Employers are routinely challenged in navigating the U.S. Department of Labor’s (DOL) test to determine independent contractor status of workers under the federal wage and hour laws. Employers regularly retain workers as independent contractors to whom employers are not obligated to pay overtime or minimum wage. As such, those employers would benefit from a clear …
The DOL’s Updated Guidance on the Expired FFCRA—It Will Still Enforce Pre-December 31, 2020 FFCRA Violations
As relayed in our late December piece titled: “It’s Official, the FFCRA Expires This Year. Tax Credits Available to Employers that Voluntarily Provide Paid Leave for COVID-19 Absences,” mandated FFCRA paid leave expired on December 31, 2020; however, per the federal government’s new stimulus bill (The Consolidated Appropriations Act, 2021 referred as the “Act”), as …
Minimum Wage Set to Rise in 25 States and D.C. in 2021
As the New Year approaches, employers throughout the United States must prepare for new legislation taking effect that may impact their operations. One critical change that commonly occurs around the New Year is an increase to the minimum wage in certain jurisdictions. On January 1, 2021 (or December 31, 2020), the minimum wage will rise …
Continue reading “Minimum Wage Set to Rise in 25 States and D.C. in 2021”
It’s Official, the FFCRA Expires this Year. Tax Credits Available to Employers That Voluntarily Provide Paid Leave for COVID-19 Absences
There were rumors that with the new stimulus deal that Congress would extend FFCRA leave, but that turned out to be fake news. Upon reviewing House Speaker Pelosi’s press release discussing the stimulus deal it became clear that no, the FFCRA would not be extended to provide employees guaranteed paid leave benefits for COVID-19 qualifying …
EEOC Confirms Employers Can Mandate Employees Have the COVID-19 Vaccine…With Restrictions
With the roll-out of the COVID-19 vaccine for mass consumption, we hypothesized in our piece titled “Can Employers Make Employees Get the COVID-19 Vaccine,” that employers would be able to require employees to get the vaccine subject to limited restrictions. We further noted that our guess was based on the Equal Opportunity Employment Commission’s (EEOC) …
Important Update on Recent DHS and DOL Rule Changes to the H-1B Program
On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …
Continue reading “Important Update on Recent DHS and DOL Rule Changes to the H-1B Program”
Can Employers Make Employees Get the COVID-19 Vaccine?
With two COVID-19 vaccines set to receive federal approval in the United States in the upcoming weeks, the next question is whether employers can make employees receive the vaccine. The short answer is…yes. And while the typical lawyer answer to any question is “it depends,” that concise “yes” does come with a few caveats. So, …
Continue reading “Can Employers Make Employees Get the COVID-19 Vaccine?”
Airlines to Soon Ban Emotional Support Animals on Flights
Over the years, there has been a lot of news stories about people traveling (or seeking to travel) with interesting animals. There was the incident involving a “beloved pet hamster” that was flushed down a toilet after Sprit Airlines refused to let a passenger bring the pet on a flight as an emotional support animal. …
Continue reading “Airlines to Soon Ban Emotional Support Animals on Flights”
Reporting Health Care Costs on Form W-2—The Devil is in the Details
The Affordable Care Act (ACA) requires employers who file 250 or more W-2s to report the cost of coverage under an employer-sponsored group health plan on an employee’s W-2.This is reported in Box 12, with Code DD. This does not mean that the coverage is taxable—the reporting is for informational purposes only and is intended …
Continue reading “Reporting Health Care Costs on Form W-2—The Devil is in the Details”
The IRS Announces Updated Limitations Related to Employer Plans for 2021
The IRS announced cost of living adjustments affecting dollar limitations for employer plans for tax year 2021. Most IRS limits impacting employer retirement plans have remained the same because the increase in the cost-of-living index did not meet the legal thresholds that trigger their adjustment. See IRS Notice 2020-79 and IRS Revenue Procedure 2020-32 for …
Continue reading “The IRS Announces Updated Limitations Related to Employer Plans for 2021”