We are excited that Sara Hinton is joining our team at Consultstu as a Human Resources Coordinator starting Monday, May 10. Sara will be graduating from Santa Fe College with a Bachelor’s degree in Applied Science in Human Resource Management. She will provide human resource services and support to our clients. She can be reached at the main office number (727) 350-0370 and her email is [email protected]. Please welcome Sara to the team!
The Employer Information Report EEO-1 Component 1, or the EEO-1 Component 1 Report, is now open (April 26). The deadline to submit and certify the EEO-1 Component 1 Report is Monday, July 19, 2021. Organizations can file their information through the new EEO-1 Component 1 Online Filing System. The new website is easier to use and contains more information for employers.
Previous filers will receive their company’s annual notification letter by U.S. mail. The letter will include your company ID and passcode, which are required to create your company’s account in the new Online Filing System. All companies will need to create an account in the EEO-1 Component 1 Online Filing System.
Eligible companies are required to first file and certify the 2019 EEO-1 Component 1 Report, then file and certify the 2020 EEO-1 Component 1 Report after the 2019 report is submitted. Companies must file the EEO-1 Component 1 Report for 2019 and 2020 if they were in business and met the filing requirements for that year.
Click here to answer 4 questions to determine if your company needs to file.
What information do you need to file an EEO-1 Report?
The EEO-1 Component 1 Filer Support Team is available Monday-Friday 9:00AM-8:00PM EST. You can contact the Filer Support Team at [email protected] or toll-free at 855-EEOC-035 (855-336-2035).
Have questions about Human Resources, or think your company might be interested in fractional HR services, give us a call at (727) 350-0370.
President Biden has signed the massive American Rescue Plan Act of 2021 (ARPA), which includes a federally-financed COBRA subsidy that is available for up to six months for eligible individuals. The COBRA subsidy will be available beginning on April 1, 2021 and end on September 30, 2021. Further guidance will be coming from the DOL and IRS, but is some basic information.
Who is eligible? Individuals (who are qualified beneficiaries) who were involuntarily terminated from employment or had a reduction of hours. So, employees that quit, or voluntarily left employment are not eligible for the subsidy. Assistance eligible individuals (AEIs) include employees plus affected spouses and children.
What coverage is eligible for the Subsidy? The subsidy will include all health coverage for which COBRA must generally be provided with the exception of health flexible spending accounts (FSA). Subsidized coverage will be for dental and vision coverage, as well as medical coverage. And, the subsidy will also available for continuation coverage required by State “mini-COBRA” laws.
What is the subsidy period? The COBRA subsidy begins April 1 and ends September 30, 2021. An employee’s eligibility period for the subsidy may end prior to September 1, when their 18 month maximum coverage period ends based on their original qualifying event (for instance, employee was laid off February 1, 2020, the 18 months of COBRA would end July 31, 2021 – so subsidy would end July 31, 2021).
New Election Period Starts April 1, 2021. Although employers do not have a Model Notice for the Extended Election Period from the DOL, an Assistance Eligible Individual (AEI) must be given a new 60 day election period for COBRA, starting April 1, 2021. SO, individuals that did not elect COBRA, or dropped COBRA get a new chance to enroll in COBRA and get the subsidies.
How much is the subsidy? Depends. There will be some rules about the enrollment options available to the AEI, and the group health plan will cover the cost, which will be reimbursed (including the administrative fee) by the Federal government via a payroll tax credit. So, the subsidy amount will vary by employer, based on the cost of coverage.
Regularly check the DOL – COBRA webpage for news and updated forms.
Apparently, there is a market for fake vaccine cards online and sellers are charging hundreds of dollars. Really…? Posts have started to appear on Twitter, Instagram, and eBay, and other e-commerce sites, for fake vaccine cards, even though the blank CDC cards are readily available on the internet, including various public health sites. There are also an unlimited number of online images showing what a completed CDC Vaccination card should look like. So, there is nothing to stop a person from making their own vaccine card and showing it off as official and authentic.
Did you know that using a fake COVID vaccine card with the CDC logo is illegal? Today, the Federal Bureau of Investigations (FBI) released a special alert stating “if you did not receive the vaccine, do not buy fake vaccine cards, do not make your own vaccine cards, and do not fill-in blank vaccination record cards with false information.” The FBI further warns that “by misrepresenting yourself as vaccinated when entering schools, mass transit, workplaces, gyms, or places of worship, you put yourself and others around you at risk of contracting COVID-19.”
Further, the FBI advised that the unauthorized use of an official government agency’s seal (such as HHS or the Centers for Disease Control and Prevention (CDC)) is a crime, and may be punishable under Title 18 United States Code, Section 1017, and other applicable laws. The Federal Trade Commission also advised against posting a photo of your vaccination card on social media because it discloses personal information, and you could be inviting identity theft.
Read more about COVID-19 vaccines from the CDC and the Florida Department of Health.
Since March 20, 2020, the Department of Homeland Security (DHS) has given employers flexibility when completing I9 forms for employees that are working remotely because of COVID-19 safety precautions. The physical presence requirements associated with the Form I9 (it is required to physically review the original employee identity and employment authorization documents) were relaxed to accommodate employers that were not physically meeting with new hires due to COVID-19. Employers were allowed to inspect the Section 2 documents remotely (such as video call, fax and emailed copies) within 3 business days and retain the copies of the documents. Employers were advised to enter “COVID-19” as the reason for the physical inspection delay in Section 2 “Additional Information” field. Starting April 1, 2021, the requirement to physically inspect employee’s documents to complete the I9 Form only applies to those employees who physically report to work at a company location on any regular, consistent and predictable basis. Read March 31, 2021 update.
If employees hired on or after April 1, 2021, work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
How to fix I9s for remote employees? In person review of identity and employment authorization documents that was postponed for remote employees must be corrected, once onsite operations restart, or the DHS flexibility policy ends. Follow these 3 steps:
Possible Solution for Remote Employees: Employers may designate an authorized representative to act on their behalf to complete Section 2 (and have in person review of the I9 documents). An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. An employer is still responsible for violations connected to the actions of its authorized representative.
Recently, a Florida Publix vendor contacted our office in need of an updated annual I-9 Immigration Certification Letter. The Publix Contract Management team had notified the company that its annual certification letter had expired and if it was not updated, the company was at risk for having its services being halted until received. Consultstu responded quickly, completed the I9 Review and submitted the company’s updated Certification Letter to the Publix Contract Management Team.
We offer a completely remote Immigration and I9 review process that gives clients thorough and accurate feedback about their Form I-9s, supporting documents and E-verify documentation.
Here are some tips for improving your I9 compliance:
Contact Consultstu at (727) 350-0370 to schedule your annual (new or updated) Publix Immigration Review and I-9 Audit and receive your certification letter from a qualified third party.
On January 1, 2021, Florida joined a growing number of states that mandate some use of E-Verify for certain employers. Last year, Governor Ron DeSantis signed legislation that requires all public employers, including local school districts, public universities, and colleges, and state and local agencies, as well as their private contractors, to use E-Verify. The new law took effect on January 1, 2021. Read the new law.
What is E-Verify?
E-Verify, a federal electronic database, is used by employers to confirm the documentation provided by new hires and to establish lawful employment eligibility are in fact valid (by checking against federal databases).
What Florida employers are required to use E-Verify starting January 1, 2021?
Private employers are not required to use the E-Verify system unless they have a contract with a public employer, or they apply for taxpayer-funded incentives through the state Department of Economic Opportunity.
Special Note: The new Florida law reaffirms that all employers must still complete and maintain “I-9 Employment Eligibility Verification forms for all hires. Any private employer who does not use E-Verify must now maintain copies of the employee’s employment eligibility documents used to complete the Form I-9 for three years. This is optional under federal law.
What happens if an Employer Violates the new rules?
Failure to comply with the law can result in suspension or permanent termination of your Florida business license(s).
After taking a pandemic related break in 2020, the Social Security Administration (SSA) is resuming the practice of sending “no match” letters to employers, according to experts. A “no match” letter is a written notification by the SSA to an employer that there is a discrepancy between a workers’ social security number (used on W2 form) and government records.
If your company receives a “no match” letter, read it carefully. It does not mean that the employee is not authorized to work in the United States, and the letter is not definitive proof that the employee needs to be terminated or suspended right away. Mismatches can result from a variety of reasons, including typos, name changes, or identify theft issues.
However, experts recommend that companies take action in response to a “no match” letter. The letter requests that the company takes the following action: (1) review the discrepancies through the designated SSA online portal; (2) inform the employee about the discrepancy; and (3) submit a corrected W-2C, with the corrected information, within 60 days. The letter also says that if the discrepancy is not addressed, an employer can face serious immigration compliance issues.
Here are the 4 steps we recommend for employers to take:
In addition, depending on the situation, employers may choose to conduct a self-audit of its I9 forms. Here is guidance for employers conducting self-audits of I9 forms.
Now that we have closed out 2020, and started 2021, its time for Human Resources/Payroll to take some important year-end actions to ensure a smooth transition into 2021. Consultstu has created a 10 point HR Checklist to ensure your Company is up to date with fast-changing federal/state rules and regulations.
If you have questions or want help getting up to date, just give us a call at (727) 350-0370.
On January 1, 2021, employers are no longer mandated to provide expanded paid COVID sick days and emergency family leave benefits that was put into place by the Family First Coronavirus Response Act (FFCRA). Covered employers (private employers with under 500 employees and public employers) have the option to voluntarily permit employees to use any unused FFCRA leave through March 31, 2021, and are still able to claim a corresponding payroll tax credit.
In March 2020, the FFCRA created the emergency paid sick leave (up to 80 hours) and the emergency family and medical leave expansion (partially paid leave for parents for school and child care closings). These leaves officially expire on December 31, 2020; and the new COVID relief bill passed by Congress did not add any new paid benefits, but did allow covered employers to voluntarily extend the use of the FFCRA benefits through March 31, 2021. Covered employers have these 2 options:
Option 1: Do not provide these voluntary benefits and take down the old FFCRA poster. Handle employee requests for leave and paid time off under standard company policies.
Option 2: Voluntarily provide extended FFCRA leave and claim a corresponding payroll tax credit for any leave taken through March 31, 2021. Keep the FFCRA poster up and communicate this to employees. If an employee has already exhausted their FFCRA sick leave (and/or 12 weeks of EFMLA), they are not eligible to receive any additional paid sick leave. However, if they still have some paid time still available, the employer can pay it (keeping appropriate documentation) and seek a payroll tax credit for the original allotment of FFCRA leave. If your company is covered by FMLA, and your 12 month FMLA leave period resets on January 1st (not look back or look forward), then an employee may be entitled to additional paid FMLA (final 10 weeks of the 12 week period) – but we are waiting for additional guidance from the Department of Labor (DOL) and the Internal Revenue Service (IRS) on this topic. More to read.
