HR Alerts – Page 164

Benefits Consideration Post – DOMA

July 1, 2013/in HR Alerts

APPLIES TO

All Employers and Employees

EFFECTIVE

July 21, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

UPDATE: Please view our more recent HR Alert concerning this topic, available HERE.

On June 25, 2013, the U.S. Supreme Court ruled a section of the federal Defense of Marriage Act (DOMA) to be unconstitutional. This ruling now recognizes the legal union of same-sex couples in 12 states and the District of Columbia. While the court ruled part of DOMA as unconstitutional, it does not appear that this decision will be forced on states that currently do not recognize same-sex marriage and allows these states to continue to define marriage as the populist wants.

States of Colorado and Nevada Enact Laws Prohibiting Applicant and Employee Credit Checks

June 10, 2013/in HR Alerts

APPLIES TO

CO and NV Employers

EFFECTIVE

July 1, 2013 (Colorado)

October 1, 2013 (Nevada)

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On July 1 and October 1, 2013, Colorado and Nevada will become the ninth and tenth states, respectively, to enact laws restricting the use of credit-related information for hiring or other employment purposes. States that have enacted similar legislation are California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington. Listed below are summaries of the new Colorado and Nevada laws.

Form 5500 Filing – Reminder

June 4, 2013/in HR Alerts

APPLIES TO

Employers and Retirement Plan Administrators

EFFECTIVE

File deadline of no later than July 31, 2013 for plan years beginning in January and ending in December

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Many employers offer their employees retirement benefits such as a 401(k) Plan. If you are such an employer, each year your company must file an annual report to the IRS and U.S. Department of Labor (DOL) detailing the plan. Form 5500 is used to file this annual report and as of 2010, the form must be filed electronically.

State of Utah Enacts Social Media Password Law – Effective May 14, 2013

May 10, 2013/in HR Alerts

APPLIES TO

Utah Employers

EFFECTIVE

March 14, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On May 14, 2013, the Internet Employment Privacy Act (IEPA) becomes law in the state of Utah. This law prohibits employers from requiring employees or job applicants to disclose their password(s) or user name(s) for personal social media accounts. Utah joins the states of California, Delaware, Illinois, Maryland, Michigan, and New Jersey who have enacted similar legislation.

H1-B Visa Petition Submission Begins April 1, 2013

April 10, 2013/in HR Alerts

APPLIES TO

All Employers Who Employ or Wish to Employ Foreign Workers

EFFECTIVE

April 1, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

As of April 1, 2013 employers wanting to hire foreign workers through the H-1B visa program can begin filing petitions with U.S. Citizenship and Immigration Services (USCIS). Business use the H-1B program to employ foreign workers in specialty occupations requiring theoretical or technical expertise in specialized fields. Petitions submitted on or after April 1, 2013, will apply for the 2014 federal fiscal year (October 1, 2013- September 30, 2014).

USCIS Released a New Employment Eligibility Verification Form

March 14, 2013/in HR Alerts

APPLIES TO

All Employers

EFFECTIVE

May 7, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) released a new Employment Eligibility Verification Form I-9. Employers should begin using the new Form I-9 immediately. There is a grace period of sixty days, until May 7, 2013, during which the USCIS is allowing employers to use the previously valid Form I-9.

U.S. DOL Implements Laws Expanding FMLA Protections

March 1, 2013/in HR Alerts

APPLIES TO

Private-Sector Employers with 50 or more Employees

Public Agencies, Public or Private Elementary or Secondary Schools

EFFECTIVE

March 8, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Starting March 8, 2013 all companies of 50 or more employees must display an updated federal family leave poster. The final rule outlining the requirement was issued last week by the U.S. Department of Labor (DOL) to implement federal laws expanding Family and Medical Leave Act (FMLA) protections.

ACA Employer Notice of Exchange Coverage Deadline Delayed

February 21, 2013/in HR Alerts

APPLIES TO

All Employers and Employees

EFFECTIVE

NO LONGER effective as of March 1, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Department of Labor has announced that the requirement for employers to provide notice of Insurance Exchanges to their employees will not take effect on March 1, 2013 as it was originally scheduled. The Affordable Care Act (ACA) amended the Fair Labor Standards Act (FLSA) requiring employers to send a notice describing certain elements of exchanges and subsidy eligibility to employees by March 1, 2013.

Key Change: AB 1396 and Written Commission Agreements

December 17, 2012/in HR Alerts

APPLIES TO

All Employers and Commissioned Employees

EFFECTIVE

January 1, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Starting January 1, 2013, all in-state and out-of-state employers must have written agreements in place for employees who are paid commissions for services provided within the State of California. Information included in these agreements need to provide the method by which the commissions will be computed and paid. With each new employee, the employer must provide a signed copy of the written statement to the employee and obtain a counter-signed “receipt” of the written statement and return it to the employee.

EEOC Issues Guidance Regarding Employer Use of Criminal Background Checks

December 4, 2012/in HR Alerts

APPLIES TO

All Employers, Employment Agencies and Unions

EFFECTIVE

EEOC Guidance, upon issuance, April 25, 2012

New Notices, January 1, 2013

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On April 25, 2012, the EEOC voted to adopt new guidance for employers that use information on criminal convictions in their hiring process. The EEOC opined that, because arrest and conviction rates are higher among minorities than the general population, employers’ practices of rejecting anyone with a criminal record may have a disparate impact on minority candidates. This guidance applies to criminal convictions, not arrests, in that the EEOC’s position is that arrests that did not result in convictions should not be used in hiring decisions.