Simco Blog

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 !

As we move into October, businesses have a unique opportunity to focus on safety in the workplace and beyond. October is Fire Prevention Month, with Fire Prevention Week running from October 6–12, 2024. This year’s theme, announced by the National Fire Protection Association® (NFPA®), is “Smoke alarms: Make them work for you!” – an essential reminder for both employers and employees to prioritize fire safety measures in all environments, whether at work or at home. Why Fire Safety Matters for Your Business For employers, fire safety is more than just a legal requirement; it’s about ensuring the well-being of employees and safeguarding company property. Fires can happen anywhere, at any time, and while workplace fire drills and safety measures are critical, it’s equally important that employees extend these safety practices to their homes. According to the NFPA, three out of five fire-related deaths in the U.S. occur in homes without working smoke alarms or where no smoke alarms are present at all. Ensuring that your employees are educated about the importance of fire safety, both in the workplace and at home, can be life-saving. Fire Prevention Week 2024: What Employers Should Know This year’s Fire Prevention Week campaign aims to raise awareness about the life-saving power of smoke alarms, which, when properly installed and maintained, reduce the risk of dying in a home fire by over 50%. For business leaders, it's a great time to encourage fire safety awareness through simple steps employees can take at home. Here are some key takeaways from this year’s theme: Install smoke alarms in every bedroom, outside sleeping areas, and on each level of the home. Test smoke alarms monthly by pressing the test button. Replace smoke alarms every 10 years or sooner if they aren’t functioning correctly. Consider sensory needs: Make sure smoke alarms meet the needs of everyone in the household, including those with disabilities. What Businesses Can Do This Month Fire Prevention Week and Month isn’t just about personal home safety—it also extends to the workplace. Business owners can take proactive steps to create a fire-safe environment and ensure employees are prepared in case of an emergency. Here’s how you can get involved:  Review Workplace Fire Safety Protocols Make sure your employees are familiar with your workplace fire prevention measures, exit routes, and safety equipment locations (such as fire extinguishers). Consider conducting a fire drill or a safety walkthrough this month. Share Fire Safety Resources Direct your employees to the NFPA's Fire Prevention Week resources on NFPA.org . These tools offer educational materials that your team can easily access to stay informed about fire prevention practices. Encourage Home Fire Safety Emphasize the importance of fire safety beyond the workplace by encouraging your employees to check the smoke alarms in their homes. You can distribute helpful reminders or even host a fire safety awareness session to educate your team on key best practices. Create a Culture of Safety Fire safety should be an ongoing conversation in your business, not just during October. By instilling a culture of safety, you ensure that both your employees and your workplace remain protected year-round. Conclusion Fire Prevention Month is a timely reminder of the importance of safety—both in the workplace and at home. As a business owner, you play a critical role in encouraging awareness and proactive measures that could save lives. Join the nationwide effort this October by revisiting your workplace fire safety protocols and sharing essential fire prevention tips with your employees. Together, we can create safer environments, ensuring that whether at home or work, everyone is prepared and protected. For more information and resources on Fire Prevention Week and the 2024 theme, “Smoke alarms: Make them work for you!”, visit the official NFPA site at fpw.org .

As workplace safety becomes an increasing priority for businesses, new laws are emerging to protect employees, especially in industries that face higher risks of violence. If you’re an employer in the retail sector, it’s important to stay informed about the upcoming compliance requirements in New York. Starting March 4, 2025, all retail businesses with 10 or more employees must have a written Workplace Violence Prevention Policy and a formal Employee Training Program in place. Let’s break down what you need to know and how to prepare for these new regulations. Who Does This Apply To? This new law, signed on September 5, 2024 (A08947), applies to employers in retail settings where 10 or more employees work. The scope is specific to retail stores, excluding businesses that primarily sell food for consumption on-site, such as restaurants and cafes. As part of this requirement, your business must create a written policy on workplace violence prevention and ensure employees are trained annually. Both the policy and training program must be presented to employees in their primary language upon hire and during annual training sessions. What Should the Workplace Violence Prevention Policy Include? The policy must clearly outline how your business will: Identify and assess potential hazards of workplace violence. Implement preventive measures to mitigate those risks. Define the roles and responsibilities of management and staff in maintaining a safe work environment. Establish procedures for reporting, investigating, and responding to workplace violence incidents. The New York Department of Labor (NYDOL) is expected to release a model policy and training materials that employers can adopt and implement. These resources are designed to help ease the burden on businesses by providing a ready-to-use framework. If you prefer, you can also develop your own policy and training program, as long as they meet or exceed the minimum standards set by the state. Why is This Important? Workplace violence is a significant concern, particularly in retail environments where employees interact with the public. According to OSHA, nearly 2 million U.S. workers report being victims of workplace violence every year, and retail workers are often at higher risk due to frequent exposure to volatile customer interactions, cash transactions, and late working hours. By implementing these new policies and training programs, not only are you complying with legal requirements, but you’re also taking proactive steps to protect your employees and minimize the risk of violent incidents. Additional Panic Button Requirement for Large Retailers In addition to the workplace violence prevention policy and training, businesses with 500 or more retail employees nationwide must also implement a panic button system by January 1, 2027. This can be fulfilled by providing employees with wearable panic buttons or mobile phone-based panic button solutions. These devices must be available throughout the workplace, giving employees an immediate means to signal for help in the event of a violent or dangerous situation. This added layer of protection is crucial in large retail settings where employees may be spread across different areas of the store, making it difficult to alert colleagues or security quickly during an emergency. Steps to Take Now While the effective dates may seem far off, preparing early is key to ensuring compliance and safeguarding your employees. Here are some steps you can take now: Review Your Current Safety Policies: If you already have safety policies in place, assess whether they address workplace violence adequately. If not, begin outlining a strategy for incorporating these new requirements. Stay Informed: Keep an eye on updates from the New York Department of Labor, as the model policy and training materials will help guide your compliance efforts. Consider Panic Button Options: If your business falls under the 500+ employee requirement, start researching panic button systems that can be implemented in your stores. Prepare Your Team: Start communicating these upcoming changes with your HR team and managers. Early planning ensures a smooth transition when the law goes into effect. Looking Ahead The workplace violence prevention policy and panic button requirements reflect a broader trend toward enhancing workplace safety across the retail industry. By complying with these new laws, you’re not only protecting your business from potential penalties but also fostering a safer, more supportive environment for your employees. Stay tuned for further updates, and don't hesitate to reach out to us if you have any questions about how this impacts your business.

With Election Day fast approaching, now is the perfect time for employers to ensure they’re fully informed about their responsibilities regarding voting leave laws and mandatory notices. Elections are a cornerstone of democracy, and it’s important to make sure your employees have the opportunity to exercise their right to vote without unnecessary hurdles. Many states have laws in place requiring employers to provide time off, sometimes paid, for employees to cast their ballots. As an employer, staying compliant and encouraging your workforce to vote helps foster a supportive and engaged environment. Additionally, it's crucial to understand any obligations you may have to notify employees of their rights around voting leave. Especially with the rise of remote work, ensuring all employees are aware of these rights—whether they are working on-site or remotely—demonstrates a commitment to both legal compliance and the well-being of your team. Let’s take a closer look at what you need to know as we approach the November 5 election. Voting Leave Most states require that employers provide at least a few hours off to vote, and sometimes those hours need to be paid. Often these laws require very little advance notice from employees about their need for leave, so employers should be prepared to grant last-minute requests to leave work to vote. If you’re in a state with early voting, you may want to encourage employees to take advantage of that option—by offering the same time-off benefit—to reduce the number of absences on Election Day. The availability of early voting and absentee ballots, however, doesn’t change an employee’s right to vote on Election Day if that’s their preference. Required Notices California, DC, and New York also require that employers post a notice about employees’ voting rights in a conspicuous location in the workplace. Employees who work from home or don’t report to the workplace regularly should be provided with these notices electronically. New York New York requires the notice to be posted at least 10 working days before the November 5 election (this would be October 22 for a Monday through Friday workplace). New York’s notice is available here . By understanding and adhering to your state’s voting leave laws and notice requirements, you not only stay compliant but also contribute to a positive, supportive workplace culture. Make sure your employees know their rights, and encourage them to get out and vote. A little preparation now will ensure a smooth Election Day for your team and your business.

According to a Glassdoor report , in the year after the launch of ChatGPT, usage of that tool or those like it by professionals in the workplace more than doubled. Are you using an AI tool to help you with your work tasks? Have you considered doing so? If so, read on. There are advantages to be had and risks to note. The Basics of AI Artificial intelligence (better known as AI) is an umbrella term for a machine’s ability to make predictions, recommendations, decisions, and perform other tasks that would normally require human intelligence. Generative AI models, for instance, can create text, image, audio, and video in response to user prompts. ChatGPT is a kind of generative AI tool called a large language model. It functions similarly to the text predictor on your text messaging app—the feature that predicts and suggests what your next word will be—but at a much greater scale and with much more sophistication. It’s important to note that AI is not actually intelligent. It isn’t cognitive or aware. If you asked ChatGPT to give you a compliment, the AI model would say something nice about you, but it wouldn’t mean it. It isn’t capable of feelings, perceptions, or opinions. Given this limitation, AI should not be used as a substitute for human judgment. The Legal Landscape All the laws that govern employment still apply when you use AI to help make decisions or take action. Hiring and promotional decisions based on AI must still be free of discrimination. AI used in conjunction with providing and administering employee benefits must comply with the Employee Retirement Income and Security Act (ERISA) for covered employers. Using AI for data analysis must still comply with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH Act), and other laws. AI does not absolve you of your compliance obligations. As more and more AI solutions enter the market and AI becomes further integrated into the workplace, we can expect more legislative and regulatory activity. Best Practices If you decide to leverage AI for HR and compliance purposes, we recommend the following practices: Be diligent when considering and testing AI tools—no AI tool will be perfect, but some may be more reliable than others. Consult with an attorney when vetting AI vendors and reviewing contracts. Maintain the highest level of privacy practices and standards with all information exchanged with an AI tool. Implement and enforce an AI policy or set of guidelines so employees understand how they should and shouldn’t use AI at work. Rely on human expertise to evaluate what AI creates for you. As when using any knowledge-supporting tool (e.g., a search engine), assume it can and will make mistakes. Set aside time to fact check information and materials created by an AI tool and monitor AI use for discriminatory outcomes and other unlawful practices. Make sure any AI product your organization uses aligns with and contributes to your business needs. Keep your actual pain points in mind when thinking about ways to leverage AI tools. Survey employees about aspects of their work they dislike the most and areas of their work they think may benefit from an AI solution. Develop an AI strategy that explains what you’re using AI to accomplish and how you’ll measure success. Periodically evaluate your uses of AI against those goals and metrics. For example, if a goal for using AI is to save time, does using it in fact save time? Be transparent with employees regarding your point of view and intentions related to AI. Not everyone is excited about AI and what it means for their jobs. People have very strong feelings about it, positive and negative. As you develop and implement AI practices, monitor morale, solicit employee feedback, and show your appreciation for it. You’ll likely get more buy-in from employees if they have a say in how AI changes their work. Encourage employees to share how they’re using AI and what’s working and not working. Ensure that everyone feels safe raising concerns, asking for help, or admitting that AI isn’t working as the company may have hoped. Plan for continued education and constant monitoring. AI technology is advancing rapidly. Employees will need regular training as models develop and new laws pass. Continuously monitor federal and state law. Practices to Avoid Some practices may spell trouble for your organization. We recommend avoiding the following: Assuming an AI model or its output complies with federal and state laws. When asked to draft a termination letter, for example, an AI tool may produce a letter that cites reasons for the termination that it pulls out of thin air—and those reasons may even be unlawful. Don’t hand over AI generated resources or publish AI produced copy without thoroughly vetting it. Assuming AI’s sources are reliable or real. Just because AI tells you a law, regulation, or court case exists or says a certain thing doesn’t mean it does. Allowing yourself to be persuaded by AI’s confident tone. AI can sound authoritative when what it’s telling you is wrong or completely made up. Relying on AI to make employment-related decisions. AI does not provide you with a “get out of liability free” card. Using AI technology to analyze employee data containing protected health or personally identifiable information. Creating legal or legally required documents with generative AI. Uploading anything into an AI model that you wouldn’t want shared publicly.  Replacing human expertise with AI content. In conclusion, while AI tools can offer significant advantages in streamlining workplace tasks and decision-making, it's crucial to navigate their use with caution. Adhering to legal standards, maintaining privacy, and integrating human oversight are essential to harnessing the benefits of AI responsibly. By approaching AI thoughtfully, organizations can leverage its capabilities while mitigating potential risks and ensuring compliance with relevant regulations.

To get ready for open enrollment, employers who sponsor group health plans should be aware of compliance changes affecting the design and administration of their health plans for plan years beginning on or after Jan. 1, 2025. These changes include limits that are adjusted for inflation each year, such as the Affordable Care Act’s (ACA) affordability percentage and cost-sharing limits for high deductible health plans (HDHPs). Employers should review their health plan’s design to confirm that it has been updated, as necessary, for these changes. In addition, any changes to a health plan’s benefits for the 2025 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, such as the summary of benefits and coverage (SBC), when applicable. Some participant notices must also be provided annually or upon initial enrollment. To minimize costs and streamline administration, employers should consider including these notices in their open enrollment materials. Plan Design Changes ACA Affordability Standard The ACA requires ALEs to offer affordable, minimum-value health coverage to their full-time employees (and dependents) or risk paying a penalty to the IRS. This employer mandate is also known as the “pay-or-play” rules. An ALE is an employer with at least 50 full-time employees, including full-time equivalent employees, during the preceding calendar year. An ALE’s health coverage is considered affordable if the employee’s required contribution for the lowest cost self-only coverage that provides minimum value does not exceed 9.5% (as adjusted) of the employee’s household income for the taxable year. For plan years beginning in 2024, the adjusted affordability percentage is 8.39%. The affordability percentage for plan years beginning on or after Jan. 1, 2025, has not been released yet. Going forward, ALEs should take the following steps: Monitor future developments for the IRS’ release of the affordability percentage for 2025; and Once the affordability percentage is released, confirm that at least one of the health plans offered to full-time employees satisfies the ACA’s affordability standard. Because an employer generally will not know an employee’s household income, the IRS has provided three optional safe harbors that ALEs may use to determine affordability based on information that is available to them: the Form W-2 safe harbor, the rate-of-pay safe harbor and the federal poverty line safe harbor. Out-of-Pocket Maximum Limits Non-grandfathered health plans and health insurance issuers are subject to limits on cost sharing for essential health benefits (EHB). EHBs reflect the scope of benefits covered by a typical employer plan and must include items and services in 10 general categories, including emergency services, hospitalization, ambulatory patient services, prescription drugs, pregnancy, maternity and newborn care, mental health and substance use disorder services, rehabilitative and habilitative services, laboratory services, preventive and wellness services and chronic disease management, and pediatric services. The annual limits on total enrollee cost sharing for EHB for plan years beginning on or after Jan. 1, 2025, are $9,200 for self-only coverage and $18,400 for family coverage. With this in mind, employers should take the following steps: Review the out-of-pocket maximum limits for the health plan to ensure they comply with the ACA’s limits for the 2025 plan year; and Keep in mind that the out-of-pocket maximum limits for HDHPs compatible with HSAs must be lower than the ACA’s limits. For the 2025 plan year, the out-of-pocket maximum limits for HDHPs are $8,300 for self-only coverage and $16,600 for family coverage. Preventive Care Benefits The ACA requires non-grandfathered health plans and issuers to cover a set of recommended preventive services without imposing cost-sharing requirements, such as deductibles, copayments or coinsurance, when the services are provided by in-network providers. The recommended preventive care services covered by these requirements are: Evidence-based items or services with an A or B rating in recommendations of the U.S. Preventive Services Task Force; Immunizations recommended by the Advisory Committee on Immunization Practices for routine use in children, adolescents and adults; Evidence-informed preventive care and screenings in guidelines supported by the Health Resources and Services Administration (HRSA) for infants, children and adolescents; and Other evidence-informed preventive care and screenings in HRSA-supported guidelines for women. Health plans and issuers are required to adjust their first-dollar coverage of preventive care services based on the latest preventive care recommendations. In general, coverage must be provided for a newly recommended preventive health service or item for plan years beginning on or after the one-year anniversary of when the recommendation was issued. For example, health plans and issuers must cover screenings for anxiety disorders in adults , including pregnant and postpartum patients, effective for plan years beginning on or after June 30, 2024 (e.g., the plan year beginning Jan. 1, 2025, for calendar-year plans). More information on the recommended preventive care services is available at www.HealthCare.gov . Before the beginning of the 2025 plan year, employers should take the following step: Confirm the health plan covers the latest recommended preventive care services without imposing any cost sharing when the care is provided by in-network providers. Health FSA Contributions The ACA imposes a dollar limit on employees’ pre-tax contributions to a health FSA. This limit is indexed each year for cost-of-living adjustments. An employer may set their own dollar limit on employees’ contributions to a health FSA as long as the employer’s limit does not exceed the ACA’s maximum limit in effect for the plan year. For plan years beginning in 2024, the health FSA limit is $3,200. The IRS has not yet released the health FSA limit for plan years beginning in 2025. Moving forward, employers with health FSAs should take these steps: Monitor future developments for the release of the health FSA limit for 2025; Once the IRS releases the health FSA limit, confirm that employees will not be allowed to make pre-tax contributions in excess of the limit for the 2025 plan year; and Communicate the health FSA limit to employees as part of the open enrollment process. HDHP and HSA Limits The IRS limits for HSA contributions, HDHP minimum deductibles and HDHP maximum out-of-pocket expenses all increase for 2025. The HSA contribution limits will increase effective Jan. 1, 2025, while the HDHP cost-sharing limits will increase effective for plan years beginning on or after Jan. 1, 2025. Looking ahead, employers should take these steps:  Check whether HDHP cost-sharing limits need to be adjusted for the 2025 limits; and Communicate HSA contribution limits for 2025 to employees as part of the enrollment process. The following table contains the HDHP and HSA limits for 2025 compared to 2024. It also includes the catch-up contribution limit that applies to HSA-eligible individuals age 55 and older, which is not adjusted for inflation and stays the same from year to year.

On May 9, 2024, the IRS released Revenue Procedure 2024-25 to provide the inflation-adjusted limits for health savings accounts (HSAs) and high deductible health plans (HDHPs) for 2025. The IRS is required to publish these limits by June 1 of each year. These limits include the following: The maximum HSA contribution limit; The minimum deductible amount for HDHPs; and The maximum out-of-pocket expense limit for HDHPs. These limits vary based on whether an individual has self-only or family coverage under an HDHP. Eligible individuals with self-only HDHP coverage will be able to contribute $4,300 to their HSAs for 2025, up from $4,150 for 2024. Eligible individuals with family HDHP coverage will be able to contribute $8,550 to their HSAs for 2025, up from $8,300 for 2024. Individuals age 55 and older may make an additional $1,000 “catch-up” contribution to their HSAs. The minimum deductible amount for HDHPs increases to $1,650 for self- only coverage and $3,300 for family coverage for 2025 (up from $1,600 for self-only coverage and $3,200 for family coverage for 2024). The HDHP maximum out-of-pocket expense limit increases to $8,300 for self-only coverage and $16,600 for family coverage for 2025 (up from $8,050 for self-only coverage and $16,100 for family coverage for 2024). Action Steps Employers sponsoring HDHPs should review their plan’s cost-sharing limits (i.e., the minimum deductible amount and maximum out-of-pocket expense limit) when preparing for the plan year beginning in 2025. Also, employers allowing employees to make pre-tax HSA contributions should update their plan communications with the increased contribution limits. HSA/HDHP Limits The following chart shows the HSA and HDHP limits for 2025 as compared to 2024. It also includes the catch-up contribution limit that applies to HSA-eligible individuals age 55 and older, which is not adjusted for inflation and stays the same from year to year.

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace. The guidance explains how the EEOC may enforce equal employment opportunity (EEO) laws against an employer when workplace harassment is alleged or suspected.  Background The EEO laws are a collection of federal laws that prohibit covered employers from discriminating against or harassing individuals based on certain characteristics. These characteristics, also known as protected traits, include race, color, religion, national origin, sex (including sexual orientation, gender identity and pregnancy, childbirth, or related medical conditions), disability, age (40 and older) and genetic information (including family medical history). Between 1987 and 1999, the EEOC issued several documents designed to guide agency staff members who investigate claims of harassment under EEO laws. The agency issued proposed enforcement guidance on these topics on Oct. 2, 2023. This final guidance consolidates and replaces the earlier documents. Final Guidance In its final guidance, the EEOC provides several updated examples to reflect a wide range of modern scenarios and address emerging issues, such as how social media posting and other online content may contribute to a hostile work environment. It also incorporates current case law, including the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, that discrimination on the basis of sexual orientation or gender identity constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (one of the EEO laws). The final guidance focuses on three main considerations to analyze in any workplace harassment claim: Whether the conduct is based on the individual’s legally protected trait; Whether the conduct resulted in a hostile work environment or explicit change to the terms or conditions of employment; and Whether there is any legal basis for holding the employer liable. The guidance explains that an employer may be liable for workplace harassment under several legal standards that often depend on the harasser’s relationship with the employer. The guidance also describes preventive and corrective actions an employer may take to help establish defenses against liability for workplace harassment. Employer Takeaways Although the final guidance is not legally binding, it provides insight into how the EEOC will investigate harassment claims. The EEOC also identifies a number of steps employers can take to prevent harassment, such as: Establishing a clear, easy-to-understand anti-harassment policy; Having a safe and effective procedure that employees can use to report harassment, including having more than one option for reporting; Providing recurring training to all employees (including supervisors and managers) about the company’s anti-harassment policy and complaint process; and Taking steps to ensure the anti-harassment policy is being followed and the complaint process is working. Employers should consider reviewing and familiarizing themselves with the updated guidance. For additional information, employers may review other EEOC resources regarding workplace harassment, including: EEOC Harassment Home Page EEOC Sexual Harassment Home Page Summary of Key Provisions : EEOC Enforcement Guidance on Harassment in the Workplace Questions and Answers for Employees : Harassment at Work

Highlights The CDC has dropped the five-day isolation recommendation for COVID-19-positive individuals. People are now advised to stay home until they have been fever-free for 24 hours and symptoms are improving. Not all COVID-19-specific employee leave laws have expired. Federal and state family and medical leave laws, and state and local sick leave laws, will often apply to employees with COVID-19. Important Date March 1, 2024: The CDC revised its isolation recommendations for people with COVID-19. The Centers for Disease Control and Prevention’s (CDC) new guidance that individuals no longer need to isolate from work for five days following a positive COVID-19 test may raise questions with employers about what leave they are required to provide to employees with the virus. The revised guidance, issued March 1, 2024, advises that people who are sick with COVID-19 or another respiratory virus stay home and away from others. However, isolation is not necessary if an individual with COVID-19 has been fever-free for at least 24 hours without medication and their symptoms are improving. The guidance states that the period people should stay home and away from others could be shorter, the same or longer than the previous guidance for COVID-19 isolation. The new guidance is not applicable to health care settings, which have their own CDC recommendations . From an employee leave perspective, employers should note that while most COVID-19-specific employee leave laws have expired, some—like New York state’s—are still in effect. Moreover, state and local paid sick leave laws that are not specific to COVID-19 apply to illness generally, including for a worker experiencing COVID-19 symptoms like fever. Some of these laws have specific provisions concerning communicable disease. In addition, sick workers may be eligible for leave for their own illness or to care for an ill family member under the federal Family and Medical Leave Act or similar state family and medical leave laws. Action Steps Employers should familiarize themselves with any remaining state or local COVID-19 leave laws that apply to them. They should also ensure compliance with non-COVID-19 federal, state and local leave law mandates, as they may apply to workers with COVID-19.

Keeping up with compliance developments can be difficult and time-consuming. This quarterly update highlights recent legal developments to help your organization stay on top of new requirements and minimize its compliance risks. Recent Federal Developments  DOL Issues Independent Contractor Final Rule On Jan. 10, 2024, the U.S. Department of Labor (DOL) issued a final rule, effective March 11, 2024, revising its guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The DOL’s new rule reinstates the multifactor and totality-of-the-circumstances analysis, which is generally viewed as more employee-friendly. As a result, the new rule will likely lead to more workers being classified as employees. DOL Updates Model Employer CHIP Notice The DOL has released a new model employer Children’s Health Insurance Program (CHIP) notice with information current as of Jan. 31, 2024. An employer is subject to this annual notice requirement if its group health plan covers participants who reside in a state that provides a premium assistance subsidy under a Medicaid plan or a CHIP, regardless of the employer’s location. The DOL’s model notice, which employers may use for this disclosure, is updated periodically to reflect changes in the states that offer premium assistance subsidies. Employers Must Use New Form I-9 As of Nov. 1, 2023, employers are required to use the newest version of the Employment Eligibility Verification form (Form I-9). The new Form I-9 includes updated instructions and many notable changes, including alternative remote verification procedures that employers enrolled in E-Verify can use to comply with their Form I-9 obligations. Employers should ensure they are using the new Form I-9, as continuing to use the outdated Form I-9 can trigger penalties. NLRB Issues New Joint Employer Final Rule On Oct. 27, 2023, the National Labor Relations Board released a final rule establishing new, broader criteria for determining joint-employer status. Joint employment situations can happen when two or more employers share personnel hiring, supervision and management practices. When a joint employment status exists, joint employers are equally responsible for compliance with applicable laws and regulations. The final rule had been set to take effect on Feb. 26, 2024. However, on Feb. 22, 2024, a federal judge in the U.S. District Court for the Eastern District of Texas delayed the implementation of the final rule to Mar. 11, 2024. DOL Increases Civil Penalty Amounts for 2024 On Jan. 11, 2024, the DOL released its 2024 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including the FLSA, ERISA, the Family and Medical Leave Act, and the Occupational Health and Safety Act. For example, the maximum penalty for failing to file a Form 5500 for an employee benefit plan increased from $2,586 to $2,670 per day. Employers should periodically review their pay practices, benefit plan administration and safety protocols to ensure compliance with federal requirements. EEOC Increases Enforcement Activity The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal employment discrimination laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Pregnant Workers Fairness Act. The EEOC experienced several noteworthy changes in 2023, including new leadership, structural changes and an increased budget. It also multiplied its enforcement efforts; at the end of fiscal year 2023, the agency reported a 52% increase in lawsuit filings from the previous year. These efforts are likely to continue in 2024. Recent State Developments New York Increases Salary Threshold for Exempt Employees On Sept. 15, 2023, New York State amended its Labor Code to increase the salary threshold executive, administrative and professional (EAP) employees must meet in order to qualify for the state’s exemptions from pay frequency laws. Beginning March 13, 2024, EAP employees who earn less than $1,300 per week (up from $900 per week) will be subject to the same wage payment protections as other nonexempt employees. For more information on these topics, please contact Simco.

Each year, group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS), indicating whether the plan’s prescription drug coverage is creditable or non-creditable. This disclosure requirement applies when an employer-sponsored group health plan provides prescription drug coverage to individuals who are eligible for coverage under Medicare Part D. CMS Disclosure Deadline The plan sponsor must complete the online disclosure within 60 days after the beginning of the plan year . For calendar year health plans, the deadline for the annual online disclosure is Feb. 29, 2024 (since 2024 is a leap year). In addition to the annual disclosure requirement, the disclosure to CMS must be made whenever any change occurs that affects whether the coverage is creditable. More specifically, within 30 days after any change in the plan’s creditable coverage status or after the termination of a plan’s prescription drug coverage. Online Disclosure Method Plan sponsors are required to use the online disclosure form on the CMS creditable coverage website. This is the sole method for compliance with the disclosure requirement unless the entity does not have internet access. The disclosure form lists the required data fields that must be completed in order to generate the disclosure notice to CMS, such as types of coverage, number of options offered, creditable coverage status, period covered by the disclosure notice, number of Part D-eligible individuals covered, date the creditable coverage disclosure notice is provided to Part D-eligible individuals, and change in creditable coverage status. CMS has also provided guidance and instructions on how to complete the form. Action Steps To determine whether the CMS reporting requirement applies, employers should verify whether their group health plans cover any Medicare-eligible individuals (including active employees, disabled employees, COBRA participants, retirees, and their covered spouses and dependents) at the start of each plan year. Employers that are required to report to CMS should work with their advisors to determine whether their prescription drug coverage is creditable or non-creditable. They should also visit CMS’ creditable coverage website , which includes links to the online disclosure form and related instructions. Important Dates Feb. 29, 2024 The deadline for sponsors of calendar year plans to complete an online disclosure form with CMS. Oct. 14, 2024 The deadline for group health plan sponsors to provide creditable coverage disclosures to Medicare-eligible individuals.

In 2024, leap day will occur on Thursday, Feb. 29. A leap year can create administrative and compliance challenges for organizations every four years. For example, a leap year can impact payroll processing or tax reporting obligations by adding an extra payday to the year. This can increase the number of pay periods from 26 to 27 for employees paid biweekly or from 52 to 53 for employees paid weekly, potentially altering how employees are paid. As a result, it’s essential that employers understand their compliance obligations and assess how an extra day in 2024 may impact any compliance requirements and deadlines. This article explores how the 2024 leap year can impact compliance deadlines and how employers can proactively prepare and navigate any potential changes. However, the compliance considerations presented in this article are only examples. Employers should consult with their legal counsel to address any specific issues. Payroll Considerations Adding an extra day in February 2024 can create an additional pay period for employees who are paid on a weekly or biweekly basis. In 2024, there will be 53 Mondays and 53 Tuesdays. Therefore, weekly or biweekly salaried employees paid on either of these days will have an extra pay period. However, salaried employees paid monthly or semimonthly and employees paid hourly will not be impacted. When faced with an extra pay period, most employers decide not to change how they pay employees each pay period despite the additional cost. As a result, impacted employees receive an additional pay period for the year, resulting in slightly higher salaries. Other organizations may opt to change their pay frequency or date to account for a leap year. Some employers may decide to keep employees’ total annual salary the same but spread it out over the entire year. Employers can do this by counting the number of pay periods that will occur during the year and adjusting employee paychecks to account for an extra pay period. However, because of the extra pay period, employees would receive slightly less each paycheck, even though their total annual salary will remain the same. This can create confusion or negatively impact employees unless employers explain ahead of time why workers will receive slightly less each pay period, allowing employees time to prepare. Additionally, employers can explain that an extra pay period may impact employee deductions for benefits and contributions to retirement or health savings plans. IRS tax withholding requirements do not change when there’s an additional pay period during the year. Therefore, employers must adjust their withholding calculations to ensure they withhold sufficient federal, state and local income taxes. To help avoid errors and ensure accurate payroll calculations, employers can review their payroll systems to ensure they can address leap-year payroll correctly. This can include accounting for an additional pay period, if applicable; withholding taxes correctly; and reviewing pay dates so employees are paid on time. Organizations can also prepare for an additional pay period by ensuring proper budgeting and cash flow to avoid any issues. Benefits Considerations Health plan deductions are typically determined by the number of pay periods. As a result, a leap year may force employers to recalculate health plan deductions. Additionally, a leap year can impact employee contributions to 401(k)s, health savings accounts and flexible savings accounts, requiring employees to adjust how much is deducted from each paycheck to ensure they contribute the maximum amount by the end of the year. Therefore, it’s important employers communicate how a leap year may impact employee contributions and allow employees sufficient time to adjust. The IRS recently finalized reporting regulations under the Affordable Care Act that established a permanent 30-day automatic extension from Jan. 31 for employers to furnish Form 1095-C to employees. According to IRS guidance, applicable large employers must furnish Forms 1095-C to their employees no later than March 2. However, because of the 2024 leap year, the deadline this year is March 1, 2024. Moreover, the Medicare Modernization Act requires organizations whose health care policies include Medicare prescription drug coverage to notify Medicare-eligible policyholders whether their prescription drug coverage is creditable. These entities must report the credible coverage status of their prescription drug plan to the Centers for Medicare (CMS) no later than 60 days from the beginning of a plan year. If a plan year starts at the beginning of the year, employers typically have until March 1 to report to the CMS. In 2024, however, the reporting must be done by Feb. 29. Employer Compliance Considerations The 2024 leap year may also impact certain employer compliance requirements. Employers should review their compliance obligations to ensure they avoid any potential violations. While many laws are silent on the impact of a leap year, employer obligations are not altered. For example, the Fair Labor Standards Act (FLSA), which establishes minimum wage, overtime pay, recordkeeping and youth employment standards, does not specifically address leap-year considerations. However, since a leap year can create 27 or 53 pay periods (rather than 26 and 52), an employee’s weekly salary may drop below the federal or state-exempt salary threshold in certain circumstances. If this occurs, that employee would lose their FLSA exempt status, which could result in wage and hour violations if not properly addressed. Calculating any pay period adjustments at the start of the year can help employers prepare and avoid potential FLSA overtime and meal and rest break violations that may occur if employees lose their FLSA exempt status due to the additional pay period. Additionally, employers can review offer letters and other compensation-related documents, including collective bargaining agreements, to determine how best to account for any extra pay periods. In some instances, these documents may state how frequently employees must be paid (e.g., weekly, biweekly). Reviewing these documents can help organizations comply with their legal obligations when determining how to adjust employee compensation during a leap year. Summary The additional day in 2024 may present various administrative and compliance challenges for some organizations. Understanding how a leap year impacts compliance requirements can enable employers to prepare and help them avoid costly mistakes. By taking a proactive approach and reassessing timelines, employers can help ensure they meet any compliance requirements and mitigate any potential legal risks.  Contact us today for more workplace guidance.

The Department of Labor (DOL) has released its 2024 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including: The Fair Labor Standards Act (FLSA) The Employee Retirement Income Security Act (ERISA) The Family and Medical Leave Act (FMLA) The Occupational Safety and Health Act (OSH Act) To maintain their deterrent effect, the DOL is required to adjust these penalties for inflation, no later than Jan. 15 of each year. Key penalty increases include the following: The maximum penalty for violations of federal minimum wage or overtime requirements increases from $2,374 to $2,451 per violation. The maximum penalty for failing to file a Form 5500 for an employee benefit plan increases from $2,586 to $2,670 per day. The maximum penalty for violations of the poster requirement under the FMLA increases from $204 to $211 per offense. Action Steps Employers should become familiar with the new penalty amounts and review their pay practices, benefit plan administration and safety protocols to ensure compliance with federal requirements.

Employers subject to Affordable Care Act (ACA) reporting under Internal Revenue Code Sections 6055 or 6056 should prepare to comply with reporting deadlines in early 2024. The following employers are subject to ACA reporting under Sections 6055 and 6056: Employers with self-insured health plans (Section 6055 reporting); and Applicable large employers (ALEs) with either fully insured or self-insured health plans (Section 6056 reporting). ALEs are employers with 50 or more full-time employees (including full-time equivalent employees) during the preceding calendar year. Reporting Deadlines The following chart provides the ACA reporting due dates for 2023 calendar year reporting. Note that there are no reporting obligations for non-ALEs without a plan or non-ALEs with fully insured plans (because non-ALEs are not subject to Section 6056 reporting and the carrier will complete Section 6055 reporting).

Employers subject to Affordable Care Act (ACA) reporting under Internal Revenue Code Sections 6055 or 6056 should prepare to comply with reporting deadlines in early 2024. For the 2023 calendar year, covered employers must: Furnish statements to individuals by March 1, 2024 (an alternative method of furnishing statements to covered individuals is available in certain situations); and File paper returns with the IRS by Feb. 28, 2024 , or April 1, 2024 , if filing electronically. Beginning in 2024, employers that file at least 10 returns during the calendar year must file electronically. Penalties may apply if employers are subject to ACA reporting and fail to file returns and furnish statements by the applicable deadlines. Individual statements for 2023 must be furnished within 30 days of Jan. 31, 2024. Because 2024 is a leap year, the deadline for individual statements is March 1, 2024. In addition, electronic IRS returns for 2023 must be filed by March 31, 2024. However, since this is a Sunday, electronic returns must be filed by the next business day, which is April 1, 2024. Covered Employers The following employers are subject to ACA reporting under Sections 6055 and 6056: Employers with self-insured health plans (Section 6055 reporting) Applicable large employers (ALEs) with either fully insured or self-insured health plans (Section 6056 reporting) ALEs are employers with 50 or more full-time employees (including full-time equivalent employees) during the preceding calendar year. Note that ALEs with self-funded plans are required to comply with both reporting obligations. However, to simplify the reporting process, the IRS allows ALEs with self-insured plans to use a single combined form to report the information required under both Sections 6055 and 6056. Section 6055 and 6056 Reporting Section 6055 applies to providers of minimum essential coverage (MEC), such as health insurance issuers and employers with self-insured health plans. These entities generally use Forms 1094-B and 1095-B to report information about the coverage they provided during the previous year. Section 6056 applies to ALEs­­—generally, those employers with 50 or more full-time employees, including full-time equivalents, in the previous year. ALEs use Forms 1094-C and 1095-C to report information relating to the health coverage that they offer (or do not offer) to their full-time employees. Employers reporting under both Sections 6055 and 6056—specifically, ALEs with self-insured plans—use a combined reporting method by filing Forms 1094-C and 1095-C. Annual Deadlines Generally, forms must be filed with the IRS annually, no later than Feb. 28 (March 31, if filed electronically) of the year following the calendar year to which the return relates. Employers may receive an automatic 30-day extension to file with the IRS by completing and filing Form 8809 by the due date of the return. Additional extensions of time to file may also be available under certain hardship conditions. In addition, a reporting entity must furnish statements annually to each individual who is provided MEC (under Section 6055) and each of the ALE’s full-time employees (under Section 6056). Individual statements were generally due on or before Jan. 31 of the year immediately following the calendar year to which the statements relate. However, beginning with the 2021 calendar year, the IRS has provided an automatic extension of 30 days to furnish statements (Forms 1095-B and 1095-C) to individuals under Sections 6055 and 6056. Because the extension is automatic, reporting entities do not need to formally request an extension from the IRS. Under this deadline extension, statements furnished to individuals will be timely if furnished no later than 30 days after Jan. 31 of the year following the calendar year to which the statement relates. If the extended furnishing date falls on a weekend or legal holiday, statements will be timely if furnished on the next business day. New Electronic Filing Threshold There is a new electronic filing threshold for information returns required to be filed on or after Jan. 1, 2024, which has been decreased to 10 or more returns (originally, the threshold was 250 or more returns). Specifically, the instructions for 2023 returns (filed in 2024) provide the following clarifications and reminders: The 10-or-more requirement applies in the aggregate to certain information returns. Accordingly, a reporting entity may be required to file fewer than 10 of the applicable Form 1094 and 1095, but still have an electronic filing obligation based on other kinds of information returns filed (e.g., Forms W-2 and 1099). The electronic filing requirement does not apply to those reporting entities that request and receive a hardship waiver; however, the IRS encourages electronic filing even if a reporting entity is filing fewer than 10 returns. The formatting directions in the instructions are for the preparation of paper returns. When filing forms electronically, the formatting set forth in the “XML Schemas” and “Business Rules” published on IRS.gov must be followed rather than the formatting directions in the instructions. For more information regarding electronic filing, see IRS Publications 5164 and 5165 . Alternative Method of Furnishing Under Section 6055 As of 2019, the individual mandate penalty has been reduced to zero. As a result, an individual does not need the information on Form 1095-B to calculate their federal tax liability or file a federal income tax return. The IRS has provided an alternative manner for a reporting entity to furnish statements to individuals under Section 6055 , which applies for all years when the individual mandate penalty is zero. Under this alternative manner of furnishing, the reporting entity must post a clear and conspicuous notice on its website stating that responsible individuals may receive a copy of their statement upon request. The notice must include an email address, a physical address to which a request may be sent and a telephone number to contact the reporting entity with any questions. For 2023 statements, reporting entities must post the notice by March 1, 2024 , and must retain the website notice through Oct. 15, 2024. ALEs offering self-insured health plans are generally required to use Form 1095-C, Part III, to meet the Section 6055 reporting requirements, instead of Form 1095-B. A self-insured ALE may use this relief for employees who are enrolled in the ALE’s self-insured plan and are not full-time employees of the ALE, as well as for nonemployees (e.g., former employees) who are enrolled in the self-insured plan. However, an ALE may not use the alternative method of furnishing for full-time employees who are enrolled in the self-insured plan. Important Dates Feb. 28, 2024 Paper IRS returns for 2023 must be filed by this date. Reporting entities can file up to 10 returns on paper under the new filing threshold. March 1, 2024 Individual statements for 2023 must be furnished by this date. An alternative method of furnishing Forms 1095-B is available. April 1, 2024 Electronic IRS returns for 2023 must be filed by this date. Most employers must file electronically beginning in 2024. Individual Statements Furnishing Deadline The IRS extended the deadline for furnishing statements to individuals. The due date for filing with the IRS is unchanged. Furnishing Under Section 6055 The IRS has provided an alternative method for furnishing statements to individuals under Section 6055. This alternative method generally requires statements to be provided upon request only.

2024 Minimum Wage Rates By State Under federal and state laws, employers must compensate their employees with one and one-half their regular rate of pay for any hours of overtime work. However, under these laws, employees who work in an executive, administrative or professional (EAP) capacity are exempt from overtime pay if they satisfy, among other things, the salary level requirements for their exemption. Under federal law, the salary level requirement for the EAP exemption is $684 per week on a salary or fee basis. For highly compensated employees, the salary level is $107,432, which includes at least $684 per week paid on a salary or fee basis. Important Dates Jan 1., 2024: The minimum wage rate is expected to increase in 25 states. July 1, 2024: The minimum wage rate is expected to increase in the District of Columbia, Nevada, and Oregon. These rates will likely be published during the first half of 2024. Sept. 30, 2024: A new minimum wage rate is expected in Florida. Poster Requirements New minimum wage rates may require employers to visit individual states' department of labor websites to update their wage and hour notices. LINKS AND RESOURCES: U.S. Department of Labor table of minimum wage by state U.S. Department of Labor federal minimum wage page

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its Strategic Enforcement Plan (SEP) for fiscal years (FYs) 2024-28. The SEP establishes the agency’s subject matter priorities as it works to prevent and remedy discrimination in the workplace. In particular, the SEP updates and refines the commission’s subject matter priorities to reflect progress in achieving its goals of equal employment while recognizing the challenges that remain in reaching those goals. This plan will help guide the EEOC’s work, including outreach, education, technical assistance, enforcement and litigation. The EEOC’s subject matter priorities for FYs 2024-28 include the following: Eliminating barriers in recruitment and hiring Protecting vulnerable workers and individuals from underserved communities from employment discrimination Addressing selected emerging and developing issues, such as protections for workers affected by pregnancy, childbirth or related medical conditions; employment discrimination associated with the long-term effects of COVID-19 symptoms; and technology-related employment discrimination Advancing equal pay for all workers Preventing and remedying systemic harassment Preserving access to the legal system by addressing employment waivers, releases, and nondisclosure and nondisparagement agreements Employer Takeaways As the SEP will guide the agency’s enforcement priorities for the next five years, employers should consider reviewing the plan to determine how it may impact their organizations. We will keep you apprised of any notable updates.

Several key deadlines for employer-sponsored health plans were extended during an “outbreak period” associated with the COVID-19 national emergency. Now that the COVID-19 national emergency has ended, these deadline extensions are also coming to an end. According to FAQs issued by the Departments of Labor, Health and Human Services, and the Treasury (Departments), the outbreak period will end on July 10, 2023. The extensions applied to deadlines are shared here.

Employers who sponsor HDHPs should review their plan’s cost-sharing limits (minimum deductibles and maximum out-of-pocket expense limit) when preparing for the plan year beginning in 2024. Also, employers who allow employees to make pre-tax HSA contributions should update their plan communications for the increased contribution limits.

*For employers who are required to offer FMLA with 50+ employees Employee Notice of Leave: The federal Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with unpaid, job-protected leave for qualifying reasons. Under the law, employees must provide employers with notice of their need for FMLA leave. Serious Health Condition: FMLA requires covered employers to provide eligible employees with unpaid, job-protected leave for qualifying reasons. Qualifying reasons include needing time off due to the employee’s own serious health condition and caring for a spouse, son, daughter or parent who has a serious health condition.

These signs indicate that employers should be prepared for a potential uptick in investigations, mediations and lawsuits. As such, employers should review their workplace policies and procedures to ensure compliance with all applicable employment laws.

On July 6, 2021, the New York State Department of Labor (NYS DOL) in conjunction with the New York State Department of Health (DOH), released its Airborne Infectious Disease Exposure Prevention Standard (the “general standard”), an Airborne Infectious Disease Exposure Prevention Plan (the “model”), and 11 New York State industry-specific templates. Together, these form the basis for the New York State Health and Essential Rights (HERO) Act signed into law by Gov. Andrew Cuomo on May 5, 2021.

Review and Print a 2020 Year End HR Compliance Checklist

NYS Minimum Wage and Salary Basis Increases 2021