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Employee Benefits | Apr 10, 2023

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.

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Employee Handbook | Mar 13, 2023

Pay Transparency Is on the Horizon

As the number of states 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.

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State Law Updates | Mar 05, 2023

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 […]

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DOL | Feb 16, 2023

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 […]

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Affordable Care Act | Dec 15, 2022

Final Forms & ACA Instructions For 2022

Final Forms and Instructions for 2022 ACA Reporting Updates to 2022 ACA forms and instructions The 2022 forms are essentially unchanged from the prior year. The instructionshave been updated to include the permanent, 30-day automatic extension oftime for furnishing statements to individuals under Sections 6055 and 6056.Due to this extension, individual statements for 2022 must […]

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Federal Law Updates | Dec 06, 2022

Tips for Training Managers on FMLA Compliance 

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 employees may take up to 12 […]

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Employee Benefits | Nov 30, 2022

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 […]

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Affordable Care Act | Nov 08, 2022

2023 ACA Compliance Checklist

ACA Requirement Changes Taking Effect in 2023 Changes to some ACA requirements will take effect in 2023 for employers sponsoring group health plans. To prepare for 2023, employers should review these requirements and develop a compliance strategy. Employers should ensure that their health plan documents, including the summary of benefits and coverage (SBC), are updated […]

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COVID-19 | Sep 18, 2022

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 […]

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Hiring | Sep 05, 2022

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 […]

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Federal Law Updates | Aug 28, 2022

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 […]

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Employment Screening | Aug 21, 2022

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 […]

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Employment Screening | Aug 17, 2022

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. (Note on July 23, 2023, DHS revised the Form I-9 and Remote Employment Eligibility […]

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Employment Screening | Aug 04, 2022

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 […]

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Affordable Care Act | Aug 03, 2022

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% […]

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Affordable Care Act | Jul 27, 2022

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 […]

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Employee Benefits | Jul 22, 2022

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, […]

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Workforce Management | Jul 21, 2022

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 […]

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EEOC | Jul 18, 2022

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 […]

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COBRA | Jul 08, 2022

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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Federal Law Updates | Jul 07, 2022

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, […]

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Employment Screening | Jul 06, 2022

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 […]

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Hiring | Jul 05, 2022

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 […]

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Federal Law Updates | Jun 29, 2022

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) […]

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COVID-19 | Jun 27, 2022

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 […]

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Hiring | Jun 23, 2022

The Top HR Issues In The World of Remote Hiring!

Hiring Remotely Can Solve Major Staffing Problems If You Maintain These Practices For Compliance With labor shortages, quitting and re-hiring issues, is remote hiring the answer? We know that as the landscape continues to change: Almost 60% of employees prefer a hybrid work model, and a third prefer exclusively remote, according to a Gallup study. Nearly […]

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| Jun 20, 2022

IRS Raises Mileage Rates for Second Half of 2022

For the first time since 2011, the IRS has made a midyear adjustment to the optional mileage rate used to calculate the deductible costs of operating an automobile for business and other specific purposes. The agency said the change is in recognition of recent gasoline price increases. In Announcement 2022-13, released June 9, 2022, the […]

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Affordable Care Act | Jun 03, 2022

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 […]

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DOL | Jun 01, 2022

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. […]

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Hiring | May 27, 2022

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 […]

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EEOC | May 25, 2022

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.

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| May 18, 2022

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 […]

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IRS Updates | Apr 27, 2022

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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FAQ in HR | Apr 20, 2022

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 […]

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Cybersecurity | Apr 04, 2022

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 […]

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ADA | Mar 23, 2022

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, […]

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Federal Law Updates | Mar 23, 2022

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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COBRA | Mar 22, 2022

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 […]

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COVID-19 | Mar 09, 2022

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 […]

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IRS Updates | Mar 07, 2022

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 […]

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Affordable Care Act | Mar 01, 2022

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) […]

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COVID-19 | Feb 28, 2022

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.

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EEOC | Feb 24, 2022

Workplace Litigation Report Warns of Increased EEOC Enforcement in 2022

The Equal Employment Opportunity Commission (EEOC) is likely to increase enforcement efforts in 2022. According to law firm Seyfarth Shaw’s annual Workplace Class Action Litigation Report the EEOC is likely to increase enforcement in the coming year. The report provides a circuit-by-circuit and state-by-state review of significant class-action rulings and offers an analysis of significant […]

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FAQ in HR | Feb 21, 2022

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 […]

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COVID-19 | Feb 14, 2022

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 […]

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Hiring | Feb 07, 2022

Make Hiring Easy in 2022 with Employee Screening & Background Check Experts

It’s “go time” for hiring! Industries are continuing to feel the strain of the pandemic into 2022 while trying to hire for vacant positions.

Employees are part of your corporate brand, reputation, and success. Therefore, hiring a trustworthy and reputable worker is very important. One of the tools we use to make sure that we hire only trustworthy and reputable workers is through thorough employee screening.

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ADA | Jan 31, 2022

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.

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Alerts | Jan 26, 2022

OSHA Withdraws COVID-19 But Not The Proposed Permanent Rule

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) stayed the vaccination and testing ETS. Because of this ruling, OSHA is withdrawing the ETS as an enforceable ETS. However, the agency is not withdrawing the ETS as a proposed permanent rule, and the standard rule-making process will continue.

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COVID-19 | Jan 13, 2022

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 […]

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State Law Updates | Jan 13, 2022

Schedule for EEO-1 Reporting Announced

The Equal Employment Opportunity Commission (EEOC) announced that it will open the 2021 EEO-1 Component 1 Report on April 12, 2022 with a due date of May 17, 2022.  The EEOC’s announcement indicates that both dates are “tentative” and EEO-1 opening and closing dates have been subject to modification by EEOC in recent years.  The […]

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COVID-19 | Jan 13, 2022

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 […]

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COVID-19 | Jan 12, 2022

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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COVID-19 | Jan 12, 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 […]

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COVID-19 | Dec 29, 2021

CDC Recommends Shorter COVID-19 Isolation and Quarantine

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-19 exposure).  Asymptomatic individuals infected with COVID-19 have been told to isolate for five days from the day they test positive—down from the original 10. After, they should wear a mask […]

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COVID-19 | Dec 27, 2021

FDA Authorizes Pfizer COVID-19 Treatment Pill

On Wednesday, Dec. 22, 2022, the Food and Drug Administration (FDA) issued emergency use authorization for an antiviral pill intended to help treat COVID-19 cases. Paxlovid, manufactured by Pfizer, is the first antiviral COVID-19 pill authorized for at-home use. According to the FDA, individuals ages 12 and up—weighing at least 88 pounds—should take the prescription-only […]

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COVID-19 | Dec 15, 2021

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). 

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| Dec 13, 2021

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.

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COVID-19 | Dec 13, 2021

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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COVID-19 | Dec 08, 2021

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. […]

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COVID-19 | Dec 02, 2021

How Can Employers Prepare For The “Omicron” COVID-19 Variant?

Now is the time for employers to review their coronavirus-related policies and remind employees of the continued importance of following workplace safety practices. Prepare Your Workplace Now. We have the luxury of experience, with this being our third variant to experience with COVID-19. While drawing on that experience, we encourage employers to communicate and address policies such as these.

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