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Category: Federal Law Updates

No Tax on Overtime: What Employers Need to Know About the Proposed Tax Break

Last Updated on March 4, 2025 The “No Tax on Overtime” proposal by President Donald Trump has recently gained attention as part of broader fiscal discussions in the United States. This initiative aims to exempt overtime earnings from federal income taxation, potentially allowing employees to retain more of their additional work income. As this proposal […]

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Navigating the 2024 Overtime Ruling

Last Updated on November 17, 2024 As of July 1, 2024, the Department of Labor (DOL) enacted a significant change in overtime regulations, impacting businesses across various sectors. This blog post aims to dissect the overtime ruling, explore the legal challenges it faces and provide actionable insights for businesses to ensure compliance and operational readiness.  […]

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Overtime Changes: Impacts and Insights

The Department of Labor published its updated federal overtime rule on April 23, 2024 that expands the number of employees eligible for overtime but includes a “white collar” exemption. Learn about updates to the law as well as how it may affect your business.

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How Bonuses Affect Overtime Under the FLSA

Last Updated on April 13, 2024 The Fair Labor Standards Act (FLSA) is a cornerstone of labor law in the United States, ensuring that most employees receive at least the federal minimum wage for all hours worked and appropriate overtime compensation. This article discusses how bonuses affect overtime for non-exempt employees, providing essential insights for […]

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NLRB Joint-Employer Rule Struck Down

Last Updated on July 23, 2024 Update: On July 12, 2024, the National Labor Relations Board (NLRB) made the decision to abandon the 2023 Joint Employer rule, following a federal district court’s decision. The NLRB filed a motion with the U.S. Court of Appeals for the Fifth Circuit, seeking dismissal of its challenge. While the NLRB still finds this […]

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Employee or Independent Contractor Classification Under the FLSA Final Rule

Last Updated on January 21, 2024 New Department of Labor Rule Redefines Independent Contractor Classification, Shifting from 2021 Independent Contractor Guidelines In a significant development for employers and workers across the United States, the Department of Labor (DOL) has introduced a new rule, effective March 11, 2024, to redefine the criteria for independent contractor classification […]

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Understanding FMLA: A Comprehensive Guide for Employers

Last Updated on January 10, 2025 The Family and Medical Leave Act of 1993 (FMLA) is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. This federal law requires covered employers to provide employees with job-protected and unpaid leave (generally […]

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New NLRB Rule Redefines a Joint Employer

Last Updated on July 23, 2024 Update: On July 12, 2024, the National Labor Relations Board (NLRB) made the decision to abandon the 2023 Joint Employer rule, following a federal district court’s decision. The NLRB filed a motion with the U.S. Court of Appeals for the Fifth Circuit, seeking dismissal of its challenge. While the […]

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New NLRB Standard For Handbooks Created By Stericycle Ruling

Last Updated on August 14, 2023 The recent landmark ruling by the National Labor Relations Board (NLRB) on August 2, 2023 in the Stericycle case sets a new standard for employers’ handbooks and policies, requiring many to be reviewed and potentially revised. This momentous decision will impact countless workplace rules and applies to the vast […]

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Employee Handbooks vs. Policies

Last Updated on August 20, 2024 What Is The Difference Between Employee Handbooks And Policies And Procedures Manuals? An employee handbook is written with employees as the intended audience. It is most often written using a straightforward layout for easy referencing of company policies and procedures and is a vehicle for familiarizing employees with basic […]

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Employers Prepare for End of COVID-19 Emergency Status

As employers have anticipated the May 2023 end of the two federal COVID-19 emergency orders, they have some important new clarity on test and vaccine coverage and on how to unwind COVID-19–era extended deadlines, including for COBRA continuing healthcare coverage elections.

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Department of Labor Guidance on Telework and FMLA

Last Updated on January 16, 2024 DOL Eligibility Rules Under FMLA When Employees Telework The U.S. Department of Labor (DOL) has published a Field Assistance Bulletin (FAB) that includes guidance on how to apply eligibility rules under the Family and Medical Leave Act (FMLA) when employees telework or work away from an employer’s facility. FABs […]

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Tips for Training Managers on FMLA Compliance 

Last Updated on January 16, 2024 What is the Family and Medical Leave Act (FMLA)? The Family and Medical Leave Act (FMLA) is a federal law providing eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. FMLA compliance is crucial for employers to avoid significant penalties. In general, eligible […]

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Continue Using Current Form I-9 Until Further Notice

On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) published instructions for employers to continue using the Employment EligibilityVerification form (Form I-9) when hiring new employees until a new version of the form is published.

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2023 To Bring Higher Minimum Wages

Minimum wages in seven states will rise in January 2023 based on the 8.3 percent increase in inflation over the past year, as reported Sept. 13 by the U.S. Bureau of Labor Statistics.

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Form I-9: Don’t Make These Mistakes

Last Updated on September 7, 2023 Common Form I-9 Mistakes to Avoid Despite employers’ best efforts, complying with Form I-9 requirements can be difficult. Unfortunately, many employers leave their organizations’ Form I-9 operations to untrained staff or fail to dedicate sufficient time and resources to the process, resulting in numerous errors and untimely completion of […]

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Are HR Compliance Requirements Increasing For Your Business? Work Smarter.

Last Updated on August 28, 2022 According to Ernst & Young’s Global Payroll Survey, keeping up with regulatory compliance changes was identified as the second-highest compliance challenge. But as your business grows, those compliance concerns you have today don’t go away — most often, they will multiply. Some of the biggest areas employers lose sight of as […]

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A Checklist for Completing Form 1-9

Last Updated on August 21, 2022 Download This Form I-9 Checklist Federal law requires employers to hire only individuals who may legally work in the United States—either U.S. citizens or authorized foreign nationals. To comply with the law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining […]

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DHS Proposes Permanent Rule Allowing Remote Verification of Form I-9 Documents

Last Updated on October 15, 2023 The Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement have recently proposed a permanent rule to allow employers to remotely review the Employment Eligibility Verification form (Form I-9) identity and employment authorization documents when hiring, reverifying or rehiring employees. (Note on July 23, 2023, DHS revised the […]

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Know The Difference Between The Multi-jurisdictional (MJD) And Other Searches?

Last Updated on August 12, 2023 Do I Really Need To Pay For A County Or State-level Criminal Search? Though a multi-jurisdictional search (MJD) sounds impressive, it is not as thorough as it seems. This search is often represented as being a comprehensive search.  The fact is, the multi-jurisdictional database search does have limitations, the […]

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ACA Pay or Play Affordability Percentage Decreased for 2023

Last Updated on August 3, 2022 On Aug. 1, 2022, the IRS issued Revenue Procedure (Rev. Proc.) 2022-34 to index the contribution percentages in 2023 for determining the affordability of an employer’s plan under the Affordable Care Act (ACA). For plan years beginning in 2023, employer-sponsored coverage will be considered affordable if the employee’s required contribution for […]

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DHS Proposed Rule Would Amend Section 1557 Sex Discrimination Regulations

Last Updated on July 27, 2022 On July 25, 2022, the Department of Health and Human Services (HHS) issued a proposed rule that would revise existing regulations for the Section 1557 nondiscrimination protections under the Affordable Care Act (ACA). The proposed rule is intended to solidify protections against discrimination on the basis of sex, including sexual orientation […]

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Things to Know When Hiring In Other States

Last Updated on November 3, 2023 Hiring Across State Lines Means Multi-State Compliance These days as an employer, hiring looks different. The world is your oyster, meaning the recruitment pool is nationwide. We are no longer limited by location to find the talent that can help our business to become more successful. However, hiring in […]

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New Updates To EEOC Covid Workplace Policies

Last Updated on July 18, 2022 As of July 12, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers on COVID-19 testing and vaccine in the workplace. Employers now need to show that mandatory COVID-19 testing of employees is job-related and consistent with business necessity, as defined by the ADA. In determining […]

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COBRA Lawsuits Have Increased – Reach Out For COBRA Assistance!

Employers are seeing an increase in lawsuits from former employees alleging deficient Consolidated Omnibus Budget Reconciliation Act (COBRA) election notices. These lawsuits are generally class actions and can result in significant attorneys’ fee awards for successful ex-employees. Strategies to eliminate this problem can be found here.

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Form 5500 Deadline Approaching!

Last Updated on June 18, 2025 If your business offers retirement or health benefits, Form 5500 filing is a critical part of staying compliant with federal regulations. The Form 5500 series is used to report important information about benefit plans and must be filed annually. Learn More About Form 5500 Filing HERE. Form 5500 Is […]

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Virtual 1-9 Employment Verification Possible

Last Updated on July 6, 2022 DHS to Propose Permanent Remote Form I-9 Verification Rule The Department of Homeland Security (DHS) recently announced it plans to issue a proposed rule that would allow employers to verify employee identity and employment eligibility documentation virtually “in certain circumstances or with respect to certain employers” when completing Form […]

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Proposed Overtime Rule Expected in October 2022

Last Updated on June 29, 2022 In its recent spring regulatory agenda, the U.S. Department of Labor (DOL) announced its plans to issue a proposed overtime rule in October 2022. According to the agency’s regulatory agenda, this proposed rule is expected to address how to implement the exemption of executive, administrative and professional employees from […]

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DOL Issues Guidance on FMLA and Mental Health Conditions

Last Updated on January 16, 2024 The Wage and Hour Division of the U.S. Department of Labor (DOL) has released new resources on workers’ rights to leave under the federal Family and Medical Leave Act (FMLA) for mental health conditions. In a press release, the DOL said the publication of the new guidance was in […]

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Claim Your Employer WOTC Federal Tax Credit

The Work Opportunity Tax Credit (WOTC) is a federal tax credit available to employers who hire members of certain targeted groups. Previously scheduled to sunset at the end of 2020, the Taxpayer Certainty and Disaster Tax Relief Act of 2020 extends the Work Opportunity Tax Credit through the end of 2025.

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Podcast: Discussing Senior Living Industry Background Checks In Depth.

Last Updated on June 14, 2022 In this episode, we talk about background screening in the Senior Living industry. Chris and Kim talk with our guest Suzy Hansmann, Sr. Vice President of Human Resources at Grace Management, Inc. about the importance of using the right process for background checks in the Senior Living industry.

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New Actions Announced to Address Pay Equity

An executive order was announced to be signed by President Joe Biden intended to promote pay equity and transparency for the federal workforce and employees of federal contractors. In addition, the Department of Labor (DOL) issued a new directive clarifying federal contractors’ annual obligation to audit their compensation practices to ensure pay equity. 

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More Answers to Updated IRS Tax Credit FAQs

Last Updated on March 9, 2022 The ARPA suspended the requirement that taxpayers repay any excess advance payments of the premium tax credit for 2020. Highlights of this article: The IRS’ fact sheet addresses FAQs regarding filing individual tax returns that include premium tax credit issues. The FAQs detail how receiving unemployment compensation in 2020 […]

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Updated FAQs From IRS For Tax Credits Under FFCRA

Last Updated on March 7, 2022 The Internal Revenue Service updated its frequently asked questions (FAQs) on tax credits for paid leave under the Families First Coronavirus Response Act (FFCRA) for leave prior to April 1, 2021. Initially, the FFCRA qualified covered employers for dollar-to-dollar tax credits for amounts paid to employees who took leave for qualifying […]

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ALERT: March 2022 ACA Deadlines Are Here!

Last Updated on March 1, 2022 The landmark health care reform legislation enacted in March 2010 was designed to expand the availability of health insurance, reform the regulation of health coverage and restructure its delivery.  A key component—and a key cause of confusion—within the ACA is the employer mandate, which requires employers with 50 or […]

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COBRA Confusion Continues to Challenge Employers

COBRA rules have changed over the past two years in order to recognize the complications accompanying the COVID-19 pandemic. The resulting confusion can result in penalties, medical claims, litigation, and class-action lawsuits.

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Updated: OSHA Vaccination and Testing ETS Effective Date Requirements

Details on the Osha vaccination date requirements can be found here. On Jan. 7, 2022, the U.S. Supreme Court heard an oral argument concerning the validity of the ETS. However, the OSHA vaccine and testing ETS is currently in place and enforceable. As a result, employers are expected to comply with the effective dates of  Jan. 10 and Feb. 9, 2022.

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Common Questions About COVID-19 and the ADA

Last Updated on October 26, 2022 Businesses Should Become Familiar With These Common Questions About COVID-19 and the ADA On Jan. 6, 2022, the Department of Justice (DOJ) issued answers to frequently asked questions (FAQs) about how the Americans with Disabilities Act (ADA) applies to businesses and other entities under certain circumstances related to the […]

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Resolution To Repeal Vaccine Mandate Gets Passed By Senate

On Dec. 8, 2021, the Senate voted on and passed a resolution to repeal President Biden’s vaccine mandate for private employers. The resolution passed with a simple majority vote of 52 to 48. The resolution aims to overturn the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) that requires private employers of 100 or more employees to implement a vaccine or weekly testing policy.

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New Court Decision Blocks Vaccine Mandate for Federal Contractors Nationwide!

Last Updated on December 8, 2021 On Dec. 7, 2021, a Georgia federal judge blocked the federal contractors mandate nationwide. This new order comes right after a Kentucky federal judge issued a preliminary injunction effectively blocking the implementation and enforcement of President Biden’s COVID-19 vaccine mandate for federal government contractors and subcontractors for Kentucky, Tennessee […]

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Final 2021 Forms For ACA Reporting Released

Last Updated on November 15, 2021 The Internal Revenue Service (IRS) released final 2021 forms for reporting under Internal Revenue Code (Code) Sections 6055 and 6056. 2021 Forms 1094-B and 1095-B are the forms that will be used by providers of minimum essential coverage (MEC), including self-insured plan sponsors that are not applicable large employers (ALEs), to report under […]

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Update: The Court Speaks, Maintains Block on Biden Vaccine Mandate

Last Updated on November 15, 2021 The Latest Update Confirms That President Biden’s ETS Will Remain Blocked On Friday, November 12, 2021, the 5th Circuit Court of Appeals blocked President Joe Biden’s coronavirus vaccine mandate in a ruling. The three-judge panel for the Fifth Circuit Court of Appeals in New Orleans affirmed its initial stay […]

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Attraction and Retention Amid President Biden’s Vaccine Mandates  

President Biden recently directed the Occupational Safety and Health Administration (OSHA) to draft a new emergency rule requiring businesses with 100 or more employees to ensure workers are either fully vaccinated or tested for COVID-19 weekly. Read an overview of the impending rule, talent market implications, and employer considerations for employee attraction and retention.      

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2021 ACA Violations & Penalties For Employers

Last Updated on January 13, 2022 Failing to comply with the ACA’s requirements can cause severe consequences for an employer. This ACA Overview (PDF) summarizes the penalties and excise taxes that may be triggered by an ACA violation. Click the document below to enlarge and print.

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2022 ACA Compliance Overview

The Affordable Care Act (ACA) has made a number of significant changes to group health plans since the law was enacted in 2010. Since then, several changes have been made to various ACA requirements that employers and plan sponsors should be aware of. It is important for employers to periodically review their benefit plans in order to maintain compliance with these various requirements.

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Cal/OSHA Amends Notice and Reporting Requirements for COVID-19

Last Updated on October 21, 2021 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 Oct. 5, 2021. The bill requires employers to give notice of COVID-19 outbreaks to:  Qualifying individuals or employees exposed to […]

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Federal Employers Receive Deadline Of November 22 To Be Vaccinated

Last Updated on October 21, 2021 Breaking Down The November 22 Deadline By Vaccination October 15, 2021 – President Joe Biden announced, on Sept. 9, that OSHA would issue an ETS requiring covered businesses to mandate that their workers be vaccinated against the coronavirus or undergo weekly testing. Covered employers will also have to give […]

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Signs That OSHA ETS, Vaccination Mandate Is Moving Forward

Last Updated on October 21, 2021 As OSHA Submits Draft of COVID-19 Vaccine Mandate ETS As Next Step Recently, the Occupational Safety and Health Administration (OSHA) announced that it submitted a draft of its emergency temporary standard (ETS) for private employers requiring mandatory COVID-19 testing or vaccination to the Office of Management and Budget (OMB). […]

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Update On The Extension To Employee Retention Tax Credit (ERTC)

Last Updated on September 30, 2021 New Guidance on Claiming the Employee Retention Credit Although the Employee Retention Tax Credit (ERTC) is expiring at the end of 2021, there’s still time for eligible businesses to claim the credit, if they haven’t already. The ERTC, also referred to as the Employee Retention Credit (ERC), was created by […]

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At-A-Glance Guidance For Employers In Preparation For Biden Vaccine Mandate

Last Updated on January 13, 2022 President Joe Biden’s latest COVID-19 vaccination and testing mandate is one of the federal government’s most aggressive efforts yet. What’s more, we know it will directly impact many private sector workforces as well as federal employees and contractors. For more on the OSHA Emergency Temporary Standard (ETS) being proposed […]

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Podcast: OSHA Vaccination ETS & Important Guidance For Employers

Last Updated on September 20, 2021 Steps For Employers To Reduce Risk Prior To The OSHA Vaccination & Testing Mandate 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 with 100 or more employees to […]

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OSHA Developing Private Sector Emergency Temporary Standard for COVID-19

Last Updated on September 29, 2021 Important Information OSHA’s ETS for employers with 100 or more employees will be required to: Ensure their employees are fully vaccinated; or require workers who remain unvaccinated to produce a negative test result weekly before coming to work. On Sept. 9, 2021, President Biden announced that the Occupational Safety and Health […]

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Early Is The New On-Time For ACA Reporting Preparation

Last Updated on September 8, 2021 It’s not too late to prepare for ACA filing and These Resources Can Help You Prepare for 2022 ACA Reporting. 2021 Affordable Care Act (ACA) Reporting is Due in Early 2022 The IRS has released draft 2021 versions of Forms 1094-C, 1095-C, 1094-B and 1095-B that employers will use in early 2022 to report under […]

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EEO-1 Deadline Extended Again To October 25, 2021

Last Updated on August 31, 2021 Employers now have even more extra time to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced on Aug. 18, 2021. The 2019 and 2020 EEO-1 reports were previously due These reports were previously due by Aug. 23, 2021, which […]

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Employers Deal With “Long-Haul Covid” And How It Affects The Workplace

We’re nearing the end of 2021 and we are beginning to see further effects of COVID-19 in those who have had the virus previously. As people begin to get back to work, we see that some have been affected by the COVID-19 virus with continuing symptoms. The CDC has begun to refer to this condition as having “long-haul covid.” As COVID “long-haulers” re-enter the workplace they may qualify for ADA accommodations.

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Receive A Tax Break During The Post- Pandemic Hiring Frenzy

Last Updated on August 10, 2021 Here’s how you could receive a tax break for hiring unemployed individuals. The Work Opportunity Tax Credit (WOTC) is a federal tax credit for hiring applicants from certain target groups who face significant barriers to employment—including individuals unemployed for 27 weeks or longer. With 9.5 million unemployed Americans in […]

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PCORI Fees Now Due August 2, 2021 Instead of July 31.

Last Updated on July 20, 2021 This alert is of interest to all employers that sponsor self-insured group health plans, including Health Reimbursement Arrangements (HRAs).  Employers that sponsor self-insured group health plans, including health reimbursement arrangements (HRAs) should keep in mind the upcoming July 31, 2021 deadline for paying fees that fund the Patient-Centered Outcomes […]

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Small Businesses Should Understand Form 5500

Last Updated on June 28, 2021 Understanding Form 5500 is important to businesses with retirement plans. Among the many fiduciary responsibilities that must be reported on the Form 5500, plan sponsors must deposit employees’ salary or wage deferrals into their accounts as soon as administratively feasible, but no later than the 15th business day of the […]

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​Hiring After COVID-19 Shutdown Still Remains A Challenge

Last Updated on June 2, 2021 The Status Of Unemployment Benefits Is Changing The Hiring Forecast There continues to be an increase in the number of states planning to end enhanced unemployment benefits, which were made available due to the pandemic. So where does this all stand? We hope to shed some light on the […]

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More IRS Guidance on American Rescue Plan’s COBRA Subsidy

Last Updated on May 24, 2021 On May 18, 2021, the IRS issued Notice 2021-31, a guidance document on the American Rescue Plan Act (ARPA) subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The Notice discusses the background of the subsidy and includes 86 questions and answers (Q&As) […]

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Mental Health Awareness Month of May

Last Updated on May 5, 2021 May is Mental Health Awareness month and a good month to reflect on the needs of our employees from a mental standpoint. The past year has been hard on us in many ways, but it is important to acknowledge the challenge that the COVID-19 pandemic has posed on us […]

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Update: DOL Model Notices

Last Updated on April 13, 2021 DOL Issues Model Notices, FAQs for COBRA Subsidy in the ARPA On April 7, 2021, the U.S. Department of Labor (DOL) issued FAQs and model notices for the COBRA premium assistance provisions of the American Rescue Plan Act (ARPA). The ARPA provides a 100% subsidy for employer-sponsored group health […]

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California Labor Law Poster Changes

Last Updated on August 22, 2022 Update Your California and Federal Workplace Labor Law Posters New Labor Law Poster Changes FFCRA Paid Time Off Law: Covered Employees in the public or private sector who work for employers with more than 25 employees are entitled to up to 80 hours of COVID-19 related sick leave from […]

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EEOC Announces 2021 EEO-1 Reporting

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. The agency also announced that the deadline for submitting 2019 and 2020 EEO-1 data is July 19, 2021. This data collection was previously delayed due to the coronavirus pandemic.

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Congress Passes Extention of the PPP

Last Updated on March 30, 2021 PPP Extension moves beyond March 31. Congress has passed the PPP Extension Act of 2021, a 60-day extension of the U.S. Small Business Administration’s (SBA) Payment Protection Program (PPP), which was set to expire on March 31. The bill will be sent to President Joe Biden shortly, who is […]

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The ARPA Act Affects COBRA Subsidy Provisions

The American Rescue Plan Act (ARPA), signed into law March 11, 2021, provides a 100% subsidy of premiums for employer-sponsored group health insurance continued under the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) and similar state continuation of coverage (mini-COBRA) programs.

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The American Rescue Plan

The $1.9 trillion relief bill, known as the American Rescue Plan, has passed Congress and has been signed by President Biden. Highlights of the bill include extended unemployment benefits, direct checks to individuals and more.

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House Passes $1.9 Trillion COVID-19 Economic Relief Bill

Last Updated on March 2, 2021 (Updated information will continue to be provided as details are made public.) The House of Representatives has passed its version of President Joe Biden’s proposed stimulus bill, which includes extended unemployment benefits, direct checks to individuals and more. The bill is now with the Senate, where some provisions will […]

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Biden Alters PPP To Benefit Smaller Busineses

The Biden administration recently announced a 14-day period of the U.S. Small Business Administration’s (SBA) Payment Protection Program (PPP) when only businesses with fewer than 20 employees can apply for relief.

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SBA’s PPP Fully Opens for Second Round of Loans

Last Updated on January 20, 2021 The U.S. Department of Treasury and the U.S. Small Business Administration (SBA) recently announced updates to eligibility for Payment Protection Program (PPP) loan applications, allowing borrowers to apply through larger lenders. Beginning Tuesday, Jan. 19, the portal will open for borrowers to apply for both first (known as First […]

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Infographic: Comparing The COVID-19 Stimulus Plans

Last Updated on January 6, 2021 On Monday, Dec. 21, 2020, Congress passed an emergency stimulus package designed to deliver approximately $900 billion in COVID-19-related aid. On Sunday, Dec. 27, 2020, President Donald Trump signed the bill into law. The bill was part of a $1.4 trillion spending package that will keep the government open […]

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