HRDrive Regulatory Updates – June 2017

by Kathryn Carlson on June 16, 2017

The information presented below offers general guidance concerning new and updated employment-related rules and regulations. It is provided with the understanding that KPA is not engaged in rendering any legal opinion. As appropriate KPA will update documents, forms, posters, and guides within KPA’s HRDrive or HR Essentials software to reflect the most current regulatory rules and requirements.

For additional assistance contact the KPA Client Success Center 1-800-486-0400.

FEDERAL: 

American Health Care Act (AHCA) revision passed by the House on May 4th, 2017

The American Health Care Act (AHCA) bill that was passed by the House of Representatives on May 4th is intended to replace the Affordable Care Act (ACA).  Some of the proposed changes are:

  • Restructure the Medicaid Program and federal spending for Medicaid
  • No longer be required to buy health insurance through marketplaces (Obamacare)
  • People who do not have health insurance will no longer get penalized by a tax penalty for not having health insurance
    – $2,000 a year for people in their 20’s
    – $4,000 a year for people older than 60
  • Anyone with pre-existing conditions will pay the same premiums as anyone else in that age group unless a state applies for waivers.
  • States can apply for waivers to allow insurance companies in that state to mandate the following:
    – Eliminate required coverage
    – Older people can be charged more than young people for the same policy
    – Deny or charge more to people who have preexisting health conditions like diabetes, arthritis, and cancer.

The Senate is now preparing their own bill to repeal and replace the ACA, with reports that it will be scheduled prior to July 4th.  The final Act would also need to be signed by the President prior to becoming law and various federal agencies will provide guidance for implementation.  We will continue to provide updates on the progress of any changes related to the ACA.

Electronic Submission of Injury and Illness Records to OSHA

OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically.  Updates will be posted to the OSHA website:  Recordkeeping | Injury Tracking Application (ITA) – Electronic Submission

Family Medical Leave Act

The Department of Labor has updated the FMLA website to make it more user friendly. There are links to the following:

  • General Guidance
  • Fact Sheets
  • E-tools
  • Posters
  • Forms
  • Interpretive Guidance
  • Applicable Laws and Regulations

Review the new Department of Labor FMLA website. Click on the link below.

https://www.dol.gov/whd/fmla/

New Health Insurance Marketplace Coverage Notice released by the Department of Labor

The new health insurance marketplace coverage notice forms were revised by the Department of Labor with an expiration date of 5-31-2020. HRDrive is updated to reflect the current revision. If you have a custom new health insurance marketplace coverage notice form, please email [email protected] or call the Client Success Center at 1-866-539-4718 to update your forms.

State Specific Updates

California:

A new California Workplace Harassment Guide issued by the California Department of Fair Employment and Housing effective May 2, 2017.

The California Department of Fair Employment and Housing created a guide to help employers on how to prevent and handle harassment, discrimination, and retaliation in the workplace.

  • The California Workplace Harassment Guide is in the Toolkit/Documents/Toolkit Guides in HRDrive.

A day of rest law for California employers is clarified by the California Supreme Court

A day of rest must be given to employees in a workweek, not a consecutive seven-day period. A workweek is defined as Sunday through Saturday. A rolling seven-day basis is not a requirement for employers to provide a day of rest.

The state of California Department of Labor has updated their paid sick leave FAQs

The California Department of Labor Standards enforcement division updated the sick leave frequently asked questions on grandfathered plans, rate of pay, and attendance polices.

https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm

San Diego, California updated their paid sick leave and minimum wage FAQs

San Diego updated the FAQs to clarify that the sick leave ordinance is not applicable to salaried employees.

https://www.sandiego.gov/sites/default/files/tr_final_faq.pdf

Los Angeles, California updated their paid sick leave FAQs

Los Angeles has updated their paid sick leave poster and FAQs to clarify that the paid sick leave ordinance is not applicable to exempt employees, how to calculate sick leave, and how the law is applicable to employers pending employers size.

http://wagesla.lacity.org/sites/g/files/wph471/f/MWO-FAQ-2017-03.pdf

Kentucky:

Kentucky Payroll Cards and Direct Deposit Wage Payment Law effective June 29, 2017.

The new law allows employers to pay employees their wages on payroll cards or through direct deposit. Employers using payroll cards must not charge the employee an activation fee and allow one withdrawal per pay period. Payroll cards are used to pay employees who don’t have a bank account and can receive their pay checks on an electronic card. If employers use direct deposit a paper or electronic statement must be provided to the employees. Employers must provide a computer and printer for employees who want to review or print their paychecks.

Missouri:

Minimum Wage Preemption Bill is approved by Missouri Legislature to undo the St. Louis Minimum Wage Hike.

The Missouri Supreme Court lifted the block on the St. Louis minimum wage ordinance. Employers in St. Louis must pay the hourly wage of $10.00 until August 28, 2017. A minimum wage poster is required to be posted. The city’s minimum wage can revert to $7.70 an hour if Governor Eric Greitens signs the minimum wage preemption bill. Posters are uploaded in HRDrive.

 New Mexico:

 The New Data Breach Notification Law for New Mexico is effective on June 16, 2017

Susana Martinez, Governor of New Mexico signed HB 15 enacting a new data breach notification law. New Mexico is the 48th state to pass a data breach notification act. In New Mexico, individuals whose personal identifying information has been breached must be notified within 45 days. Personal information in New Mexico also includes biometric data. Biometric data is a person’s finger prints, voice print, retina scans, facial characteristics, or hand geometry to get into a location or system.  The following information must be provided only if there is risk to identity theft or fraud and an investigation is done. If a data breach is discovered the following information must be provided.

  • Type of data that was breached
  • Date of the incident
  • Description of the breach

If a breach affects more than 1000 New Mexico residents the New Mexico Attorney General and major consumer reporting agencies must be contacted within 45 days.

New Mexico businesses must properly dispose of personal identifying information when they are no longer needed for business purposes.

 New York:

Paid Family Leave in New York will be funded by Employee Payroll deductions and maximum contribution has been determined

Employers will not be required to fund any of this benefit but instead the employee is to fund the paid family leave through payroll deductions. Contributions will be collected weekly starting on July 1st, 2017 per the New York compensation board. The maximum employee contribution is up to 0.126% of an employee’s weekly wage.

Kathryn CarlsonHRDrive Regulatory Updates – June 2017