Www.hrperformancesolutions.net



(800) 940-7522Notice Regarding Professional AdviceThis publication is designed to provide information in regard to the subject matter covered. In publishing this material, HR Performance Solutions is not engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. While every attempt has been made to provide accurate information, HR Performance Solutions cannot be held accountable for any error or omission.Copyright ? 2018 by HR Performance Solutions. All rights reserved.Copyright ? 2013 by HRN Performance Solutions. All rights reserved.Policy Manual · Handbook · Forms & ToolsUpdateFebruary, 2018Includes RevisedPolicies, Forms, and ToolsHR SuiteProduct Update NoticeUpdate ContentsEMPLOYMENT LAW DEVELOPMENTSEmployment law is ever changing, and 2017 was no exception. The Trump administration is reversing or whittling down many of the policies put in place by the Obama administration. Many of these changes are thought to be more employer friendly. States have also been busy passing legislation on a variety of issues specifically in areas regarding leave, background checks, pregnancy and lactation accommodations, sexual harassment, wages, marijuana, drug testing, and guns in the workplace. It is important not to lose sight of the state and local laws that also govern the workplace. Because of the variance of state laws, they are not incorporated into HR Suite or its updates. With the complexity of some of these recent developments and issues, including variances between states, legal counsel is necessary to determine what is appropriate for your organization. Topics/Contents of this update:Listing of Revised PoliciesPage 3What’s Not Changing Page 5 FLSA Changes Not Happening YetPage 5 OSHA Electronic Recordkeeping Changes BlockedPage 5 Pay Data Requirements on EEO-1Page 6OFCCPPage 7 Updated OFCCP Complaint FormPage 7IRSPage 7 2018 HSA Contribution LimitsPage 7 Mileage Rates for 2018Page 7 W4Page 8U.S. Department of LaborPage 8 Federal Minimum WagePage 8 Minimum Wage for Federal ContractorsPage 8 COBRA FormsPage 9 Interns and the FLSAPage 9US Citizenship & Immigration ServicesPage 9 Form I-9Page 9Informative HR WebsitesPage 10CautionsPage 10REVISED POLICIESMany policies have had changes made to them as part of a full legal review of the master Employee Handbook and HR Policy Manual. Please note that all policies have been reviewed only for federal law compliance. No state law requirements are incorporated into either manual. The manuals should be reviewed by you and your attorney to ensure conformity with your organizational needs, and state and local legal requirements as applicable. Please refer to the redlined documents for specific changes. Affected policies include: Employee HandbookSectionPolicy NameDescription of Changes1001Employee Handbook Receipt & AcknowledgementLanguage modified to provide clarity and an improved understanding for employees.1010Introduction to the HandbookMinor changes made.2010Americans with Disabilities Act (ADA)Changes were made to the Reasonable Accommodations section to improve clarity.2040HarassmentChanges were made to more clearly differentiate harassment from bullying. Bullying was added to the policy title. Text was added relating to retaliation and reprisal.3010Employee ClassificationText was added noting frequent changes to the Affordable Care Act features and website.3030Human Resources Files and RecordsThe option was added to mail a copy of a personnel file if the employee is unable to view it during normal business hours.4035Involvement in Community/Political ActivitiesMinor changes made for clarity.4040Medical Exams, Drug Testing, & Health CertificationMinor change made for clarity.4090Termination of EmploymentMinor change made for clarity.5020Attendance and DependabilityText was added to indicate that sending a text message as notice of absence is not acceptable.5025Bring Your Own Device to WorkPolicy title was changed to “Your Own Device at Work” to more accurately convey that the policy deals with if a device is brought to work, not that employees have to bring their device to work. (No redline included in update for this change.)5040ConfidentialityLanguage was added relating to confidential information leaving the organization.5071Employee Inventions“Applications” was added to the list of inventions.5081Personal Financial TransactionsMinor change for clarity.6020Insurance and Retirement BenefitsText was added noting frequent changes to the Affordable Care Act.7040Leaves of AbsenceMinor changes for clarity.7045Paid Time OffMinor changes for clarity.HR Policy ManualSectionPolicy NameDescription of Changes2010Americans with Disabilities Act (ADA)Clarifications were made relating to accommodations and interaction with FMLA.2040HarassmentMinor changes. Bullying was added to the policy title and two more examples were added to the list of possible bullying behaviors.3030Human Resource Files and RecordsThe option was added to mail a copy of a personnel file if the employee is unable to view it during normal business hours.4010Employment of MinorsMinor change.4040Immigration Law ComplianceSmall change.5020Corrective ActionSmall change in wording to give the organization more flexibility when dealing with performance issues.5026Employee Serious Injury or DeathSmall changes for clarity.5050Medical Examinations and Drug TestingAdded re-certification under FMLA as a possible reason for requiring an employee to undergo a medical examination.5080Performance AppraisalText was added related to giving employees space to add comments on their performance appraisal. Having employees add comments makes it more difficult, especially in the case of litigation, to say they did not agree with a poor review if, at the time, they offered no comment.6025Bring Your Own Device to WorkPolicy title was changed to “Your Own Device at Work” to more accurately convey that the policy deals with if a device is brought to work, not that employees have to bring their device to work. (No redline included in update for this change.)In the policy text, a signed agreement is mentioned. As the policy and restrictions will vary depending on the organization, we recommend you contact your legal counsel to design an agreement appropriate for your company. 6035Computer Security and UseSmall changes for clarity.6060Drugs and AlcoholSmall correction in terminology.7060Severance PayCommitting acts of dishonesty or fraud was added to the list of reasons employees may be ineligible for severance pay.WHAT’S NOT CHANGINGFLSA CHANGES NOT HAPPENING YETWe all remember the ongoing saga of changes to the minimum salary requirements for overtime exemption under the Fair Labor Standards Act. In 2016, the Department of Labor (DOL) proposed regulations that would have more than doubled the minimum salary requirement for the major white-collar exemptions under the FLSA from $455 per week to $913 per week. Annualized, that would have been an increase in the salary threshold from $23,660 per year to $47,476 per year.Since then, the courts first blocked their implementation and then invalidated them. In July of 2017, the DOL sought input regarding the appropriate salary levels and the duties tests for the white-collar exemptions. The deadline to submit comments was September 25, 2017. Look for more developments as these comments are processed and new changes are proposed. However, this does not seem to be a top priority for the Trump administration so there may be no changes in the near future.OSHA Electronic Recordkeeping Changes BlockedIn our last update we included information on the recordkeeping changes that went into effect with the Improve Tracking of Workplace Injuries and Illnesses rule (). With the change in leadership in the White House, many of the changes are being revised or abandoned.Fall 2017 ()The preamble to the May 2016 final rule pointed to publication of the collected data as a method to improve workplace safety and health through the rule’s requirements. OSHA stated its intention not to publish personally identifiable information (PII) included on Forms 300 and 301; OSHA Form 300A does not contain any PII. OSHA has now determined that it cannot guarantee the non-release of personally identifiable information. If OSHA were unable to publish the collected worker injury and illness data because it cannot guarantee the non-release of personally identifiable information, then the potential benefit of improved workplace safety and health through publication of the collected data would not be realized.OSHA intends to issue a proposal to reconsider, revise, or remove provisions of the Improve Tracking of Workplace Injuries and Illnesses final rule, 81 FR 29624 (May 12, 2016). OSHA proposes to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information form the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees which are required to routinely keep injury and illness records. Under the proposed rule, these establishments would be required to electronically submit only information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). In addition, OSHA seeks comment on the costs and benefits of adding the Employer Identification Number (EIN) to the data collection to increase the likelihood that the Bureau of Labor Statistics (BLS) would be able to match OSHA-collected data to BLS Survey of Occupational Injury and Illness (SOII) data and potentially reduce the burden on employers who are required to report injury and illness data both to OSHA (for the electronic recordkeeping requirement) and to BLS (for SOII).In anticipation of the new rule, OSHA is not accepting electronic OSHA 300 Logs or 301 Forms.Pay Data Requirements on EEO-1As reported in our last update, on September 29, 2016 the EEOC announced approval of a revised EEO-1, starting with the 2017 report, to collect summary pay data from employers, including federal contractors and subcontractors, with 100 or more employees.However, these requirements have since been suspended and no longer are to be collected. Annual notification letters with filing instructions have been sent. As the EEOC website states:On August 29, 2017, the Office of Management and Budget (OMB) issued a memorandum informing the U.S. Equal Employment Opportunity Commission (EEOC) of OMB's decision to initiate a review and immediate stay of the EEOC's collection of aggregate W-2 pay and hours-worked data on the EEO-1 report. At the same time, OMB expressly permitted the EEOC to continue collecting EEO-1 data identifying the race, ethnicity, and sex of workers, by job categories.Therefore, for the 2017 EEO-1 reporting cycle, the EEO-1 will not collect data about pay and hours worked from employers. But, for the 2017 EEO-1 reporting cycle, the EEO-1 will collect data on the race, ethnicity, and sex of workers, by job category, from private employers with 100 employees or more and federal contractors with 50 employees or more and $50,000 in contract(s).The 2017 EEO-1 report must be submitted and certified by March 31, 2018.A Question and Answer sheet on the 2017 EEO-1 report can be found at: . The main EEO-1 page is at: resources include a Users’ Guide and a How-to-Guide have updated our HR Suite/Forms documents as follows: Revised Forms and Tools:EEO-1 Reports - Do You Need to File One? – HR Suite/Library/Tools/EEO & Employment Law/GeneralOFCCPUpdated OFCCP Complaint Form Available ?OFCCP protects jobseekers and employees of companies doing business with the federal government from discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.? Discrimination may also occur if a covered employer, under certain circumstances, disciplines, terminates, or takes other adverse employment actions against a jobseeker or employee for asking about, discussing, or sharing information about pay.? ??OFCCP’s complaint form provides employees with a way to file employment discrimination complaints.? Since our last update, the OFCCP (May, 2017) updated the form to allow online completion and automatic submission to an OFCCP regional office.? Users may also complete and submit the form using their cell phone or any other handheld device.?The form can be found at: . It has an expiration date of 5/31/2020.INTERNAL REVENUE SERVICE2018 HSA Contribution Limits In 2018, you can contribute up to $3,450 for self-only coverage (up from $3,400 in 2017) and $6,900 for family coverage (up from $6,750 in 2017). The IRS communication related to this can be found at: Rates for 2018The Internal Revenue Service (IRS) has released Notice 2018-03. This notice provides the optional 2018 standard mileage rates for taxpayers to use in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes. This notice also provides the amount taxpayers must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that may be used in computing the allowance under a fixed and variable rate (FAVR) plan. It can be found at: on Jan. 1, 2018, the standard mileage rates for the use of a car (also a van, pickup or panel truck) will be:The standard mileage rate for transportation or travel expenses is 54.5 cents per mile for all miles of business use (up 1 cent per mile from 2017.)The standard mileage rate is 14 cents per mile for use of an automobile in rendering gratuitous services to a charitable organization (unchanged from 2017.)The standard mileage rate is 18 cents per mile for use of an automobile for medical care or moving purposes (up 1 cent from 2017.)Employers should ensure they are using the new rates for travel occurring beginning January 1, 2018.W4 Employers can continue to use the 2017 Form W-4 until the new 2018 version is released. The IRS plans to release it soon. It will reflect changes in withholding tables made by the recent tax reform law (Tax Cuts and Jobs Act.) The IRS has released the following documents to assist in handling changes due to the tax reform:Early Release Copies of the 2018 Percentage Method Tables for Income Tax Withholding: 2018-14 – Guidance on Withholding Rules: . Department of LaborFederal Minimum WageThe federal minimum wage for nonexempt employees remains unchanged, however, many state and localities have raised their minimum wage. The Department of Labor offers an interactive map that displays minimum wage rates by state. It has been updated as of January 1, 2018 and can be found at: should also check local ordinances that may impose a higher minimum wage rate for particular cities or counties. Be proactive and research if there are applicable increases in your area or where your employees may work. These changes may trigger new poster updates.Minimum Wage for Federal ContractorsOn September 15, 2017, the Department of Labor published a Notice in the Federal Register to announce that, beginning January 1, 2018, the Executive Order 13658 minimum wage rate is increased to $10.35 per hour (82 FR 43408). This Executive Order minimum wage rate generally must be paid to workers performing work on or in connection with covered contracts. Additionally, beginning January 1, 2018, tipped employees performing work on or in connection with covered contracts generally must be paid a minimum cash wage of $7.25 per hour. Questions relating to the Executive Order and/or these wage rates may be directed to the Government Contracts Division at (202) 693-0064.COBRA FormsThe Employee Benefits Security Administration has released COBRA model notices with an updated expiration date. The new forms expire 12/31/2019. They can be found in the HR Suite Forms directory (Forms/Compensation and Benefits/General) and also at the following link: . The link also contains other useful information such as an Employer’s Guide to Group Health Continuation Coverage Under COBRA, ACA Implementation FAQs, and Job Loss Posters.Forms:COBRA Model General Notice - HR Suite/Forms/Compensation and Benefits/GeneralCOBRA Model General Notice (Spanish) - HR Suite/Forms/Compensation and Benefits/GeneralCOBRA Model Election Notice - HR Suite/Forms/Compensation and Benefits/GeneralCOBRA Model Election Notice (Spanish) - HR Suite/Forms/Compensation and Benefits/GeneralInterns and the FLSAOn Dec. 19, 2017, the U.S. Court of Appeals for the Ninth Circuit became the fourth federal appellate court to expressly reject the U.S. Department of Labor’s six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA).?The Department of Labor clarified that going forward, the Department will conform to these appellate court rulings by using the same “primary beneficiary” test that these courts use to determine whether interns are employees under the FLSA. The Wage and Hour Division will update its enforcement policies to align with recent case law, eliminate unnecessary confusion among the regulated community, and provide the Division’s investigators with increased flexibility to holistically analyze internships on a case-by-case basis.A fact sheet was issued to provide general information to help determine whether interns and students working for “for profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act. The fact sheet can be accessed at: States Citizenship and Immigration Services (USCIS)Form I-9As of January 21, 2017, the revised Form I-9 released November 14, 2016, with an expiration date of 08/31/2019 should now be in use for all new hires. It was included in our last update, but we are including a link to the form again. It can be found at: HR WEBSITES We have updated the document found in the Tools package titled “Informative HR Websites” with current website addresses.Tools:Informative HR Websites – HR Suite/Library/Tools/HR WebsitesCAUTIONSAlthough HR Performance Solutions has conducted a great deal of research developing this product, the HR Suite is not designed to be an exhaustive, legally compliant document specific to your company or intended to comply with state and local laws. In other words, we do not assume the role of your legal counsel and, as always, responsibility for compliance with applicable employment laws remains with you. Once you have customized your HR Suite Policy Manual and Employee Handbook, there may be areas that should be reviewed by you and your attorney to ensure conformity with your organizational needs, state, and local legal requirements as applicable.The HR Suite was primarily written for use by private employers. In many instances, relevant employment laws are very different in the public sector. In some cases, language pertaining to public employers, federal contractors, and sub-contractors is included in the manual as many areas may apply to both private and public employers. Additionally, companies with unionized environments may have considerably different obligations than those addressed in the HR Suite. Although some language for public employers may be included, employers in public and union environments should consult their attorneys for assistance in using this product. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download