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Corporate Scheduling Announcement Letters
In December the OFCCP's national office released the first round of CSALs for the 2012 audit cycle. These letters notify Federal service and supply (non-construction) contractors of potential OFCCP audits during the year.
Read more: Corporate Scheduling Announcement Letters -
NLRB Posters
Continued delays on the National Labor Relations Board poster requirement are receiving a lot of attention from HR professionals. These delays are particularly confusing for Federal contractors and subcontractors, who are already required by the DOL to post a similar notice upon receiving a contract containing the Employee Notice Clause (referenced as 29 CFR Part 471 Appendix A to Subpart A), effective June 21, 2010.
Read more: NLRB Posters -
Significant Changes Proposed to AA Regulations for Individuals with Disabilities
On December 9, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM) recommending revisions that strengthen Federal regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended.
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Do You Need an AAP?
An Affirmative Action Plan (AAP) is a tool used to establish guidelines for recruiting, hiring, and promoting women and minorities in order to eliminate the present effects of past employment discrimination. AA organizations must analyze their current employment practices and the makeup of its workforce for any indications that women and minorities are excluded or disadvantaged.
Read more: Do You Need an AAP? -
Ask the Experts: Collecting and Tracking Disposition Data
Question: I have a hard time getting managers to tell me the reason why they didn’t choose to hire or interview a particular applicant. Is it necessary to include this information in my applicant flow log?
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DOL Issues Final Rule on Employee Rights Notice
May 2010
On May 20, 2010, the Department of Labor issued a final rule on the Notification of Employee Rights Under Federal Labor Laws. The rule stems from Executive Order 13496, issued by President Obama on January 30, 2009. The Executive Order was “designed to promote economy and efficiency in Government procurement” by ensuring work performed under federal government contracts “will not be interrupted by labor unrest.”
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New Year's Compliance Resolutions
Here are HR Works' top five compliance recommendations for early 2012.
1. Post the OSHA Form 300A, Summary of Work-Related Injuries and Illnesses by February 1st.
2. Review and update your employee handbook to ensure compliance with employment regulations and to keep up with best practices.
Read more: New Year's Compliance Resolutions -
Managers, Co-Workers Trump Benefits for Employee Happiness
A survey from CareerBliss to determine the “50 Happiest Companies in America for 2012” finds the people factor is most important for employee happiness.
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New York Wage Deduction Rules
Due to 2010 opinion letters issued by the New York State Department of Labor (NYS DOL) and Section 193 of the New York State Labor Law, New York employers should not deduct the following from wages, even if the employee authorizes such deductions in writing:
Read more: New York Wage Deduction Rules -
New Poster Requirements for Private Employers
The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice.
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Pension Plan Limit Increases
The IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for Tax Year 2012.
The elective deferral (contribution) limit for employees who participate in 401(k), 403(b), most 457 plans, and the federal government's Thrift Savings Plan is increased from $16,500 to $17,000.
Read more: Pension Plan Limit Increases -
Do You Need an AAP?
An Affirmative Action Plan (AAP) is a tool used to establish guidelines for recruiting, hiring, and promoting women and minorities in order to eliminate the present effects of past employment discrimination. AA organizations must analyze their current employment practices and the makeup of its workforce for any indications that women and minorities are excluded or disadvantaged.
Read more: Do You Need an AAP? -
Medicare Part D Enrollment Shifts
The Affordable Care Act shifted the annual enrollment period for Medicare Part D a month forward to October 15th through December 7th. Plan sponsors (i.e. generally employers) must prepare to provide the Notice earlier this year and, of course, prior to October 15th.
Read more: Medicare Part D Enrollment Shifts -
New Poster Requirement for Private Employers
The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act by posting a notice. The rule will take effect on November 14, 2011.Read more: New Poster Requirement for Private Employers
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2012 Pay Increases
According to a survey conducted in June and July 2011 by Towers Watson Data Services, U.S. employers are projecting moderate pay raises for employees in 2012.
Read more: 2012 Pay Increases -
New York's Marriage Equality Act & Benefits
On June 24, 2011, Governor Andrew Cuomo signed the Marriage Equality Act providing legal rights to same-sex couples that have been limited to opposite-sex couples. The Legislation, which legalizes same-sex marriage in New York State, went into effect on July 24, 2011.Read more: New York's Marriage Equality Act & Benefits
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Changes to New York New Hire Reporting Requirements
Employers in New York must report new hires and rehires to the state directory of new hires. New hire reports must contain each new employee's name, address, and Social Security number; and the employer's name, address, and federal employer identification number.
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New York Employers Face Surcharge to Cover State's UI Interest Payments
New York employers have been informed that they must pay an "interest assessment surcharge" of up to $21.25 for each employee to cover interest payments on money the state borrowed from the federal government to keep its insolvent unemployment insurance program afloat.
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Employee Misuse of Social Media
According to a recent employer survey, 42 percent of corporate compliance officers surveyed said that employees were disciplined for misusing social media applications in 2011.Read more: Employee Misuse of Social Media
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IRS issues guidance on reporting the cost of health insurance to employees
May 2011
The IRS issued interim guidance at the end of March to employers regarding reporting on each employee's annual Form W-2 of the cost of the health insurance coverage the employer sponsors for employees.
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Summer Dress Codes
Now that the sun is shining, employers may be noticing relaxed dress standards. What should employers do?
As hemlines rise with the temperatures, now may be the time to remind employees of your guidelines on what you regard as acceptable.
Read more: Summer Dress Codes -
NYSDOL issues guidance on the Wage Theft Prevention Act
April 2011
The New York State Department of Labor (NYSDOL) has released additional information to assist employers with complying with the Wage Theft Prevention Act (WTPA) which went into effect on Saturday, April 9, 2011.
Below is a summary of the information released by the NYSDOL.
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Hospitality Industry Wage Order now in effect
January 2011
The New York State Department of Labor has issued its long-awaited final Hospitality Industry Wage Order applicable to hotels and restaurants, among others. It makes substantial changes to the rules governing payment of wages to employees in the hospitality industry.
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NYS passes the Wage Theft Prevention Act
January 2011
On Monday, December 13, 2010, Governor Patterson before leaving office signed the Wage Theft Prevention Act, which broadens the Department of Labor's enforcement powers, imposes new and expanded notification requirements on employers, and increases significantly employers' potential liability for violations of the Labor Law. The act takes effect on April 12, 2011.
Read more: NYS passes the Wage Theft Prevention Act -
Online Shopping Can Cause Employer Headaches
November 2010
According to a 2009 poll from the Bureau of National Affairs, about one-third of surveyed employees said they were intending to shop from work during the holiday season. Even without using company computers, increasing numbers of employees can do their bargain hunting from work via smart phones, such as iPhones and Droids.Read more: Online Shopping Can Cause Employer Headaches -
Flu Season is Approaching!
October 2010
With flu season approaching fast, there are several things your company can do to help protect its workers and help the company reduce absenteeism.
Consider holding a flu clinic as part of a wellness program at your worksite. Visit Workplace Vitality at www.wpvitality.com for more information.
Read more: Flu Season is Approaching! -
Drug-Free Work Week: October 18-24, 2010
October 2010
Drug-Free Work Week is a public awareness campaign which is implemented by the Department of Labor’s Working Partners for an Alcohol and Drug-Free Workplace program in collaboration with several organizations, including Federal government agencies and non-profit associations. The annual campaign highlights the importance of being drug free to workplace safety and encourages workers with alcohol and drug problems to seek help.
Read more: Drug-Free Work Week: October 18-24, 2010 -
FAQs on Religious Accommodations
October 2010
There are several FAQs regarding religious accommodations that the Helpline answers on a regular basis.
Q: Must employers allow employees to have religious holidays off?
Read more: FAQs on Religious Accommodations -
Reminder: Voting leave law in New York
With elections coming up next week, here's a quick reminder of New York State's Voting Leave Law:
Read more: Reminder: Voting leave law in New York -
Funeral Leave Benefits for Same-Sex Couples in New York
September 2010
Effective October 29, 2010, if an employer grants funeral or bereavement leave to an employee for the "death of a spouse, child, parent or other relative, the employer cannot deny the same leave for the death of an employee's same-sex committed partner."
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Reminder: NY Voting Leave Rights and Voting Leave Poster
September 2010
Under New York election law, employers must allow employees who do not have “sufficient time” outside of working hours in which to vote to take up to two hours of paid time off. Employers are also required to post a notice of New York voting leave rights at least ten days before every election.
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Cancer in Remission Constitutes Disability Under ADAAA
September 2010
With a cancer survivor's protection under the Federal Americans with Disabilities Act in question, a federal district court stated recent amendments to the law require cancer to be treated as a covered disability regardless of whether it is at an active or inactive stage.
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Update on funeral leave benefits for same-sex couples in New York
Effective October 29, 2010, if an employer grants funeral or bereavement leave to an employee for the "death of a spouse, child, parent or other relative, the employer cannot deny the same leave for the death of an employee's same-sex committed partner."
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Survey reveals that workplace accommodations cost employers little or nothing
A Job Accommodation Network survey of 1,665 employers revealed that a high percentage (56%) of workplace accommodations cost absolutely nothing, while the rest typically cost employers less than $600.
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Update on COBRA Continuation Coverage Assistance under The American Recovery and Reinvestment Act (ARRA)
August 2010
According to an update released by the United States Department of Labor on July 26, 2010, the Unemployment Compensation Extension Act of 2010 signed by the President on July 22, 2010, did not extend the COBRA premium reduction.
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Frequently Asked Questions on ADA Compliance
August 2010
The Americans with Disabilities Act (ADA) celebrated its 20th anniversary on July 26, 2010! Read on for a Q&A on a couple of the most frequent questions the HR Works helpline gets on complying with the ADA.
Read more: Frequently Asked Questions on ADA Compliance -
Six Steps for a Successful Open Enrollment
August 2010
Health Care Reform has put benefits front stage and open enrollment (believe it or not!) is just around the corner! Here are six tips to demonstrate and reinforce the value of your benefit offerings.
Read more: Six Steps for a Successful Open Enrollment -
DOL releases fact sheet on break time for nursing mothers under the FLSA
August 2010
The Department of Labor recently released a new fact sheet providing general information on the break time requirement for nursing mothers. This update is in response to the Patient Protection and Affordable Care Act, which went into effect on March 23, 2010, amending Section 7 of the Fair Labor Standards Act (FLSA).
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Over-the-Counter Drugs and Flexible Spending Accounts
July 2010
Effective January 1, 2011, the purchase of OTC "drug and medicine" items with FSA account funds will no longer be allowable, unless you have a Certificate of Medical Necessity (CMN) completed by your physician.
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New York Department of Labor Update: Wage Deductions
July 2010
Employers should assume nothing when it comes to New York State's current position on wage deductions.
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Small Business Credit for Employers
July 2010
The Small Business Health Care Tax Credit helps small businesses and small tax- exempt organizations afford the cost of covering their employees.
Read more: Small Business Credit for Employers -
NYSDOL Changes Its Mind: An Update to the Notice of Pay Rate and Payday for New Hires
December 2009
Regulations in New York were recently amended, requiring employers to notify employees hired after October 26, 2009, in writing, of their rate of pay, overtime rate for nonexempt employees, and regular pay date.
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