Posted on March 08, 2019

Proposal Subject to Change

The U.S. Department of Labor (DOL) is proposing to change the minimum salary that administrative, computer, executive, professional, and "highly compensated" employees must receive in order to be exempt from overtime pay under federal law. Under the proposal:

• The minimum salary required for an administrative, computer, executive, or professional employee to be exempt would increase from $455 to $679 per week.
• The total annual compensation required for "highly compensated employees" to be exempt would increase from $100,000 per year (including at least $455 per week) to $147,414 per year (including at least $679 per week).
• Employers would be able to count certain bonus and incentive payments (including commissions) toward a portion of the salary level.

Though this proposal is still subject to change, the DOL currently anticipates changes to the salary levels to become effective in January 2020.

© 2019 HR 360, Inc.

Posted on February 22, 2019

Law to Apply to Employers with 30 or More Employees Anywhere Worldwide

Beginning June 30, 2019, the New Jersey Family Leave Act will apply to employers with as few as 30 employees anywhere worldwide, down from the current 50-employee threshold. As a result of this change, employers with 30 or more employees anywhere worldwide will be required to provide up to 12 weeks of family leave in a 24-month period to employees in New Jersey that have worked:

• For the covered employer for 12 months; and
• At least 1,000 hours for the covered employer during the previous 12 months.

Beginning June 30, 2019, covered employees that experience the following life events will generally qualify for family leave:

• The birth, adoption, or foster placement of a child.
• The need to care for a family member with a serious health condition.

For more information, visit the New Jersey Family and Medical Leave page in your online HR library.

© 2019 HR 360, Inc.

Posted on February 11, 2019

Disclosures Due Within 60 Days of Beginning of Plan Year

Employers that offer prescription drug coverage to Medicare-eligible individuals via a calendar-year plan generally must complete an online disclosure to the Centers for Medicare and Medicaid Services (CMS) by March 1. This disclosure must report whether the coverage offered is "creditable," meaning it is expected to pay, on average, as much as the standard Medicare prescription drug coverage. Employers that offer creditable coverage via a non-calendar-year plan must also comply with the disclosure requirement within 60 days of the beginning of the plan year.

Click here to complete an online disclosure. For more information on the disclosure requirement, click here.

© 2019 HR 360, Inc.

Posted on February 11, 2019

Increases Effective January 1, 2020 and July 1, 2020

As a result of a new law, Illinois employers with 4 or more employees will experience the following minimum wage rate increases in 2020:

• On January 1, 2020, the minimum wage rate applicable to these employers will rise to $9.25 per hour for regular employees and $5.55 per hour for tipped employees.
• On July 1, 2020, the minimum wage rate applicable to these employers will rise to $10.00 per hour for regular employees and $6.00 per hour for tipped employees.

© 2019 HR 360, Inc.

Posted on February 05, 2019

Posters Detail New Legal Developments

In response to new state minimum wage and paid sick leave laws, Michigan has released new minimum wage and paid sick leave posters for Michigan employers to display in a conspicuous place accessible to employees. For more information on these poster requirements, click here.

© 2019 HR 360, Inc.

Posted on February 04, 2019

Additional Increases Set for Future Years

As a result of a new law, on July 1, 2019:

• New Jersey employers with 6 or more employees will generally be required to pay a minimum wage of at least $10.00 per hour to their regular employees.
• New Jersey employers of all sizes will be required to pay a minimum wage of at least $2.63 per hour to their tipped employees.

In addition, New Jersey employers of all sizes will experience a series of minimum wage increases beginning January 1, 2020. For more information, visit the New Jersey Minimum Wage Rates page in your online HR library.

© 2019 HR 360, Inc.

Posted on February 04, 2019

Reporting Portal to Open March 18

The U.S. Equal Employment Opportunity Commission (EEOC) has pushed back the deadline by which employers are required to submit their 2018 EEO-1 data to May 31, 2019. In addition, the online portal employers will use to submit this data will not open until March 18. As a reminder, EEO-1 data generally must be filed by:

• Private employers with 100 or more employees;
• Private employers with fewer than 100 employees if owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees; and
• Federal contractors (private employers) subject to Executive Order 11246 who have 50 or more employees and a prime contract or first-tier subcontract amounting to $50,000 or more.

Click here for more information from the EEOC.

© 2019 HR 360, Inc.

Posted on February 04, 2019

Notice Information Current as of January 31, 2019

The U.S. Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of January 31, 2019. As a reminder, employers that provide health insurance coverage in states with premium assistance through Medicaid or CHIP must provide employees with a CHIP Notice annually before the start of each plan year. An employer can choose to provide the notice on its own or concurrent with the furnishing of:

• Materials notifying the employee of health plan eligibility;
• Materials provided to the employee in connection with an open season or election process conducted under the plan; or
• The summary plan description (SPD).

© 2019 HR 360, Inc.

Posted on January 25, 2019

If Required, Form 300A Data Must Still Be Submitted

The federal Occupational Safety and Health Administration (OSHA) has rescinded its requirement that establishments with 250 or more employees annually electronically submit data from their OSHA Forms 300 and 301 to the agency. However, these establishments must still submit data from their 2018 OSHA Form 300A by March 2, 2019. Click here for more information on this requirement.

© 2019 HR 360, Inc.

Posted on January 23, 2019

SPD, SBC, and Employer CHIP Notice Penalties Hiked

The U.S. Department of Labor (DOL) has increased the penalties employers face for failing to furnish a Summary Plan Description (SPD), Summary of Benefits and Coverage (SBC), and Employer Children's Health Insurance Program (CHIP) Notice as follows:

• SPD: Failure to furnish an SPD to the DOL upon request may now result in a penalty of up to $156 per day (not to exceed $1,566 per request).
• SBC: Failure to provide group health plan participants and beneficiaries with an SBC may now result in a penalty of up to $1,156 per participant or beneficiary.
• Employer CHIP Notice: Failure to provide an Employer CHIP Notice to employees in states that offer group health plan premium assistance through a state Children's Health Insurance Program may now result in a penalty of up to $117 per day per employee.

© 2019 HR 360, Inc.

Posted on January 08, 2019

Employers With 1-49 Employees Exempt From Paid Sick Leave Requirement

The Michigan state legislature has announced that the state's paid sick leave law will become effective on March 29, 2019. Beginning on that date, Michigan employers with 50 or more employees will generally be required to provide paid sick leave to many full-time employees. Highlights of the law are presented below.

Which Employees are Eligible for Paid Sick Leave?

Generally all private sector employees who work 25 or more hours per week except:

• Administrative, executive, professional, computer, or outside sales employees exempt from overtime pay under federal law;
• Seasonal employees; and
• Variable hour employees.

How Much Paid Sick Leave May an Employee Use?

Up to 40 hours per year.  

How Does an Employee Accrue Paid Sick Leave?

Employees generally accrue 1 hour of paid sick leave for every 35 hours worked. Up to 40 hours of paid sick leave can be carried over from year to year.

When Can Employees Begin Accruing and Using Paid Sick Leave?

Beginning March 29, 2019, or upon commencement of employment, whichever is later. An employee generally may use paid sick leave as it is accrued, but newly hired employees may be required to wait 90 days.

Which Life Events Qualify for Paid Sick Leave?

• Mental or physical illness or injury of an employee or his or family member; or
• If the employee or his or her family member is a victim of domestic violence or sexual assault.

Additional requirements and exceptions to the information above may apply, including notice and recordkeeping requirements. Click here to read the law.

© 2019 HR 360, Inc.

Posted on January 08, 2019

Minimum Wage to Increase for Regular and Tipped Employees

The Michigan state legislature has announced that the effective date for the upcoming increase to the state's minimum wage is March 29, 2019. On that date, Michigan employers will generally be required to pay a minimum wage of at least $9.45 per hour to their regular employees and $3.59 per hour to their tipped employees.

© 2019 HR 360, Inc.

Posted on January 08, 2019

Tax Returns Generally Due April 15

The IRS has announced that it will begin processing 2018 federal income tax returns on January 28, 2019. The filing deadline to submit 2018 tax returns is April 15, 2019 for most taxpayers, but April 17, 2019 for taxpayers in Massachusetts and Maine.

Click here for more information.

© 2019 HR 360, Inc.

Posted on January 03, 2019

Form Must Remain Posted Through April

Employers subject to OSHA's recordkeeping requirements are reminded to post their 2018 OSHA Form 300A from February 1–April 30, 2019. This form—which must be posted even if no work-related injuries or illnesses occurred during 2018—should be displayed in a common area where notices to employees are usually posted.

© 2019 HR 360, Inc.

Posted on December 31, 2018

Many Large and High-Risk Industry Employers Subject to the Requirement

Employers are reminded that they may be required to electronically submit information from their 2018 OSHA Forms 300A to OSHA by March 2, 2019. By that date, the following establishments, if currently required to comply with OSHA’s recordkeeping requirements, must electronically submit this information through OSHA's Injury Tracking Application (ITA):

• Establishments with 250 or more employees in industries covered by OSHA's recordkeeping requirements; and  
• Establishments with 20-249 employees in certain high-risk industries. 

Click here to access the ITA.

© 2019 HR 360, Inc.

Posted on December 18, 2018

Compliance Set to Begin July 1, 2019

Beginning July 1, 2019, District of Columbia (DC) employers with tipped employees must comply with a new requirement to provide sexual harassment prevention training.

Who Must Receive Training?

Beginning July 1, 2019, covered employers must provide sexual harassment prevention training online or in person to the following individuals:

• New employees within 90 days of hire;
• Existing employees by July 1, 2021;
• Managers by July 1, 2021, and every two years thereafter; and
• Business owners and operators by July 1, 2021, and every two years thereafter.

What Must the Training Cover?

The training must cover how to respond to, intervene in, and prevent sexual harassment by co-workers, management, and patrons.

Where Do Employers Get Training Materials?

The training must be conducted using a program provided by the D.C. Office of Human Rights (OHR) or a provider certified by OHR. 

Must Employers Certify Compliance With the Requirement?

Yes. Beginning July 1, 2019, within 30 days of completion of training, covered employers must submit each individual's completed training certification.

© 2019 HR 360, Inc.

Posted on December 14, 2018

Rate to Increase to 58 Cents Per Mile

The Internal Revenue Service has announced that the optional standard mileage rate used to calculate the costs of operating a car, van, pickup truck, or panel truck for business purposes in 2019 will be 58 cents per mile, up from 54.5 cents per mile in 2018. The 2019 rates for automobiles used for charitable, medical, or moving purposes were also announced. For more information, please read IRS Notice 2019-02.

© 2019 HR 360, Inc.

Posted on December 13, 2018

New Training Requirement to Apply to Employers with 5 or More Employees

As a reminder, under a new California law, by January 1, 2020, and once every 2 years thereafter, employers with 5 or more employees—including temporary or seasonal employees—must provide:

• At least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position;
• At least 1 hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees within 6 months of their assumption of a nonsupervisory position; and
• If they will work for the employer for less than 6 months, at least 1 hour of classroom or other effective interactive training and education regarding sexual harassment to all directly hired temporary or seasonal employees within 30 days of being hired or 100 hours worked.

Under current law, employers with 50 or more employees must provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years.

© 2019 HR 360, Inc.

Posted on December 07, 2018

Premiums Due to State by April 30

While paid family and medical leave (PFML) benefits do not become payable to employees until 2020, beginning January 1, 2019, Washington employers must start withholding PFML premiums equal to 0.4% of the employee’s gross wage from each employee's paycheck. Employers with 1-49 employees do not have to split the premium cost with their employees, but employers with 50 or more employees must pay 37% of the premium and withhold 63% of the premium from the employee’s paycheck.

Premiums are due to the state at the end of the calendar month immediately after the end of a calendar quarter, beginning April 30, 2019. Click here for more information.

© 2019 HR 360, Inc.

Posted on December 04, 2018

Information Sheet Due to Employees Beginning in 2019

Delaware has released the sexual harassment information sheet that Delaware employers must begin distributing to employees in 2019. As a reminder, every Delaware employer must distribute the sexual harassment information sheet:

• To new employees at the commencement of employment, beginning January 1, 2019; and
• To existing employees within 6 months of January 1, 2019.

© 2019 HR 360, Inc.