Tag Archives: hr compliance

May Compliance: Is Your Business Compliant?

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HR Compliance

Spring is in that air and we love it here at CorpStrat. Last month we had several questions regarding the legalization of marijuana in the workplace, how employers can protect themselves, and paystub correction inquires so we thought we would tackle theses issues in our newsletter this month.

As many of you are aware, California is one of 8 states that legalized marijuana for recreational use. Prop 64, effective January 1, 2018 outlines this however; California employers can and should ban marijuana use in the workplace to ensure a safe work environment. California employers generally cannot randomly drug test employees however, they can test under the following circumstances:

  • Pre-employment screening
  • Physical examination
  • Under reasonable suspicion
  • Post accident
  • Employees in highly regulated industry or position critical to public safety

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Ensure That Your California Business Is Compliant

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Proposed HR Compliance Laws

California law makers are currently reviewing several proposed laws that effect employers of all sizes (and not necessarily in a good way.)  The following laws are likely to become effective within the next 12 months.

  • Paid Sick Leave Expansion (AB 2841) – This bill would expand the current paid sick leave law on the books per county to 10 days (80 hours) of paid sick leave.
  • Employment Protection for Medical Marijuana Users (AB 2069) – This bill would amend the Fair Employment and Housing Act to make it an unlawful employment practice for an employer to take adverse action against an applicant or employee. All because of a positive drug test for marijuana (by a medical marijuana cold holder) or because of one’s status as a medical marijuana card holder.

[An employer may still discipline an employee for being under the influence while working or being on the employer’s property. Key change relates to the area of employee accommodations. Exceptions would be made from employers who would lose a license or monetary benefit under federal law.]

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Get Informed on Rising Health Care Costs

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 Association Based Health Insurance – A Cure For Small Group?

Under the Affordable Care Act (ACA), employers that do not meet the 50 or more full-time or full-time equivalent employee threshold to be Applicable Large Employers (ALEs), are not required to offer health coverage. Nor do they face penalties. Not surprisingly, as a result, smaller businesses often do not offer coverage.

New regulations proposed by the U.S. Department of Labor (DOL) want to change that dynamic. And in a thriving economy, where unemployment means retention is key, health insurance is a key driver in employee acquisition and retention.

Up to 11 million Americans working for small businesses or who are sole proprietors and their families lack employer-sponsored insurance. The DOL hopes new rules on HOW healthcare plans are purchased will close the gap of uninsured Americans; without eliminating options available in the healthcare marketplace.

New Rules

The proposed regulations will allow small business health plans—known as Association Health Plans (AHP)—to expand under The Employee Retirement Income Security Act of 1974 (ERISA). This may allow the self-employed and other small businesses to band together to form their own associations for the purposes of providing healthcare coverage.

AHPs would be required to accept all applicants and could not deny individuals with pre-existing conditions or charge more for people who are sick. However, they could reduce prescription drug coverage and increase coverage in other categories to compensate for the reduction, the effect of which would be to increase costs for chronic care patients.

The employer members of these plans would need to be in the same trade, industry, line of business, profession, or to have their principal place of business in the same state, or, if in multiple states, in the same metropolitan area.

Under the current regulations, an AHP is considered a single plan only if the association has a purpose or function unrelated to offering healthcare benefits and the employer members have a common economic interest. So, few options exist and all have to comply with the ACA’s “essential benefit rules”.

The end result of these new rules, or so the thinking goes, is that this will make premiums more affordable. The trade-off is that these health insurance plans would be less extensive then what is usually required by health insurance plans offered by the current marketplace. Lots of review and legislation await the proposed offering of new association plans. However, they offer a glimmer of home to the problem of rising health insurance costs.

Stay Prepared And Compliant

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Compliance News March 2018

This year is off to a great start for Team CorpStrat! Our newest division CorpStart HR is growing by leaps and bounds. We work diligently to create 21st Century HR for our clients and hope this monthly newsletter helps you keep current with the ever-changing HR compliance laws and HR best practices so that you can be a “best place to work.”

We have a LOT of important compliance issues to cover. Workplace injuries, Department of Industrial Relations required notifications, ACA compliance and much more. Hope you didn’t forget to post your OSHA 300A Summary Form. If so, you still have time to get compliant. Visit https://www.osha.gov/recordkeeping, print, complete, and post.

If 2018 is the year you’d like to get your HR house in order, it’s not too late to give us a call. Just send us a note if you’d like to have a conversation. We’d be happy to partner with you and help you stay compliant. In the meantime, Like us on Facebook and join our newsletter for all things HR.

Are you prepared to navigate workplace injuries?

You get that call that an employee has injured themselves and you go straight into 911 mode. Workers Compensation, medical leave, ADA compliance and not to mention safety protocols flood your mind. While no situation is the same, there are a number of things you can do to make life easier.

  • Know and understand the leave of absences you are required to provide and how they interact with workers compensation.
  • Notify OSHA when required. For deaths, OSHA must be notified within 8 hours, hospitalizations, 24 hours. Failure to know and understand the rules and regulations leads to inspections and heavy fines.
  • Planned Medical Care. Have a concrete workers compensation program that outlines issues like, handling transportation of the employee, healthcare facility, notification of the injury, etc.
  • Investigate the injury. Have solid tools for investigating an incident thoroughly, as you will need to forward any and all information to the carrier and potential legal counsel.
  • American Disability Act. If an employee is able to return to work with modified restrictions this would likely fall under ADA regulations. At this point, you would need to provide a reasonable accommodation. Failure to do so could result in EEOC charges, ADA lawsuits, or even retaliation claims.
  • Review and update your policies often. Proactive measures save time and money in the long run.

Federal Immigration Notification

As mentioned last month, Immigration Enforcement has been updated regarding I-9 inspections of records. Under AB450, the Department of Industrial Relations has released the attached notice that complies with the new law’s notice requirements.  If an employer’s I-9 forms are going to be inspected, the following notice must be posted within 72 hours of learning of the inspection. Because the timeframe is so short, it is recommended employers have an established process to respond to Notice of Inspections and avoid penalties up to $10,000 per violation.

2018 I-9 Inspection Notice Notification

Benefits: Complying with ACA Affordability Test

With the reduction for employers in affordability levels in company-sponsored plans from 9.69% to 9.56%, employers should ensure they are providing health coverage that will not cost the employee more than 9.56% of an employee’s salary.  As increases in premium occur, this can put some of your employees into an unaffordable designation.

Testing?

The IRS created affordability tests to show that the employer has provided coverage that is considered “affordable” and therefore should not be subject to any fines if an employee manages to get coverage on an exchange and receive a premium tax credit to do so.

These tests set out in the final shared responsibility regulations, provide that employer coverage will be considered affordable for purposes of the employer shared responsibility assessment if the required employee contribution for the lowest-cost option offered does not exceed 9.56% of one of the following:

  • W-2 – The employee’s wages for the calendar year reported on the Form W-2.
  • The rate of pay – The amount obtained by multiplying 130 hours by the lower of the employee’s hourly rate of pay as of the first day of the coverage period or lowest rate of pay during the calendar month.
  • Federal poverty line – An amount equal to the federal poverty line for a single individual, divided by 12. Under the FPL safe harbor, employers use the FPL in effect six months prior to the beginning of the plan year to allow time to establish premium amounts in advance of the plan’s open enrollment period.

The affordability test reduction affects employers who use the W-2 and the rate-of-pay tests. In both cases, you may need to reduce the employee contribution rate for single coverage in your lowest-cost plan.

Top 5 Mistakes that cost employers BIG BUCKS

Daily we see employers pay hefty fines to government agencies for payroll violations that are completely avoidable. Knowing and understanding how these 5 payroll liabilities affect you legally will save you tens of thousands of dollars.

1 – Garnishments and Child Support – Employers are responsible for knowing the proper ways to record wage garnishments/child support, federal and state new hire requirements, responding to wage orders, and forwarding the information to the employee.

2 – Sick Pay Classification – As a reminder, California has sick pay requirements that must be reflective on an employee’s paystubs. If you offer PTO, it must be reflective on the paystub to meet the new requirement.

3 – Employee verse 1099 Contractor – Generally the burden is on the employer to prove the classification of any individual was correct. Using the IRS Independent Contractor test and having a concrete Independent Contractors Agreement that addresses, invoicing, use of time, terms/cancelation notice, the scope of service, ownership of property, proof of insurance, etc. will help you build safeguards and protections in case of an audit.

4 – Exempt verse Non-exempt – One of the chief differences between exempt and non-exempt employees is in how the employee is paid. Exempt employees do not qualify for overtime. To qualify for an exemption under the FLSA, employees generally must meet certain tests regarding their job duties and be paid on a salary basis no less than $455 per week. Job titles do not determine exempt status. In order for the exemption to apply, an employee’s specific job duties and salary must meet all the requirements.

5 – Overtime Rules – Many employers get tripped up unintentionally by confusing pay period hours with work week hours. Overtime for non-exempt hourly employees must be calculated based on a specific 7 day period of time regardless of how frequently the employees are paid. Employers that pay piecemeal must ensure they are meeting minimum wage requirements as well when factoring overtime in addition to other factors.

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ERISA Compliance – What Every Employer Needs to Know About Plan Documents

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Imagine an agent from the Department of Labor walks in your office and asks for your ERISA documents. For 90% of employers, the answer would be “what is that?”. Yet for every employer, maintaining ERISA documents is essential – and here is why:

ERISA is a federal law that sets minimum standards for employee benefit plans maintained by private-sector employers.

ERISA includes requirements for both retirement plans (for example, 401(k) plans) and welfare benefit plans (for example, group health plans). ERISA has been amended many times over the years, expanding the protections available to welfare benefit plan participants and beneficiaries.

The Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), enforces most of ERISA’s provisions. Violating ERISA can have serious and costly consequences for employers that sponsor welfare benefit plans, either through DOL enforcement actions and penalty assessments or through participant lawsuits.

All welfare plans are subject to ERISA (medical, dental, vision, life, disability, certain employee assistance and wellness programs, for example) and are required to have a plan document that is memorialized in writing. ERISA further required that the plan document contain specific, express provisions. This means if you deliver any type of benefit program to employees, it’s likely you need a current ERISA document.

How does the DOL enforce ERISA?

The DOL has broad authority to investigate or audit an employee benefit plan’s compliance with the ERISA. The DOL’s EBSA division handles audits of employee benefit plans. To perform these audits, EBSA employs over 400 investigators working out of field offices, many of whom are lawyers or CPAs or have advanced degrees in business or finance. The DOL has authority to assess civil penalties for many different types of ERISA violations.

How can an employer minimize its risk of being audited by the DOL?

As a practical matter, an employer has little control over whether it will be audited by the DOL. However, an employer can take the following steps to help minimize its exposure to a DOL audit:

  • Respond to participants’ benefit questions and requests for information on a timely basis;
  • File Form 5500 on time and make sure it is complete and accurate;
  • Create and distribute participant notices required by law (for example, the summary of benefits and coverage) by the deadline; and
  • Make timely updates to plan documents and summary plan descriptions (SPDs) to reflect legal and design changes.

How can employers be prepared for a DOL audit?

The best way to prepare for a DOL audit is to remain in compliance with the law and establish a recordkeeping system for maintaining all of the important documents relating to your employee benefit plans. Retaining complete and accurate records will help move along the audit process and provide an accurate picture of an employer’s benefit package. As a general rule, these records should be retained for seven years.

Because the DOL has increased the frequency of health plan audits, employers should consider reviewing their health plans for compliance now, before they are selected for audit. It is important for employers to get their health plans’ paperwork in order as part of this process. Don’t be fooled into thinking you are “too small” for ERISA. Employers of every size who provide any type of Employer Sponsored Benefit Plan are subject to ERISA. Ask your broker if you need documents and get them done!

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