All posts by stu

Business Expenses, Compensation, Coronavirus, Department of Labor, Employee benefits, Employment Poster, Paid Leave

Department of Labor’s New Paid Sick Leave and Expanded FMLA Poster (English and Spanish)

On March 25, the Department of Labor released the NEW FFCRA Employee Rights Poster for paid sick leave and expanded Family and Medical Leave. Click to download FFCRA poster (English).  On Friday, the Spanish version of the FFCRA poster (spanish) was made available.

Employers with fewer than 500 employees are required to post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. Right now, the poster is only in English, but DOL is working to translate the poster into multiple languages. The poster should remain in the workplace from April 1 thru December 31, 2020.  Employers with fewer that 50 employees (previously not covered by the Family and Medical Leave Act) are required to post the notice.

Can I put the poster in a binder? No, if you are running out of wall space due to all the federal and state posters, employers are not allowed to put federal notices in a binder. For all posters, employers must display federal notices in a conspicuous place where they are easily visible to all employees-the intended audience.

Do I have to share the poster with laid off employees? No, the DOL states that the FFCRA requirements on the notice/poster apply only to current employees so the poster does not need to be shared with employees that have recently been laid off.

Do I have to give notice of the FFCRA requirements to new hires?  Yes, if you hire a job applicant, you must convey this notice to them, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website.

Read all the Frequently Asked Questions about the new poster.

More Information about Paid Sick Leave Reimbursement is coming from the IRS
The IRS has advised employers that if it is paying out COVID-19 sick leave after April 1, it may retain and access funds that they would normally remit to the IRS in payroll taxes. If the paid sick leave is more than its payroll tax liability, an employer will be able to file for an immediate refund on forms that the IRS expects to issue this week. The IRS expects to process these refunds within 2 weeks under a new expedited procedure. Keep checking the IRS’s Coronavirus Tax Relief webpage for the most up to date information.

Contagious disease, Coronavirus, Department of Labor, Employee benefits, Employee Illness, Employment Poster, Paid Leave, Wage and Hour

Wage and Hour Division Publishes New Guidance on Paid Leave and Expanded FMLA

On March 24, the Department of Labor (Wage and Hour Division – COVID Response) issued some new information for employers and employees about the Families First Coronavirus Response Act (FFCRA).  As provided under the legislation, the U.S. Department of Labor will be issuing implementing actual regulations (planned for early April).  Additionally, as warranted, the Department will continue to provide compliance assistance to employers and employees on their responsibilities and rights under the FFCRA.

Read the latest from the Wage and Hour Division:

Questions and Answers
Employer Paid Leave Requirements
Employee Paid Leave Rights

Key Takeaways and Updates for Employers

  • April 1 will be the effective date for these new paid leave law (not April 2).
  • DOL plans to publish a new FFCRA poster on March 25 that will need to be posted at employers covered by the new law.
  • The law is not retroactive to leave taken prior to April 1.
  • An employer counts employees (to determine 500 or less) at the time an employee’s leave is taken.  Further guidance on counting employees and joint employers.
  • Not much guidance on the exemption for under 50 employees.  To elect this small business exemption, an employer should document why your business meets the DOL criteria (it “jeopardizes the viability of the business”), which will be addressed in more detail in new regulations coming soon.  Do not send any materials to the DOL when seeking the small business exemption.
  • DOL gave further details about how to calculate the regular rate of pay for purposes of the FFCRA.
  • An employer cannot deny the use of new emergency paid sick leave to an employee that already took paid leave for a reason identified in the FFCRA prior to April 1, 2020.
  • Due to how fast things change, stay up to date by participating in one of the many webinars presented by local and national employment law firms and payroll companies.

The Department of Labor also announced this morning (in Field Assistance Bulletin 2020-1) a 30 day non-enforcement period (through April 17) provided an employer has made reasonable good faith efforts to comply with the paid sick leave and extended family and medical leave law.  The following factors must be present to find “good faith” compliance:

  1. Employer remedies any violations including making affected employees whole as soon as practicable.
  2. Violations were not willful (i.e. employer knew or showed reckless disregard for the matter of whether its conduct was prohibited).
  3. The Department receives a written commitment from the employer to comply in the future.

After April 17, the limited enforcement stay will be lifted and the DOL will fully enforce violations of the Act.

Contagious disease, Coronavirus, Department of Labor, Employee Rights, HR Compliance, IRS, Paid Leave, Payroll

Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave

On Friday (March 20), the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act), signed by President Trump on March 18, 2020.
The Act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees funds to provide employees with paid leave, either for the employee’s own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.
KEY TAKEAWAYS
  • Employers receive 100% reimbursement for paid leave pursuant to the Act.
  • Self-employed individuals receive an equivalent credit.
  • Reimbursement will be quick and easy to obtain.
  • Immediate dollar for dollar offset against payroll taxes will be provided. If those amounts are not sufficient to cover the cost of paid leave, employers can seek expedited advance from the IRS by submitting a streamlined claim form that will be released next week.
  • Employers with fewer than 50 employees are eligible for an exemption from the requirements to provide leave to care for a child whose school is closed, or child care is unavailable in cases where the viability of the business is threatened. The exemption will have simple and clear criteria that make it available in circumstances involving jeopardy to the viability of the employer’s business as a going concern.  Emergency guidance and rule-making by the Labor Department will clearly articulate the standard.
  • Please read more about the Treasury, IRS and Labor Departments plan to allow businesses to swiftly recover the cost of providing Coronavirus-related leave, click here for more information about Coronavirus Tax Relief, and visit the website next week for information about the advance payment of the credits.
  • There will be a 30-day non-enforcement period for businesses making a reasonable effort.
Employee Policies, Employment Poster, Florida rules, HR Compliance, Human Resources, Human Trafficking, Posters, Record Keeping, Risk Management, Training

New Florida Anti-Human Trafficking Compliance Requirements!

While massage establishments were a primary focus of Florida’s Anti-Human Trafficking Bill 2019-152, this is not the only industry facing new licensing requirements, which are designed to help expose, prevent and reduce human trafficking suffering and victimization.

First, if your business operates under licensing from the Florida Board of Massage Therapy, you are undoubtedly aware of the changes that have been underway.  You must:

  • Have registered a qualified Designated Establishment Manager by Jan 1, 2020*
  • Implement a reporting procedure for suspected human trafficking per Board guidelines (as yet under development)
  • All licensed providers must complete an approved 1 hour course on Human Trafficking by January 1, 2021
  • Display Human Trafficking workplace posters by January 1, 2021

If you are NOT operating a massage establishment, but you ARE a healthcare provider licensed by any of these other Florida professional Boards:

  • Acupuncture, Medicine
  • Osteopathic Medicine
  • Chiropractic Medicine
  • Podiatric Medicine
  • Optometry
  • Pharmacy
  • Dentistry
  • Nursing Home Administration
  • Occupational Therapy
  • Dietetics and Nutrition
  • Respiratory Care
  • Physical Therapy

Here are the parts of the new regulations with which you must comply:

  1. Display the Anti-Human Trafficking workplace poster in your workplace no later than January 1, 2021.  The standard poster includes English and Spanish, but versions are available that include content in Mandarin and Creole if these languages are spoken by employees.
  2. By January 1, 2021, all healthcare providers licensed by the above-listed Boards must complete a board-approved 1-hour training course on Human Trafficking.   Click here for a list of approved courses.

For more details about the Florida’s anti-human trafficking measures, click here.

 

Americans with Disabilities Act, Contagious disease, Department of Labor, Discrimination, Employee Illness, Employee Policies, Fair Labor Standards Act, Human Resources, Risk Management, Safety, Wage and Hour, Work from Home

Coronavirus Guidance for Florida Employers

Due to the spread of Coronavirus, President Trump and Florida Governor Ron DeSantis have declared a state of emergency and are asking employers to monitor the situation and take action to help slow and stop the spread of COVID-19. The Centers for Disease Control and Prevention (CDC) has issued interim guidance to businesses and employers and will update as needed and when new information becomes available. We encourage clients to check the CDC webpage and develop plans to follow these important recommendations.

HERE IS A QUICK RUNDOWN OF THE RECOMMENDED STRATEGIES FOR EMPLOYERS TO USE NOW:

  • The incubation period for COVID-19 varies between 2 and 14 days.
  • Actively encourage sick employees to stay home from work.
  • Employees showing respiratory illness should be sent home and told to contact the Florida Health Department at 850-245-4444 or the local health department.
  • Educate employees about COVID-19 by sharing the CDC Fact Sheets and information pages on “Symptoms” and “If you are Sick.”
  • Print CDC posters about washing hands, cough and sneeze etiquette and maintaining good personal hygiene for display.
  • Perform enhanced environmental cleaning of common surfaces, such as work stations, countertops, and doorknobs.
  • Make disinfecting wipes and hand sanitizer available to employees.
  • Consider developing an interim company policy for business travel, including canceling business travel, encouraging online/remote enabled meetings and avoiding geographic places with high concentrations of COVID-19 cases.
  • Maintain employee confidentiality if there is a positive or suspected COVID-19 case. Inform co-workers who worked in close contact with the person (3-6 feet in the preceding 14 days) to leave work for 14 days and to get tested. Do not disclose the name of the person.
  • Practice increased social distancing when possible, including work from home options and telecommuting.
  • Review the recent DOL guidance on OSHA and wage and hour issues associated with the coronavirus outbreak.
    If an employee becomes infected, has a suspected case, or was in close contact with a person with a confirmed case, have a plan to take action. Read the following article on Comprehensive FAQs for Employers on COVID-19 published from Fisher Phillips law firm.
  • Check frequently with the CDC and Florida Department of Health (COVID) websites for updates and the latest recommendations.

 

Construction, Drug Free Workplace, Employee Handbook, Employee Policies, HR Costs, Human Resources, Medical Exams, Post offer medical questionnaire, Recruiting, Risk Management, Safety, Workers Compensation

18 Actions to Lower Workers’ Comp Rates for Florida Contractors

From our work with Florida construction companies and specialty trades in the last ten years, we have identified 18 proven action items that will shrink the risk of costly workers’ compensation claims and lower the mod rate of Florida contractors.

Here are the top four actions that will make a difference:

  1. Improve the hiring process – Avoid hiring a problem employee by developing a meaningful hiring process.  Have a plan and be more deliberate about hiring.  Hire based on skills, past work experience, reputable work history, not crazy reasons for leaving past jobs – and a “can do” attitude.  Conduct an interview and make sure they are serious about the position.  It is also important to check references for applicants – call previous employers and see what can be confirmed.  Too many jobs, bad reasons for leaving, not providing any supervisor references can all be red flags.  Need help? Call your local Florida Career Source Center, https://www.careersourceflorida.com/, and have their Business Services team pre-interview and qualify applicants for your company.  It’s free.
  2. Use a written 90 day probationary period – When you have each new hire sign a written 90 day probationary period acknowledgment, your company will not pay unemployment if the employee is terminated for unsatisfactory performance within the first 90 days.  If the new hire is having problems with attendance, not following instructions, making mistakes – don’t wait too long to make a decision.  A successful motto is: Slow to hire, quick to fire.
  3.  Update your New Hire Packet – Contractors should use a multi-page Employment Application.  It should ask for important information about past work, reasons for leaving jobs, ability to perform job duties, licenses, other skills, criminal convictions and reliable transportation.  Other critical new hire forms include the mandatory ones (i.e. I9, W4 and the Florida Healthcare Exchange info) as well as forms that can learn more about their ability to do the job.  To verify medical capability during the application phase, a contractor may use an Applicant Questionnaire (describe job duties and ask if they can do it) or use a Post Offer Medical Questionnaire.  The most expensive option is to require a physical examination for each new hire.  Pre-employment physicals can be performed by walk in clinics or occupational medical centers – to test for physical agility and back/lifting evaluation.  Just make sure you test all applicants for a position type, not just some candidates.
  4. Written Safety program – Contractors are eligible for a 2% reduction in workers’ compensation premiums for a written safety program.  FL Stat 440.1025 describes the required safety program sections. Download the Employer Certification form and submit to your workers’ compensation carrier.  A Safety Plan template can be created using the FREE resources from the University of South Florida, Safety Consultation Services.  Click the following link and create a safety program.

Download all Eighteen (18) Human Resources actions to lower the workers’ compensation costs for Florida Contractors.  If you want some expertise to help you implement these steps, just give us a call.  If your style is more DIY, order our Complete HR Manual for Florida Contractors (2020) which contains the forms and policies needed to implement your solution.  Start lowering your work comp rates today.  If you saw me speak at Carmen’s Construction Comic continuing education classes in 2020 – you receive a discount – just let us know.

General HR Questions, Human Resources, I9 Form, Immigration, New Hire, Record Keeping, USCIS

New I9 for 2020! Get it now

On Jan. 31, 2020, USCIS published a notice announcing a new version of Form I-9, Employment Eligibility Verification. The new version contains minor changes to the form and its instructions. Employers should begin using this updated form right away. Click here for the latest I9 Form (expires 2022) and Instructions.

The USCIS notice provides employers additional time to make necessary updates and adjust their business processes. Employers may continue using the prior version of the form (dated 07/17/2017 N) until April 30, 2020. Starting May 1, 2020, all employers must use only the new form (10/21/2019 version date). The version date is located in the lower-left corner of the form.

Instructions

  • Clarified who can act as an authorized representative on behalf of an employer
  • Updated USCIS website addresses
  • Provided clarifications on acceptable documents for Form I-9
  • Updated the process for requesting paper Forms I-9
  • Updated the DHS Privacy Notice

Click here for the Handbook for Employers for Properly Completing the Form I9.

Bonuses, Compensation, Department of Labor, Fair Labor Standards Act, HR Compliance, Overtime, Payroll, Salaried employees, Wage and Hour

New Overtime Law Took Effect January 1, 2020

In case you missed it over the holidays, the newest Department of Labor regulation went into effect on January 1, 2020.  Why does it matter?  If your company pays employees on a salary basis (i.e. employee is exempt from minimum wage and overtime as an executive, administrative, or professional employee) then the minimum salary threshold necessary to meet the new standards increased from $455 per week to $684 per week (equivalent to an annual salary of $35,568 per year).  The new rule also allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level.  What action is necessary? Review employee pay rates to make sure all salaried employees are earning at least the new minimum.  Either bump an employee’s salary to meet the required salary level; or change the employee to an hourly rate and pay overtime.

What else is important?  The new rule also raises the total annual compensation level for “highly compensated employees (HCE)” from the currently-enforced level of $100,000 to $107,432 per year.  The salary rule also allows employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices.

Where to go for more information? The Wage and Hour Divison webpage has more information about the final rule and the existing regulations that define executive, professional and administrative employees.

1095C form, 300 Log, Child labor, Department of Labor, Employment Poster, Federal Contractors, Florida rules, FMLA, Form W-4, Fractional HR, General HR Questions, Goal Setting, HR Compliance, HR Resources, Human Resources, I9 Form, Minimum Wage, New Hire, Posters, Risk Management, USCIS, W4, Wage and Hour

HR Fitness for 2020 – Needed HR Actions for the New Year

NEW YEAR?  BRING IT!   Put some of that post-holiday energy into your HR process … you can make it easier to get out of the office in time to hit the gym!  Here is a 7 step checklist to make sure HR is prepared for an efficient, organized, successful new year:

Step One: Review your Applicant New Hire packet.

  • Replace your W4 with the newest version for 2020.  Although voluntary, check to see if existing employees want to update their federal tax withholding and send them the newest 2020 W4.
  • Don’t ditch your I-9 forms – they are still valid!  That July 2017 revision is still authorized for use (despite the Aug 2019 expiration date), until a new form is released from USCIS.  Stay tuned … ConsultStu will send a client alert as soon as a replacement form drops.
  • Ensure your DOL Marketplace Exchange form (mandated by ACA) contains current group health insurance renewal information (contribution cost and eligibility) on page 2 of the form.
  • Contact all third-party screening vendors (criminal background, MVR and drug testing) to verify that you are using the latest version of their disclosure and consent forms.

Step Two:  Update workplace postings.

  • Print and post the new 2020 Florida Minimum Wage poster.
  • The Florida Unemployment poster was revised in July, make sure you have the most current Florida Unemployment poster in place for 2020.
  • Check that your Workers’ Compensation poster was updated at last renewal.
  • If you want to compile a full new set of mandated workplace posters, click here.
  • Determine and post your 2020 holiday schedule (Christmas and New Year Day will be falling on Friday)

Step Three:  Prepare to distribute W2 forms and ensure forms contain information about the Earned Income Tax Credit (most do, but good to check).  By January 31, 2020, employees need to be provided EITC information from the mandatory IRS Notice 797.  An alternate option is to post the notice on employee bulletin board or add payroll stuffers.  Click here to download alternate distribution materials.

Step Four:  Complete your OSHA 300 logs for 2019 employee injuries and illnesses.  Verify all reported cases are added. Drop any entries that do not meet the criteria for recordable cases.  Prepare the OSHA 300A summary for posting on February 1 through April 30.

Step Five: Review and request new certificates of insurance from subcontractors for 2020 policy renewals. If you have construction subcontractors, register for the Florida Construction Policy tracker database and add new subcontractors to your tracking list.

Step Six: Review company demographics for any new compliance implications:

  • Look back at your 2018 employee count. Determine if the company had over 50 employees according to the Affordable Care Act (ACA). If so, your company was covered by “pay or play” rules in 2019 and you now need to prepare IRS form 1095-C for delivery to employees by January 31, 2020 (electronic filing to IRS due March 31st … read more).
  • Count your employees for 2019.  If you averaged 50 for the year (using ACA rules), your company must offer affordable, minimum value health insurance coverage in 2020 (then perform the above reporting in 2021).
  • EEO-1 reporting criteria: not required if you can identify any pay period (called the “employer snapshot”) from October through December 2019, in which the company had FEWER than 100 employees.  If every 4th quarter pay period contains 100 or more paid employees, you will need to register and report EEO-1 survey data by March 31, 2020.
  • Does your company work as a contractor or subcontractor on federal contracts? Davis-Bacon requirements will apply.
  • Does your company hire minors?  Make sure a Florida Child Labor poster is displayed.

Step Seven:   Ensure that your company’s internal communication channels are effective by requesting employee updates to address, mobile phone, email, and emergency contacts.

For assistance with any of these HR actions, please contact us here at ConsultStu – we can help you meet your HR goals for 2020!

Background screening, E-Verify, Federal Contractors, HR Compliance, Human Resources, I9 Form, Immigration

Does Florida require E-Verify?

No, not yet.  But Florida Governor Ron DeSantis is pushing the 2020 Florida legislature to pass legislation to require all Florida employers to use the federal E-Verify system.  If your company has a qualifying contract with the State of Florida, all new hires working on the contract must be screened using E-Verify.  Read Governor Scott’s Executive Order 11-02 from 2011.

What is E-Verify?  E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching the information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). Florida would become the ninth state to mandate E-verify for new hires, joining Arizona, Alabama, Mississippi, South Carolina, North Carolina (25+ employees), Georgia (10+ employees), Utah (15+ employees), and Tennessee.

How many total employers use E-verify? In 2008, and every year after that, the share of employers using E-Verify has grown approximately 1 percentage point. In 2018, DHS had enrolled 821,771 employers in E-Verify—amounting to 13.5 percent of all employers in the United States (Figure 1).  So, 86.5 percent of U.S. employers still do not use E-Verify.  From 2005 to 2018, the number of annual E-Verify queries increased from less than a million to more than 36 million.  Read the statistics.

How many employees are rejected by E-Verify annually? From 2007 to 2018, the number of rejected new employees doubled from 173,409 to 351,836, but the number of final non-confirmations (FNCs) as a share of total queries dropped from 5.3 percent of queries to 1 percent (Figure 4). For context, it is estimated that unauthorized immigrants were 5.4 percent of the labor force in 2007 and 4.8 percent in 2016, according to the Pew Research Center.

Does E-verify reduce illegal worker hiring?  Interestingly, the rise of E-Verify enrolled employers and queries has not significantly reduced the number of illegal workers.  The Cato Institute estimated that from 2007 to 2016, the number of illegal workers hovered around 8 million, even though the number of E-Verify queries increased.  Although it can not be determined with certainty more than half of all illegal workers run through the E-verify system are not rejected, primarily by borrowing the identification of legal workers. Click to read more.

What are the benefits of becoming an E-Verify enrolled employer?

  • It may help your company avoid penalties for hiring illegal workers
  • It may lessen the probability that your company will receive “no match” letters from Social Security
  • It is evidence of good faith if your company is selected for an I9 audit
  • It is mandatory if your company hires foreign students with STEM F-1 visa during their 2-year optional practical training period.

If you are interested in enrolling in E-Verify, give our office a call.  We work with E-verify employers and federal contactors everyday.

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