U.S. Department of Labor’s (DOL’s) model health insurance marketplace notice forms available here

Effective Dates Extended for Model Exchange Notices

The U.S. Department of Labor’s Employee Benefits Security Administration has extended the effective date of its model health insurance exchange notices through March 31, 2020, including:

Under the Affordable Care Act, employers are required to provide all new hires with a written notice about the ACA’s health insurance exchanges, which are also known as marketplaces. Employers must provide the exchange notice to each employee, regardless of plan enrollment status or of part-time or full-time status. The DOL considers a notice to be provided “at the time of hiring” if the notice was provided within 14 days of an employee’s start date.

Advertisements

Form I-9 Audits Up Dramatically Since October

I-9 Fines from 2009 to 2017

Fines as a result of I-9 audits are dramatically up the past year.

From October 1, 2017-May 4, 2018, U.S. Immigration and Customs Enforcement (ICE) conducted 2,282 Form I-9 audits, up from 1,360 audits from October 1, 2016-September 30, 2017. Given this dramatic increase, employers should take a moment to ensure that their Form I-9 compliance practices meet federal requirements. Businesses that fail to comply with these requirements are subject to penalties of up to $2,236 per violation.

4 Quick Form I-9 Compliance Tips

  1. All U.S. employers generally must fill out and keep a Form I-9 for every person they hire for employment in the United States, as long as the person works for pay or other benefits.
  2. Newly hired employees must complete and sign Section 1 of Form I-9 no later than the first day of employment.
  3. An employee must present to the employer an original document or documents that show his or her identity and employment authorization within 3 business days of the date employment begins.
  4. Employers must retain an employee’s completed Form I-9 for as long as the individual works for the employer. However, Form I-9 does not need to be filed with any federal agency.

Posted by HR360

$15 Per Hour is here. Updated San Francisco Employment Poster for July 1, 2018 Now Available.

Our City of San Francisco Ordinances Poster has been updated with the latest change to the San Francisco Minimum Wage, which will be $15/hour as of July 1, 2018.

In addition, our poster also now includes the new Salary History Ordinance. The ordinance  bans employers, including City contractors and subcontractors, from considering current or past salary of an applicant in determining whether to hire the applicant or what salary to offer the applicant.

The ordinance also prohibits employers from (1) asking applicants about their current or past salary or (2) disclosing a current or former employee’s salary history without that employee’s authorization unless the salary history is publicly available.

Posters purchased on or after June 1st 2018 will have these changes included.

The poster is available in a regular version, as well as a city-contractor version for companies that hold contracts with the city/county of San Francisco.

You may click on the image below to purchase your poster. Thank you for your business.

2018 San Francisco City Poster

Connecticut Adopts Salary History Inquiry Ban

New CT Law Effective January 1, 2019

Effective January 1, 2019, a new law generally prohibits Connecticut employers from inquiring about a prospective employee’s wage and salary history unless it is voluntarily disclosed. Notably, the law does not prohibit an employer from inquiring about other elements of a prospective employee’s compensation structure as long as such employer does not inquire about the value of the elements of such compensation structure.

Click here to read the law.

Posted by HR360

Santa Fe New Mexico Increased Minimum Wage Rates Currently In Effect

Increased Rates Currently in Effect

The minimum wage rate for the City of Santa Fe, New Mexico has increased to $11.40 per hour as of March 1st 2018. Additionally, the minimum wage rate for Santa Fe County has increased to $11.40 per hour ($3.41 per hour for tipped employees). These increased rates are currently in effect.

Who Is Required To Pay Santa Fe City Living Wage:

  • The City to all full-time permanent workers employed by the City;
  • Contractors for the City, that have a contract requiring the performance of a service but excluding purchases of goods;
  • Businesses receiving assistance relating to economic development in the form of grants, subsidies, loan guarantees or industrial revenue bonds in excess of twenty-five thousand dollars ($25,000) for the duration of the City grant or subsidy;
  • Businesses required to have a business license or registration from the City; and
  • Nonprofit organizations, except for those whose primary source of funds is from Medicaid waivers.
  • For workers who customarily receive more than one hundred dollars ($100) per month in tips or commissions, any tips or commissions received and retained by a worker shall be counted as wages and credited towards satisfaction of the Living Wage provided that, for tipped workers, all tips received by such workers are retained by the workers, except that the pooling of tips among workers shall be permitted.

Who Is Required To Pay Santa Fe County Minimum Wage:
All employees of these affected businesses whether employed on a full-time, part-time or temporary basis, including contingent or contracted workers and those working through a temporary service or an employment agency.

  • For businesses located throughout Santa Fe County, outside of the incorporated boundaries of the City of Santa Fe, City of Española and the Town of Edgewood.
  • Businesses required by Santa Fe County to have a business license.
  • Santa Fe County government
  • Contractors that enter into a contract after April 26, 2014 with Santa Fe County government for services, including construction services.
  • Businesses who undertake an economic development project and execute a project participation agreement with Santa Fe County.

Posting Requirement:

You may download the required notices from our Specific City and Industry Notices Page.

New Expiration Date for Several Model FMLA Notices is June 30, 2018

Model Notices Previously Expired on May 31, 2018

The U.S. Department of Labor’s Wage and Hour Division (WHD) has extended the effective date of the following model FMLA notices through June 30, 2018:

Previously, these model notices expired on May 31, 2018. No other changes have been made to these notices besides their effective date.

For further guidance regarding these notices, please contact the WHD directly at 1-866-487-2365.

Posted by HR360

California July 2018 Labor Law Updates

With ever-changing labor law posting requirements, and with the constant addition of new local ordinances that also require posters, we understand the difficulty in keeping up with the trend. For your convenience, All In One Posters has dedicated a page on our website that lists some of the major additional required notices arranged by state. Some are available for purchase, but most are downloadable at no cost to you. Click on the link below for further details:

http://www.allinoneposters.com/Specific-City-and-Industry-Notices *

*Updated with the latest changes that will take effect July 1st 2018 for certain California localities.

Court upholds OSHA finding that railroad company violated Maine employee’s whistleblower rights

BOSTON – A federal appeals court has affirmed that Pan Am Railways, Inc. must pay $260,000 in punitive and compensatory damages to – and take corrective action on behalf of – an employee who was subjected to retaliation for filing a Federal Railroad Safety Act whistleblower complaint.

The U.S. Department of Labor’s Occupational Safety and Health Administration investigated the complaint, filed in 2011, against the North Billerica-based commercial railroad and found the railroad retaliated against the employee, who works in a rail yard in Waterville, Maine, when it charged him with dishonesty in connection with his FRSA complaint. The employee had tried to report an injury.

The department ordered the railroad to take corrective actions and pay the affected employee $10,000 in compensatory damages and $40,000 in punitive damages. Pan Am Railways appealed, and in 2014, an administrative law judge upheld the agency’s finding of retaliation and increased the amount of punitive damages to $250,000. The railroad again appealed, to the department’s Administrative Review Board, which affirmed the judge’s order. It then appealed to the U.S. Court of Appeals for the First Circuit, which denied the railroad’s petition on April 21, 2017.

“This case is a strong reminder that our whistleblower laws prohibit reprisals against employees who file whistleblower complaints, report workplace injuries and illnesses, or raise awareness of hazardous safety or security conditions,” said Galen Blanton, OSHA’s New England regional administrator.

“A safe and healthy workplace is a goal we should all aspire to achieve. Discriminatory actions by employers, including but not limited to retaliation, can freeze employees into silence. Hazardous conditions can go unreported as a result, and lead to avoidable human and financial costs,” said Michael Felsen, the department’s regional solicitor of labor for New England.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the Secretary of Labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

South Carolina Enacts Pregnancy Accommodation Law

Law Contains New Notice & Poster Requirement

South Carolina has enacted a new law that prohibits employers with 15 or more employees from discriminating against employees with medical needs arising from pregnancy, childbirth, or related medical conditions. In particular, the law prohibits covered employers from failing or refusing to make reasonable accommodations for employees’ medical needs arising from pregnancy, childbirth, or related medical conditions unless it can demonstrate that the accommodation would impose an undue hardship on its business.

Notice & Poster Requirements
Covered employers must provide a written notice regarding the law to existing employees by September 14, 2018, and all new hires on or after that date. The notice must be also conspicuously posted at an employer’s place of business. The South Carolina Human Affairs Commission is expected to issue a model notice in the coming months.

Click here to read the text of the law, which is currently in effect.

 

Originally Posted by HR360

Ban on Salary History Inquiry for Vermont Employers

Effective July 1, 2018, a new law prohibits Vermont employers from inquiring about or seeking an applicant’s salary history information, including information on his or her current or past wages, salary, bonuses, or benefits. The law also bans employers from relying on an applicant’s salary history information as a factor in determining whether to interview the applicant.

Notably, the law does not prohibit:

  • After making an offer of employment that includes compensation, confirming or requesting an applicant’s salary history information if the applicant previously disclosed the information voluntarily; or
  • Inquiring about an applicant’s salary expectations or requirements.

Click here to read the law.