unionized work...
New Deportation Rule
On June 15, 2012, President Obama announced an Executive Order that allows some undocumented youths to avoid deportation and receive work permits to remain in the United States (U.S.). Students in the U.S. who are in deportation proceedings or those who would have...
Employment Nondiscrimination Act
On June 12, 2012 the Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing to discuss the merits of the bipartisan Employment Non-Discrimination Act (ENDA). ENDA would create comprehensive employment based anti-discrimination protections for...
Supreme Court Upholds Individual Health Insurance Mandate
The U.S. Supreme Court announced its much-anticipated decision on the Obama administration’s health care reform law on June 28, 2012, ruling 5-4 that the controversial individual mandate, which requires virtually all Americans to buy health insurance, is...
EEOC Guide to Arrests and Convictions in Employment Decisions
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42...
OFCCP Proposal to Improve Job Opportunities for Individuals with Disabilities
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is proposing a new rule that would require federal contractors and subcontractors to set specific hiring goals regarding employees with disabilities, including a goal for federal...
NEP on Recordkeeping
As a reminder, the Occupational Safety and Health Administration (OSHA) launched its “National Emphasis Program (NEP) on Recordkeeping” last year after various studies revealed that many companies were underreporting or incorrectly reporting workplace-related injuries...
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