February Updates

Federal Contractors: Voluntary Self-Identification of Disability Form Updated

Federal contractors who are subject to Section 503 of the Rehabilitation Act of 1973 must invite applicants and new hires to self-identify as having a disability, as well as periodically surveying current employees to self-identify.  Employers are required to make these requests using a form provided by the Office of Federal Contract Compliance Programs (“OFCCP”).  As of January 27, 2017, the OFCCP updated the self-reporting form here that employers are required to use going forward.

OSHA Publishes New Anti-Retaliation Guidance

Last year, OSHA reaffirmed employers’ responsibility to provide a workplace free of retaliation with its Electronic Recordkeeping Rule, which included an expanded whistleblower protection provision.  OSHA has now published guidance for employers on implementing an effective anti-retaliation program.

Employers can download the free guide and view other, related resources by visiting OSHA’s dedicated whistleblowers webpage.

Los Angeles, California: Ban-the-Box Rules and Regulations Now Available

Los Angeles just issued “Rules and Regulations Implementing the Fair Chance Initiative for Hiring Ordinance” that provide further guidance and interpretation on the Ban-the-Box rule that went into effect on January 22, 2017.  Some of the information provided includes information allowed in job application forms, what information can be obtained during the application process, what factors should be considered when conducting an individualized assessment following discovery of a criminal background, and how the Fair Chance process works.

Review the new guidance here for further information.

Morristown, New Jersey: Paid Sick Leave Notice Now Available

Effective January 11, 2017, Morristown, NJ joined many other state municipalities in mandating paid sick leave.  The Town of Morristown has updated their website, making a FAQ, employee notice and workplace posting available for free.  Covered employers are required to provide written notice regarding employee rights under the ordinance to each Employee at time of hire.  Employers must also display a poster in a location conspicuous to employees.

Employers should download the required notice and poster from the website and ensure the forms are appropriately distributed and displayed.

REMINDER: Federal EITC Notice Due to Employees by February 7, 2017

Employers are required to notify each employee who worked for them at any time during the year, and from whose wages the employer did not withhold income tax, of the Earned Income Credit.  Employers can fulfill this obligation by providing eligible employees one of the following:

• IRS Form W-2, Wage and Tax Statement
• A substitute Form W-2 that contains the same EIC information on the back of the employee’s copy that is on Copy B of the IRS Form W-2
• Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC)
• A written statement containing the same wording as Notice 797

Notice should either be handed directly to employees or mailed via first-class to the employee’s last known address. In addition, it is recommended that employers also post Notice 797 in an area conspicuous to employees to help keep the workforce informed about the EIC.  These forms can be obtained on the IRS website.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

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