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American Relief Plan (ARPA) - Update to the Family First Corona Virus Relief Act (FFCRA)
Mar 31, 2021
On March 11, 2021, President Biden’s administration enacted the NEW American Rescue Plan (ARPA). The plan included changes to the FFCRA to include emergency paid sick leave and paid family leave. ARPA also extended tax credits businesses could receive, through September 30, 2021, if those businesses decided to continue to offer the FFCRA leave on a voluntary basis (after the December 31, 2020 sunset date). ARPA also made changes to the tax credit eligibility for both types of FFCRA leave: (80 hours of Paid Sick Leave, and 10 Weeks of Enhanced Paid Family Leave).
Voluntary Emergency Paid Sick Leave
With regard to the 80 hours of paid sick leave employees previously were eligible for under the FFCRA, that leave now resets starting April 1, 2021 even if an employee previously used the 80 hours in 2020. The time allowed for full-time employees remains at 80 hours and the tax credits are still available to employers. For part-time employees, the amount of the new leave is the average time worked over two weeks. COVID-19 testing and vaccinations are also Included in the ARPA eligibility.
Voluntary Paid Family Leave
The NEW American Relief Plan (ARPA) expands the FFCRA family leave tax credit to allow it to apply to:
- Family leave taken for FFCRA emergency paid sick leave reasons.
- Family leave taken for reasons related to COVID-19 testing and vaccination.
ARPA also increases the wages related to family leave eligible for the tax credit to $12,000 (up from $10,000) per employee, and it eliminates the requirement that the first two weeks of family leave be unpaid.
NOTE: For leave to be eligible for the employer tax credits under ARPA, employers are required to comply with the Emergency Paid Sick Leave and Expanded Family Leave requirements of the FFCRA, as if they continued to apply, and as they have been amended by the ARPA.
Emergency Paid Sick Leave
Additional Reasons for Leave
Under the NEW ARPA, employer can claim tax credits for paid sick leave if employees use it for any of the reasons previously stated as eligible under the FFCRA as well as the following additional reasons:
- If an employee is unable to work or work remotely while they seek or are await the results of a test/diagnosis of/for COVID-19, or if an employee has been exposed to COVID-19, or an employer has requested a test/diagnosis.
- If an employee is unable to work or work remotely while they are obtaining the COVID-19 immunization.
- If an employee is unable to work or work remotely while they recover from any injury, disability, illness, or condition related to the COVID-19 immunization.
Paid Family Leave
Additional Reasons for Leave
The NEW ARPA allows employers to use the family leave tax credit for leave taken for the same three new COVID-19 testing/immunization scenarios listed above.
ARPA also allows employers to take the family leave tax credit for leave that would have satisfied the FFCRA paid sick leave requirements. This includes childcare purposes, but it also involves leave taken for:
- Employees unable to work or work remotely because they are subject to a federal, state, or local quarantine or isolation order related to COVID-19.
- Employees unable to work or work remotely because they have been advised by a health-care provider to self-quarantine due to concerns related to COVID-19.
- Employees unable to work or work remotely because they are experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- Employees unable to work or work remotely because they are caring for someone that is subject to a federal, state, or local quarantine or isolation order related to COVID-19 or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
A big change ARPA made pertains to the family leave credit. It can now fund paid sick leave for up to 12 weeks, instead of the two weeks permitted previously.
Previously, if an employee utilized the expanded family leave, the first two weeks were not paid, but the remaining 10 weeks were. ARPA allows the tax credit on the full 12 weeks, up to a cap of $12,000 (formerly $10,000) per employee.
As with all programs, employers may not discriminate when offering this benefit to their employees. This includes discrimination in favor of highly compensated employees, full-time employees, or on the basis of employment tenure. If an employer is charged with this and found guilty, it will render the leave ineligible for the tax credit for the calendar quarter in which the discrimination occurred.
Similar to the FFCRA at the end of December 2020, the NEW ARPA is a voluntary program for employers, BUT, by offering this to eligible employees, the employees receive a benefit AND the employer is reimbursed through tax credits, so in essence, it is a win-win for employers to continue the practice.
If you have any questions, please reach out to SimcoHR and they will be happy to assist.
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The holiday season is a time for celebration, but it can also bring potential risks for employers. To ensure a safe and enjoyable experience for all employees, consider the following strategies to mitigate risks during your company’s holiday gathering. 1. Make Attendance Optional Clearly communicate that attendance at the holiday party is optional. It’s essential to create an environment where employees don’t feel pressured to attend, as this can lead to resentment or claims of discrimination. Ensure that managers understand the importance of not implying that attendance is linked to performance evaluations. 2. Keep It Non-Work Related To maintain the festive spirit, avoid any work-related activities, such as presentations or updates. Hosting the event off-site and outside of regular business hours can reinforce the idea that this gathering is a time for relaxation and fun. Allowing employees to bring a guest can also enhance the social atmosphere. 3. Set Clear Expectations Prior to the event, establish guidelines around respectful behavior and responsible drinking. Remind employees that company policies, including those regarding harassment and conduct, remain in effect during the festivities. 4. Monitor Alcohol Service Plan to manage alcohol service carefully. Ensure that no minors or visibly intoxicated individuals are served alcohol. Consider hiring professional servers or holding the event at a venue with trained staff who can refuse service to those who have had enough to drink. 5. Opt for a Cash Bar Hosting a cash bar can reduce liability, as it signals that the company is not providing alcohol directly. This approach may also limit consumption, as employees will be more mindful of their spending. 6. Limit Alcohol Intake Distributing a set number of drink tickets can help control the amount of alcohol each attendee consumes. While this tactic has limitations, it can be beneficial in promoting responsible drinking. 7. Choose Appropriate Entertainment Select entertainment and venues that foster a respectful and inclusive atmosphere. Avoid any activities that could be seen as provocative or offensive, as these settings can lead to uncomfortable situations, especially when combined with alcohol. 8. Plan for Safe Transportation Make arrangements for employees to get home safely after the event. Options may include providing ride-sharing services, public transportation vouchers, or organizing group transportation. Encouraging attendees to designate a sober driver at the beginning of the party can also be an effective strategy. 9. Offer Food and Non-Alcoholic Beverages Provide a variety of food and non-alcoholic drinks. This consideration not only helps ensure the safety of employees but also demonstrates that the company values all attendees, including those who may not wish to consume alcohol. 10. Act Responsively If an employee is visibly intoxicated and needs assistance getting home, don’t hesitate to arrange transportation. It’s crucial to prioritize employee safety over any reluctance to intervene, as taking swift action can prevent serious consequences. Conclusion By implementing these strategies, employers can create a holiday party that fosters enjoyment while prioritizing safety and respect. With thoughtful planning and proactive measures, your company’s celebration can be a memorable and positive experience for all employees. Happy holidays from Simco!
In April 2024, we shared the U.S. Department of Labor’s (DOL) announcement of a new overtime rule under the Fair Labor Standards Act (FLSA), setting higher salary thresholds for white-collar exemptions, which first took effect on July 1, 2024. Now, as the second increase approaches, employers should prepare for the final phase of the rule, effective January 1, 2025, when salary levels will again rise for executive, administrative, and professional employees, as well as highly compensated employees. What Are the New Salary Thresholds? Starting January 1, 2025, employers will need to ensure that salaries meet the new DOL requirements to maintain overtime exemptions: Executive, Administrative, and Professional (EAP) Employees: To qualify for the overtime exemption, EAP employees must now earn a minimum salary of $58,656 per year (or $1,128 per week). Highly Compensated Employees (HCE): HCEs must earn at least $151,164 annually to maintain their exempt status under the new guidelines. These changes aim to ensure fair compensation and proper classification for employees, helping prevent wage and hour violations. Action Steps for Employers While there may be challenges ahead, employers must take proactive steps to get ready for the rule’s implementation as scheduled. Here are some recommended actions: Evaluate Your Workforce and Classifications: Review exempt roles, including job responsibilities and salary levels, to determine how upcoming changes will affect your organization and identify any necessary adjustments. Seek Legal Guidance: Collaborate with your legal team to understand the new rule's implications and ensure compliance with state laws. Prepare for Changes: Develop strategies for potential reclassifications, including necessary training and clear communication plans to inform affected employees about changes to their status and compensation. Final Thoughts As you prepare for the upcoming changes in the DOL's overtime rule, take this opportunity to review and optimize your compensation practices. Ensuring that employee classifications and salaries align with the new thresholds will help safeguard your organization against compliance issues and promote a fair work environment for all employees. If you need assistance or have questions, contact Simco !
If you recently received a notification that your Medicare plan is being discontinued for 2025, you're not alone. According to Healthpilot, a digital Medicare broker, some insurers are exiting unprofitable markets, leading to approximately 1.5 million Medicare Advantage enrollees losing their plans. Whether your plan is being discontinued or not, it’s important to take action quickly to ensure continuous coverage and get the best fit for your healthcare needs. Why Are Medicare Plans Being Discontinued? Many Medicare Advantage plans are being discontinued due to rising costs and changes within the industry. Insurers are facing increasing medical expenses as members require more care, compounded by the effects of the Inflation Reduction Act. Additionally, as the healthcare landscape evolves, insurers are grappling with how to remain profitable while still offering competitive health plans. This combination of factors has led to many plans being discontinued, prompting members to seek new coverage options. My Plan is Being Discontinued – What Now? Act Quickly: With your current plan expiring, you need to enroll in a new one. The standard Annual Enrollment Period (AEP) runs from October 15 to December 7, but if your plan is discontinued, you have until December 31 to select a new one. Just be aware that waiting past December 7 may leave you with a gap in coverage. Review Your Notice: Unlike the standard Annual Notice of Change (ANOC), the notification you received is a crucial signal to start your search for new coverage. Take a moment to read through it carefully, as it contains important details about your current plan’s discontinuation and next steps. Research Your Options: Don’t wait until the last minute. Start evaluating different Medicare plans that align with your healthcare needs and financial situation. Consider factors such as coverage specifics, provider networks, and costs. Our licensed insurance agents are available to assist you in comparing your options and finding a plan that works best for you. Avoid Coverage Gaps: To avoid any interruptions in your healthcare services starting January 1, make it a priority to enroll in a new plan by December 31. Double-check that your new plan starts on January 1 to maintain continuous coverage. My Plan Isn’t Being Discontinued – Should I Still Act? Even if your plan will continue next year, you might still want to consider making a change. Medicare plan benefits, premiums, and coverage can change annually. Whether it's finding better coverage, more competitive premiums, or improved benefits, it’s worth exploring your options. You can still schedule a meeting with one of our licensed insurance agents to review your current plan and discuss potential alternatives. We’re Here to Help At Simco, we understand how overwhelming it can be to navigate Medicare, especially during enrollment periods. That’s why our licensed insurance agents are here to provide personalized support and help you make the best decision for your needs. Whether your plan is being discontinued or you’re just looking for better options, don’t hesitate to reach out. Contact us today to schedule a 1-on-1 meeting or for more information on Medicare options. We’ll help you find the right plan to keep you covered in 2025!
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The holiday season is a time for celebration, but it can also bring potential risks for employers. To ensure a safe and enjoyable experience for all employees, consider the following strategies to mitigate risks during your company’s holiday gathering. 1. Make Attendance Optional Clearly communicate that attendance at the holiday party is optional. It’s essential to create an environment where employees don’t feel pressured to attend, as this can lead to resentment or claims of discrimination. Ensure that managers understand the importance of not implying that attendance is linked to performance evaluations. 2. Keep It Non-Work Related To maintain the festive spirit, avoid any work-related activities, such as presentations or updates. Hosting the event off-site and outside of regular business hours can reinforce the idea that this gathering is a time for relaxation and fun. Allowing employees to bring a guest can also enhance the social atmosphere. 3. Set Clear Expectations Prior to the event, establish guidelines around respectful behavior and responsible drinking. Remind employees that company policies, including those regarding harassment and conduct, remain in effect during the festivities. 4. Monitor Alcohol Service Plan to manage alcohol service carefully. Ensure that no minors or visibly intoxicated individuals are served alcohol. Consider hiring professional servers or holding the event at a venue with trained staff who can refuse service to those who have had enough to drink. 5. Opt for a Cash Bar Hosting a cash bar can reduce liability, as it signals that the company is not providing alcohol directly. This approach may also limit consumption, as employees will be more mindful of their spending. 6. Limit Alcohol Intake Distributing a set number of drink tickets can help control the amount of alcohol each attendee consumes. While this tactic has limitations, it can be beneficial in promoting responsible drinking. 7. Choose Appropriate Entertainment Select entertainment and venues that foster a respectful and inclusive atmosphere. Avoid any activities that could be seen as provocative or offensive, as these settings can lead to uncomfortable situations, especially when combined with alcohol. 8. Plan for Safe Transportation Make arrangements for employees to get home safely after the event. Options may include providing ride-sharing services, public transportation vouchers, or organizing group transportation. Encouraging attendees to designate a sober driver at the beginning of the party can also be an effective strategy. 9. Offer Food and Non-Alcoholic Beverages Provide a variety of food and non-alcoholic drinks. This consideration not only helps ensure the safety of employees but also demonstrates that the company values all attendees, including those who may not wish to consume alcohol. 10. Act Responsively If an employee is visibly intoxicated and needs assistance getting home, don’t hesitate to arrange transportation. It’s crucial to prioritize employee safety over any reluctance to intervene, as taking swift action can prevent serious consequences. Conclusion By implementing these strategies, employers can create a holiday party that fosters enjoyment while prioritizing safety and respect. With thoughtful planning and proactive measures, your company’s celebration can be a memorable and positive experience for all employees. Happy holidays from Simco!
In April 2024, we shared the U.S. Department of Labor’s (DOL) announcement of a new overtime rule under the Fair Labor Standards Act (FLSA), setting higher salary thresholds for white-collar exemptions, which first took effect on July 1, 2024. Now, as the second increase approaches, employers should prepare for the final phase of the rule, effective January 1, 2025, when salary levels will again rise for executive, administrative, and professional employees, as well as highly compensated employees. What Are the New Salary Thresholds? Starting January 1, 2025, employers will need to ensure that salaries meet the new DOL requirements to maintain overtime exemptions: Executive, Administrative, and Professional (EAP) Employees: To qualify for the overtime exemption, EAP employees must now earn a minimum salary of $58,656 per year (or $1,128 per week). Highly Compensated Employees (HCE): HCEs must earn at least $151,164 annually to maintain their exempt status under the new guidelines. These changes aim to ensure fair compensation and proper classification for employees, helping prevent wage and hour violations. Action Steps for Employers While there may be challenges ahead, employers must take proactive steps to get ready for the rule’s implementation as scheduled. Here are some recommended actions: Evaluate Your Workforce and Classifications: Review exempt roles, including job responsibilities and salary levels, to determine how upcoming changes will affect your organization and identify any necessary adjustments. Seek Legal Guidance: Collaborate with your legal team to understand the new rule's implications and ensure compliance with state laws. Prepare for Changes: Develop strategies for potential reclassifications, including necessary training and clear communication plans to inform affected employees about changes to their status and compensation. Final Thoughts As you prepare for the upcoming changes in the DOL's overtime rule, take this opportunity to review and optimize your compensation practices. Ensuring that employee classifications and salaries align with the new thresholds will help safeguard your organization against compliance issues and promote a fair work environment for all employees. If you need assistance or have questions, contact Simco !
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