Posted on June 13, 2019

New HHS Fact Sheet Addresses Direct Liability

The U.S. Department of Health & Human Services' (HHS) Office for Civil Rights (OCR) has issued a fact sheet explaining when a business associate can be directly liable for compliance with the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules.

The fact sheet states that OCR is authorized to take enforcement action against business associates only for:

1. Failing to provide HHS with records and compliance reports, cooperate with investigations and reviews, and provide HHS access to protected health information (PHI) and other compliance information;
2. Retaliating against anyone for filing a HIPAA complaint, participating in an investigation, or opposing a HIPAA violation;
3. Failing to comply with the Security Rule;
4. Failing to notify a covered entity or other business associate of a breach;
5. Impermissible uses and disclosures of PHI;
6. Failing to disclose a copy of electronic PHI to either a covered entity, an individual, or an individual’s designee (whichever is specified in the business associate agreement);
7. Failing to make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request;
8. Failing to provide an accounting of disclosures in certain circumstances;
9. Failing to enter into compliant business associate agreements with subcontractors that create or receive PHI on their behalf; and
10. Failing to take reasonable steps to address a material breach or violation of the subcontractor’s business associate agreement.

Click here to review the new fact sheet. Frequently asked questions on business associates are also available.

© 2019 HR 360, Inc.

Posted on June 12, 2019

New Law Becomes Effective July 1, 2019.

Colorado has amended its workplace smoking prohibition to include a ban on electronic smoking devices, effective July 1. The amendments also repeal the exception for employers whose establishments are not open to the public and employ no more than 3 people and clarify that smoking restrictions apply to tobacco and any other product intended for inhalation, whether synthetic or natural, including marijuana.

© 2019 HR 360, Inc.

Posted on June 05, 2019

 New Law Becomes Effective January 1, 2021.

On May 22, 2019, Colorado enacted the Equal Pay for Equal Work Act. Under the law, employers will no longer be able to: 

• Pay different wages to employees who perform similar work, based solely on the employee’s sex; or
• Seek the salary or wage rate history of job applicants.

The Act also creates new responsibilities that employers will need to meet when posting job openings, and employer recordkeeping requirements for employees’ work history, including compensation.

© 2019 HR 360, Inc.

Posted on June 03, 2019

Effective dates: January 1, 2020, for hotels and motels with 60 or more rooms, January 1, 2021, for other affected employers.

A new law in Washington requires hotels, motels, retail establishments, security guard entities and property service contractors to:

• Adopt a sexual harassment policy; and
• Provide mandatory sexual harassment training to managers, supervisors,  and employees.

Hotels and motels with 60 or more rooms must meet these requirements by January 1, 2020. Other affected employers must comply by January 1, 2021.

The new law also includes additional related, reporting requirements for property service contractors. 

Click here for more. 

 

 

 

 

 

 

 

 

 

 

© 2019 HR 360, Inc.

Posted on June 03, 2019

New Law Effective Aug. 2, 2019

Beginning August 2, 2019, employers can implement a tip-pooling system among their employees only if they notify each of their patrons, in writing, that a tip pooling or sharing arrangement exists in the establishment. Acceptable written notification forms include:

• A notice in the menu
• A table tent
• A notice in the receipt

Click here for more.

© 2019 HR 360, Inc.

Posted on June 03, 2019

New Law Effective October 30, 2019

Beginning Oct. 30, 2019, in addition to paid sick time, employers in New York’s Westchester County, will need to provide up to 40 hours of paid leave to employees who are victims of domestic violence or human trafficking. Employees will be allowed to use this leave in full days or increments to attend court proceedings or to move to a safe location.

Under this new law, employers are required to notify their employees of their right to use this leave either upon hiring or by Jan. 28, 2020, whichever is later. 

Finally, employers are prohibited from retaliating against employees who use this benefit, but the law will allow employers to require that employees prove they have used this paid leave for its intended purpose.

Click here for more.

© 2019 HR 360, Inc.

Posted on May 31, 2019

New Law Effective January 1, 2020

In an effort to protect personal information from identify theft, beginning January 1, 2020, Maine employers can ask for an applicant’s Social Security number only for substance abuse testing or pre-employment screening purposes. 

The new law continues to allow employers to ask for an employee’s Social Security number after he or she has been hired. 

© 2019 HR 360, Inc.

Posted on May 30, 2019

All Employers Now Subject to Lactation Accommodation Requirements

Beginning Sept. 29, 2019, all Oregon employers will need to provide reasonable accommodations to lactating employees. The previous version of the law applied only to employers with 25 or more employees. 

Another change in the law will require employers to provide lactation rest periods each time a lactating employee has the need to express milk, instead of one break during the middle of the employee’s shift. It is also important to note that the new law does not specify how long each rest period must be. 

Employers with 10 or fewer employees are exempt from lactation accommodation requirements if providing these breaks would impose an undue hardship on the employer’s business operations. 

Click here for more. 

 

 

 

 

© 2019 HR 360, Inc.

Posted on May 29, 2019

New Law Effective May 10, 2019

On May 10, 2019, Tennessee restricted the immunity for employees who test positive to a drug test because of the use of prescribed medications. Under the new law, immunity covers only medications prescribed during the six months prior to the drug test.

While Tennessee does not have comprehensive laws to regulate drug and alcohol abuse in the workplace, the state offers employers the option of implementing a drug-free workplace program. Employers that choose this option must comply, among other things, with the provision described above. 

Click here for more. 

© 2019 HR 360, Inc.

Posted on May 28, 2019

Inflation-Adjusted Contribution Limits and HDHP Amounts to Increase

The IRS has announced the 2020 inflation-adjusted amounts for Health Savings Accounts (HSAs) as determined under the Internal Revenue Code.

Annual Contribution Limitation
For calendar year 2020, the annual limitation on deductions for an individual with self-only coverage under a high deductible health plan is $3,550 (up from $3,500 for 2019). The annual limitation on deductions for an individual with family coverage under a high deductible health plan is $7,100 (up from $7,000 for 2019).

High Deductible Health Plan Amounts
For calendar year 2020, a "high deductible health plan" is defined as a health plan with an annual deductible that is not less than $1,400 for self-only coverage or $2,800 for family coverage, and annual out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums) that do not exceed $6,900 for self-only coverage or $13,800 for family coverage.

Click here to read the IRS announcement.

© 2019 HR 360, Inc.

Posted on May 28, 2019

New Law Effective October 1, 2019

Maryland has a new law that provides employees up to 60 days of leave for organ donation or 30 days of leave for bone marrow donation.

To qualify for this leave, employees must have worked for their employers for at least 12 months and at least 1,250 hours during the last 12-month period. Employees must also provide their employers with a written physician verification indicating they are donors and that the donation is medically necessary.

Click here for more. 

© 2019 HR 360, Inc.

Posted on May 28, 2019

New Law Effective May 10, 2020

New York City has enacted an ordinance that prohibits employers from requiring job applicants to submit to pre-employment marijuana testing, effective May 10, 2020.

However, exceptions apply, including for certain jobs in the following areas: 

• Law enforcement;
• Construction; 
• Commercial driving; 
• Child care, health care and the care of “vulnerable persons”; and
• Positions that may significantly impact the health or safety of employees or the public.  

The law contains additional exceptions for certain federal contracts and federal, state and local drug-testing requirements in the areas of transportation and safety and security.

Click here for more.

© 2019 HR 360, Inc.

Posted on May 23, 2019

Employers Must Provide Wage Information to Applicants

Washington has adopted a new law, effective July 28, 2019, that prohibits employers from seeking information about an applicant’s wage or salary history. The prohibition also bans employers from requiring that an applicant’s wage or salary meet certain criteria.

However, employers are still allowed to confirm an applicant’s wage or salary history if the applicant makes a voluntary disclosure or after the employer has negotiated and made an offer of employment—with compensation—to the applicant. 

In addition, upon request, employers must tell applicants the minimum wage or salary for the position the applicant is applying for. Similar information must be provided upon request to employees offered internal transfers or promotions. 

Click here for more.

© 2019 HR 360, Inc.

Posted on May 20, 2019

New Law Effective July 1, 2019

Florida has amended its smoking laws to prohibit vaping, as well as smoking (which was already prohibited), in enclosed indoor workplaces. As with smoking, the vaping amendment allows employers to post vaping restrictions. New signs may indicate “NO SMOKING OR VAPING.”

In addition, the proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding vaping prohibitions. 

 

© 2019 HR 360, Inc.

Posted on May 20, 2019

New Law Effective July 27, 2019 

Beginning July 27, 2019, Arizona employers with 1-19 employees that offer a fully insured group health insurance plan will be required to comply with the state’s mini-COBRA law. Currently, the mini-COBRA requirement applies to employers with 1-20 employees. Click here for more information on the requirement. 

© 2019 HR 360, Inc.

Posted on May 14, 2019

Employees Permitted 2 Hours of Voting Leave

On May 6, 2019, Oklahoma amended its voting leave law to require employers to allow employees 2 hours of leave to cast their ballots on the day of an election or on a day legally designated as an absentee voting day.

The new law retains an anti-retaliation provision for employees that use this leave and a provision that allows employers to modify their employee’s shift to start 3 hours before or after the polls close or open. It also prohibits employers from reducing an employee’s pay for using voting leave.

The amended law also retains the provision that requires employees to notify their employers of their intention to use voting leave at least 3 days in advance.

© 2019 HR 360, Inc.

Posted on May 14, 2019

$15.59 Per Hour is New Minimum Wage Rate

Starting July 1, 2019, the minimum wage rate in San Francisco will increase to $15.59 per hour. The new rate will apply to any adult or minor who works two or more hours per week. The city has also published a new poster for employers to display. 

Click here for more.

© 2019 HR 360, Inc.

Posted on May 06, 2019

Employers Must Meet Sept. 30 Deadline

The U.S. Equal Employment Opportunity Commission (“EEOC”) is advising employers subject to the EEO-1 filing requirement to begin preparing to submit Component 2 data (on compensation and hours worked) for calendar years 2017 and 2018, by September 30, 2019.
 
The EEOC expects to begin collecting the Component 2 data for calendar years 2017 and 2018 in mid-July 2019, and will notify employers of the precise date the survey will open as soon as it is available. Filers should continue to use the currently open EEO-1 portal to submit Component 1 data from 2018 by May 31, 2019.
 
For more information, please contact the EEOC. 

© 2019 HR 360, Inc.

Posted on May 03, 2019

Law Effective June 14, 2019

Under a new law, effective June 14, 2019, New Mexico employers are generally prohibited from taking an adverse employment action against an applicant or employee based on conduct allowed under the state medical marijuana law.

However, an employer may prohibit or take adverse employment action against an employee for use of (or being impaired by) medical cannabis on the employment premises or during employment hours. Click here for more.

Additional requirements and exceptions to the information above may apply. For more information, please contact the New Mexico Department of Health.

© 2019 HR 360, Inc.

Posted on May 03, 2019

Law Effective June 14, 2019

Under a new law, New Mexico employers generally may not inquire about an applicant’s arrest or conviction history on a written or electronic employment application. However, employers may take an applicant's conviction into consideration after review of his or her application and upon discussion of employment with him or her.

The law is effective June 14, 2019. Click here for more.

Additional requirements and exceptions to the information above may apply. For more information, please contact the New Mexico Human Rights Bureau.

© 2019 HR 360, Inc.