Preparing For A Season of Summer and Volunteer Staff

Don’t cut corners and skip employee background screening for seasonal and summer employees, even if you need to urgently fill a position.

Employee Handbooks vs. Policies

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 company policies and benefit programs, as […]

Gen Z Is Making Noise In The Workplace

A Younger Generation Brings Challenges In Engagement Managers and HR professionals have probably heard of the engagement issues alleged to have infected Millennials and Generation Z in the workplace, as manifested in terms like “quiet quitting.” Of course, workers in any age group can and certainly do engage in quiet quitting and other symptoms of […]

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.

Are You a ‘Covered Employer’ Under the FMLA?

It’s important to note that FMLA obligations don’t kick in unless an employer qualifies as a “covered employer” under the statute.

Sometimes, determining whether an employer is covered can get a little tricky. The questions abound: How many employees must be retained? For how long? What if we straddle the minimum number over the course of time? What about part-time employees? Those on leave? And the list goes on.

Pay Transparency Expectations for Your Company

Employers Continue to Prepare for Pay Transparency As the number of places that require pay transparency rises, it’s clear that the trend of pay transparency is not going away. Just because the state you’re operating in doesn’t yet require disclosing salary or pay equity information, it’s advised that you don’t wait until it does. It’s […]

Department of Labor Guidance on Telework and FMLA

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 provide guidance to DOL Wage and […]

Podcast: Explaining Pay Transparency Laws – What Employers Should Know

Chris Cooley and HR expert Emily Frederick discuss pay transparency laws including what some states are requiring and how employers can prepare for pay transparency compliance.  Timestamps:  1:24  What does pay transparency mean for an employer?  1:45  What is the goal of pay transparency? 2:12  Why is it important to address pay inequity from an […]

Podcast: The Dirty Details of ACA Reporting – Your Questions Answered

In this podcast episode, Chris Cooley talks in detail about ACA reporting, including common misconceptions, affordability details, and penalties.

Tips for Training Managers on FMLA Compliance 

How Recognize and Address Leave Requests Under the Family Medical Leave Act What is the Family and Medical Leave Act? 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. In general, eligible employees may take up to […]

Employer Information About Pay Transparency

Pay transparency is when an employer openly communicates pay-related information through established practices to current or prospective employees. Employers can provide this information through various channels, such as online job sites, job postings or during an interview. As a result of changing labor markets, more and more employees are demanding pay transparency. Further, some jurisdictions […]

DOL Proposes New Independent Contractor Classification Rule

The U.S. Department of Labor (DOL) announced a proposed rule to rescind and replace its 2021 independent contractor classification rule under the Fair Labor Standards Act (FLSA).

Employers Must Show Pay Transparency In California Beginning 2023

California’s new pay transparency law requires employers with 15 or more employees to disclose pay scale information in all job postings and to current employees upon request. This law will cover approximately 200,000 employers, according to Bloomberg Law.

Helpful Reminders For 2023 Compliance

Read our checklist of important human resources compliance items to consider before the end of 2022

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.

Is Long Covid-19 Still Affecting The Workplace?

Long COVID-19 Is Keeping Up to 4 Million Workers Out of Labor Market Long COVID-19—long-term effects stemming from COVID-19 infection—continues to impact the labor market and the health of employees. The U.S. Census Bureau’s June to July 2022 Household Pulse Survey found that 16.3 million working-age Americans currently have long COVID. It has been reported […]

Form I-9: Don’t Make These Mistakes

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 Form I-9 tasks. Even small errors […]

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

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 they grow include compliance with benefits […]

A Checklist for Completing Form 1-9

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 the Employment Eligibility Verification form (Form […]

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

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. In light of technological advances and new work arrangements—like remote work—the DHS is exploring […]

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

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 most important of which is incomplete data (not all […]

ACA Pay or Play Affordability Percentage Decreased for 2023

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 self-only coverage does not exceed: 9.12% […]

How Employers Can Build Strength With DEI Initiatives In The Workplace.

Diversity, Equity And Inclusion Are “Buzzing” Around The Workplace. Diversity, equity and inclusion (DEI) is a lot more than the newest buzzword in HR. It’s a critical element to success these days. Calls for diverse and inclusive workplaces are now becoming more common in many organizations due to major social changes. According to a 2019 […]

DHS Proposed Rule Would Amend Section 1557 Sex Discrimination Regulations

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 and gender identity. About the ACA […]

Early Preparation Is Crucial For 2023 Open Enrollment

Early open enrollment prep can be an opportunity for retention by putting employee needs first. The job market is still dealing with the after-effects of the COVID-19 pandemic. Workers are taking stock of their circumstances and considering which employment perks matter the most. Specifically, employees are increasingly more concerned about their physical and mental health, […]

Things to Know When Hiring In Other States

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 a post-pandemic world has many pros […]

New Updates To EEOC Covid Workplace Policies

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 whether a mandatory testing measure meets […]

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.

Form 5500 Deadline Coming Up In August!

Form 5500 Is Due By Aug. 1, 2022 For Calendar Year Plans. The U.S. Department of Labor’s Employee Benefits Security Administration, the IRS and the Pension Benefit Guaranty Corp. previously announced changes to the Form 5500 Annual Return/Report of Employee Benefit Plan and Form 5500-SF Short Form Annual Return/Report of Employee Benefit Plan, and related instructions, […]

Virtual 1-9 Employment Verification Possible

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 I-9 verification requirements. Virtual verification may […]

Retain And Attract Talent By Providing A Culture Of Learning

Every business and HR pro knows that the competition for top talent is tough. We’ve discovered a strategy that helps the whole employee, mentally and also professionally. We’ve discovered something that will make employees really want to stay long-term. People want to work for companies that are invested in their growth and development as human […]

Proposed Overtime Rule Expected in October 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 the Fair Labor Standards Act’s (FLSA) […]

Post-Covid Long-term Effects Puts A Spotlight On Employee Wellness

While we recognize that COVID case numbers are down, researchers are just now to find out what COVID’s long-term mental health effects will be.  Though this is information that will continue to change within our working landscape, employee well-being is more important than ever and we can address some areas right now in the workplace. The following […]

You Can’t Depend ONLY On FBI Fingerprint Checks For Employee Screening

FBI Fingerprints Aren’t As Accurate As You Think Many industries like healthcare, childcare, finance, and other safety-sensitive positions are required by law to do a fingerprint-based background check. However, you should not ONLY rely on fingerprint background checks. This can give employers a false sense of security because the bulk of the information can often […]

ACA Sets Due Date Of Aug 1,2022 For PCORI Fees

PCORI Fees Due Aug. 1, 2022 The Affordable Care Act (ACA) requires health insurance issuers and self-insured plan sponsors to pay Patient-Centered Outcomes Research Institute fees (PCORI fees). The fees are reported and paid annually using IRS Form 720 (Quarterly Federal Excise Tax Return). Issuers and plan sponsors are generally required to pay the PCORI fees annually […]

DOL Issues Guidance on FMLA and Mental Health Conditions

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 recognition of Mental Health Awareness month. […]

Hiring “For Keeps” In This Healthcare Shortage

How Do We Solve This Healthcare Shortage With Our Next Hire? Read how your business can avoid more turnover at a time of need. As U.S. hospitals and clinics deal with more patients, both COVID-19 and non-COVID, many are facing staffing shortages. The COVID-19 pandemic has exacerbated the ongoing shortage of health workers, leaving health care facilities […]

EEO-1 Deadline Extended for 2021 Reports

Employers subject to equal employment opportunity reporting (EEO-1) requirements now have until June 21, 2022 to file their workforce data from 2021. The initial deadline had already been delayed from March 31 due to the COVID-19 pandemic.

EEOC and DOL Issue Guidance on Artificial Intelligence and ADA Disability Discrimination

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and U.S. Department of Labor (DOL) each issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).  EEOC Guidance  The EEOC’s […]

More 2022 Labor Law Changes Prove Employers Should Prioritize Labor Law Posters

Labor law penalties are rising for employers. The hard truth is that the maximum penalty for federal posting violations has risen to over $38,000 since newly announced increases by the Department of Labor and the Equal Employment Opportunity Commission have gone into effect – highlighting the seriousness of posting compliance.

Recognizing Mental Health Trends During Mental Health Awareness Month

Employers Are Responding to Mental Health Concerns Mental health has been a hot topic this year, thanks to the COVID-19 pandemic. Over the past two years, so many people have experienced issues such as burnout, depression, anxiety, and substance addiction. In fact, 40% of U.S. adults said they have struggled with mental health or substance […]

Wearable Technology and the Workforce

Nearly 1 in 5 Americans (21%) say they regularly wear a smartwatch or fitness tracker. Pew Research Center Wearable tech: Pros and Cons For Employers Wearable technology isn’t a new feature. For years, personal gadgets such as smartwatches have been gaining popularity among people who want better insight into their health trends. In fact, wearable […]

Best Steps For An Employer When An Employee Quits

When an employee leaves, what do you need to say and do as an employer? There are steps for your organization to consider following a sudden departure.

Podcast: Discussing Senior Living Industry Background Checks In Depth.

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.

HR’s Role in Preventing Cyberattacks

By Training Employees HR Can Lead The Cybersecurity Fight Cyberattacks are a growing concern for employers across the globe but especially for those in the United States. According to the Identity Theft Resource Center, the number of reported U.S. data breaches rose 68% between 2020 and 2021, increasing to a record-setting 1,862 incidents. Of these […]

Your Website Might Not Be ADA Compliant!

Learn How Your Business Website Design Can Become An HR Risk DOJ Guidance on the ADA and Web Accessibility for Businesses and State and Local Governments On March 18, 2022, the U.S. Department of Justice (DOJ) issued guidance on how public and private entities can ensure that their websites are accessible to individuals with disabilities, […]

COVID-19 National Emergency Extended, Deadline Relief Continues

On Feb. 18, 2022, President Biden announced an extension of the National Emergency concerning COVID-19, stating that it must continue in effect beyond March 1, 2022. This extension impacts deadline relief related to the following employee benefit plan deadlines: HIPAA time frames—The 30-day period (or 60-day period, if applicable) to request special enrollment. COBRA time […]

More Answers to Updated IRS Tax Credit FAQs

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 or 2021 affects household income. The […]

Updated FAQs From IRS For Tax Credits Under FFCRA

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 reasons. The credits also covered amounts […]

ALERT: March 2022 ACA Deadlines Are Here!

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 more full-time or full-time equivalent (FTE) […]

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

The CDC is loosening guidance for a majority of the U.S. population. The agency now only recommends that individuals in high-risk areas wear a mask in indoor settings. Currently, around 70% of the U.S. population is in a low- or medium-risk county. As such, the CDC would no longer recommend that these individuals wear a mask indoors.

FAQs, Workplace Poster Issued for Calif. Supplemental Paid Sick Leave

The California Department of Industrial Relations has published answers to frequently asked questions (FAQs) and a poster for employers to use in connection with the state’s new COVID-19 supplemental paid sick leave law. The law takes effect Feb. 19, 2022, but is retroactive to Jan. 1, 2022. FAQs  There are 37 FAQs in all, covering the following topics:  General Questions […]

Why You Should Screen Employees Regularly

Your employees are both your biggest asset as well as your biggest risk. One of the ways you can prevent expensive risk is by regularly re-screening your employees. Learn more about the benefits of FCRA compliant screening of your existing workforce from MyHRScreens.

California Passes Supplemental Paid Sick Leave for COVID-19 

Governor Gavin Newsom signs COVID sick leave bill California has enacted a new supplemental paid sick leave law requiring employers with more than 25 employees to provide them with up to 80 hours of paid leave for specific COVID-19-related reasons. The requirement takes effect on Feb. 19, 2022, but it is retroactive to Jan. 1, 2022. California previously had a […]

Congress Bans Forced Arbitration and Waivers of Sexual Harassment and Assault Claims

On Feb. 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act). The U.S. House of Representatives had previously passed the Act, which is now expected to be signed by President Biden. Once signed, the Act will go into effect immediately. Ending Forced Arbitration Act The […]

Avoid These 10 ADA Compliance Mistakes

What can employers do to prepare for ADA and prevent liability? The burden has shifted, now more than ever, to employers to provide reasonable accommodations when possible and show care in handling disability-related issues in the workplace.

Managing Uncertainty During the Pandemic

Although post-pandemic life seems far out of reach, there are healthy ways for you to manage any uncertainty, anxiety and stress.

ALERT: U.S. Supreme Court Blocks OSHA ETS!

The U.S. Supreme Court struck down the Biden administration’s vaccine-or-test rule Thursday, January 13, 2022, declaring that the Occupational Safety and Health Administration had exceeded its authority.  The Supreme Court issued mixed rulings in a pair of cases challenging Biden administration COVID-19 vaccine mandates, allowing the requirement for certain health care workers to go into […]

More HR Challenges Ahead For 2022.

Riding the wave of “The Great Resignation” The staffing and talent shortage, often now referred to as the Great Resignation, is making it challenging for organizations to find quality employees to fill vacant roles. To mitigate the effects of this shortage, HR leaders must devise more effective strategies for evaluating talent.  Once hired, the challenge […]

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.

Common Questions About COVID-19 and the ADA

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 COVID-19 pandemic. The new FAQs mainly […]

Negligence in Hiring and Managing Employees Can Put Employers at Great Risk

Negligence Claims From Employees Regarding Employment As we enter into 2022, there continues to be a rush of hiring to fill positions that have been vacant throughout the pandemic. It’s been hard to find employees, and also to retain employees. We understand the need for staffing quickly, however, rushing through the hiring process can be […]

Don’t Be Late. Extended 2022 ACA Deadline To Keep In Mind

Update, January, 2022 – The deadline for ACA reporting forms to employers has been extended but with all of the busy new year HR tasks, it will be important to keep this deadline on your radar. Late or inaccurate forms could lead the IRS to notify an employer that it may be liable for a penalty […]

EEOC Issues New Guidance on COVID-19 and ADA Disability

On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA). 

Why Consistency Is Key In Corporate Employee Screening

When it comes to background checks, the information you verify and how often it is evaluated will prevent legal risk and build trust. An inconsistent approach to background checks could result in poor hires and could also leave employers open to potential negligent hiring lawsuits.

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.

New Court Decision Blocks Vaccine Mandate for Federal Contractors Nationwide!

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 and Ohio on Nov. 30, 2021. […]

COVID Variant Omicron Causes Serious Concern for Employers

A new variant of coronavirus initially detected in South Africa is prompting renewed concern regarding the pandemic. On Nov. 26, 2022, the World Health Organization (WHO) named the new variant “Omicron.” Omicron was labeled a “variant of concern,” the agency’s most serious category for tracking. Such a designation is reserved for dangerous variants that may be more transmissible or virulent or could decrease the effectiveness of vaccines or treatments.

It’s Worth It. Why An SMB Should Outsource More HR Tasks.

Work smarter by outsourcing HR compliance duties Even if you have an HR professional(s) on staff, it is smart to outsource for HR assistance. Laws and policies are changing more often than ever, due to recent current events, including the COVID-19 pandemic. The risk of compliance mistakes is increasing. Keeping up with these new or […]

Diving Deeper Into The Current Stay of The OSHA ETS

On Nov. 12, 2021, the 5th Circuit Court of Appeals (the Court) extended the stay it ordered for the Occupational Safety and Health Administration (OSHA) vaccine and testing emergency temporary standard (ETS) on Nov. 6, 2021. The judicial stay will remain in effect until the ETS’ legality is ultimately decided in the judicial system. The […]

Final 2021 Forms For ACA Reporting Released

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 Section 6055. 2021 Forms 1094-C and 1095-C are the forms […]

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

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 order from last week, stating that […]

Penalties for the COVID-19 Vaccination and Testing ETS

OSHA can classify the COVID-19 ETS citations as ‘‘willful,’’ allowing it to propose higher penalties with increased deterrent effects.

What Does the OSHA ETS Require From Employers?

OSHA’s ETS provisions require private employers with 100 or more employees to comply with several COVID-19-related requirements.

Update: OSHA ETS Mandate Date Set For Jan 4!

Workers at larger businesses will have to get vaccinated against COVID-19 by January 4, 2022 or face regular testing under new federal rules. Read more about this Emergency Temporary Standard from OSHA.

Are Your Background Checks FCRA Truly Compliant? A Helpful Overview.

FCRA Compliance for Employers Using Consumer Background Checks As the end of the year comes to a close, many businesses will be running their annual background checks. This overview will outline the steps an employer must take to comply with the FCRA. The Fair Credit Reporting Act (FCRA) is a federal law that restricts how […]

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.      

2021 ACA Violations & Penalties For Employers

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.

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.

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

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 qualifying individuals within one business day; […]

Federal Employers Receive Deadline Of November 22 To Be Vaccinated

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 workers paid time off to get […]

Signs That OSHA ETS, Vaccination Mandate Is Moving Forward

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). The ETS will require all businesses […]

How At-Home COVID-19 Tests May Help The Employer.

 FDA Authorizes New At-home Rapid Test for COVID-19 As an employer, within the workplace, we want to do all we can to prevent the spread or exposure from COVID-19. The U.S. Food and Drug Administration (FDA) has approved a new over-the-counter COVID-19 antigen test—the Flowflex COVID-19 Home Test from ACON Laboratories—to increase consumer access to testing during […]

COBRA Deadline Extension Relief Clarification IRS Notice 2021-58

More information on the COBRA deadline extension. 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”).

Understanding Forms 1095A, B & C For ACA Reporting

A number of changes were introduced to the health insurance marketplace with the passage of the ACA in 2010. From different reporting forms and health insurance plan requirements to the penalties imposed on employers for failing to comply with the Employer Mandate — The ACA created unique responsibilities for employers, health insurance carriers, and individuals alike. One of the ACA’s unique requirements from a reporting perspective relates to the different Forms 1095. The following information and take the confusion out of these forms.

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

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 the Coronavirus Aid, Relief and Economic Security […]

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

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 click HERE. We encourage you to […]

PPE Expenses are Reimbursable Under Health FSAs, HRAs and HSAs

In this article we talk about the fact that the recent IRS guidance provided that amounts paid by individuals for PPE—including masks, hand sanitizer and sanitizing wipes used for the primary purpose of preventing the spread of COVID-19—are deductible medical expenses. Therefore, the amount you paid for the PPE that is not compensated for by insurance may be deductible as long as your total medical expenses are more than 7.5% of your adjusted gross income (AGI).

FDA Authorizes Pfizer Booster

The FDA has authorized the Pfizer vaccine booster for vulnerable populations including people ages 65 and older.

2022 Open Enrollment Checklist

In addition, any changes to a health plan’s benefits for the 2022 plan year should be communicated to plan participants through an updated summary plan description (SPD) or a summary of material modifications (SMM). Health plan sponsors should also confirm that their open enrollment materials contain certain required participant notices, when applicable—for example, the summary […]

Preparing For Open Enrollment In This Second Pandemic Year

Will Remote Workers Affect Open Enrollment? Open enrollment will be here before you know it—and it’ll likely differ than those held in years past, especially for remote employees. Benefit offerings may be changing, and you may be enrolling virtually as a remote employee. As such, it’s essential to come prepared. To avoid last-minute headaches, familiarize […]

Surcharges For Nonvaccinated Individuals – Things To Consider

On Aug. 23, 2021, the Food and Drug Administration (FDA) gave full approval to the Pfizer-BioNTech COVID-19 vaccine (now marketed as Comirnaty) for individuals 16 years of age and older. As a result, many employers are exploring options related to COVID-19 vaccination status within their workforce, including whether to charge a premium surcharge for nonvaccinated […]

Podcast: OSHA Vaccination ETS & Important Guidance For Employers

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 ensure their workforce is fully vaccinated […]

OSHA Developing Private Sector Emergency Temporary Standard for COVID-19

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 Administration (OSHA) is developing an emergency […]

Podcast: The Importance Of Healthcare Specific Screening As You Hire During Covid-19 In The Healthcare Industry

In this short podcast, we talk candidly with background check expert, Kim Lewis, about hiring and screening for the healthcare industry – beyond just drug testing, including the big difference in the FBI database search vs. a more comprehensive advanced healthcare screening package and ongoing monitoring.  Read more in our article HERE. Bookmarks:  1:38. Why is […]

POTUS signs an executive order for COVID-19 vaccination mandates for employers

President Biden to Mandate COVID-19 Vaccine for Federal Employees and Large Employers On Thursday, Sept. 9, 2021, President Joe Biden signed executive orders requiring federal workers and contractors to get vaccinated against COVID-19. Biden also directed the Occupational Safety and Health Administration (OSHA) to draft a new emergency rule requiring all businesses with 100 or […]

How To Communicate About The Vaccine With Employees

As employers plan to navigate the legal risks and logistics of employee vaccinations, this article explores what, how and when to communicate about COVID-19 vaccines with employees.

Podcast: It’s Not Over… Long-Haul Covid-19 Symptoms May Affect The Workplace

Introducing Long-Haul Covid. In this episode learn how this has been affecting the workplace. Did you know employees that have lingering COVID symptoms after testing negative can be protected under the Americans with Disabilities Act? Join Chris as he talks with John Yerger of MyHRConcierge about what employers should do when employees have these lingering symptoms.

EEO-1 Deadline Extended Again To October 25, 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 was an extension from a previous […]

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.