HRDrive Regulatory Updates – March 2017

by Kathryn Carlson on March 6, 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 the HRDrive or HR Essentials software to reflect the most current regulatory rules and requirements.

FEDERAL:

A new revision of Form W-4 (2017), Employee’s Withholding Allowance Certificate Effective January 1, 2017

As of January 1st, 2017, make sure you as an employer are providing the revised Form W-4 (2017) to employees.

New EEO-1 Reporting Requirements

The revised EEO-1 form requires employers to collect aggregate W-2 earnings and report the number of employees in each of the twelve pay bands (spanning from $19,239 and under to $208,000 and over) for the ten EEO-1 job categories (Executive/Senior Level Officials and Managers; First/Mid-Level Officials and Managers; Professionals; Technicians; Sales Workers; Administrative Support Workers; Craft Workers; Operatives; Laborers and Helpers; Service Workers) and classified by race, sex and ethnicity. The change is to help address wage gaps based on race, ethnicity, or sex as well as be aligned with the W-2 reporting cycle. The deadline for the new reporting has been extended from September 2017 to March 31, 2018.

EEOC Final Rules on Employer Wellness Programs, ADA and GINA now in effect. (January 1, 2017)

EEOC issued final rules to help employers and employees comply with ADA and GINA in governing workplace wellness programs.

  • Employers may offer limited incentives to employees or employees spouse who participate in employer wellness programs and must clarify incentives.
  • Reasonably accommodate employees to participate in wellness programs for employees with disabilities.
  • Offer privacy protections for employees or employees spouse providing detailed health information as part of participating in the wellness program.

A new publication on rights of applicants and employees with mental health conditions under the Americans with Disabilities Act was issued by the EEOC.

A new publication issued by the EEOC is titled “Depression, PTSD & Other Mental Health Conditions in the Workplace:  Your Legal Rights This publication is to inform applicants as well as employees of their rights in employment under the Americans with Disabilities Act (ADA). This guidance is for individuals who suffer from depression, post-traumatic stress disorder, or other mental health conditions and are protected, under the ADA, from discrimination or harassment at work.

 

Immigration Control Enforcement/Employee Recordkeeping

I-9 new revision is to be used starting January 22, 2017

Please use the new revision 11/14/2016 I-9 Form as of January 22, 2017. It is a violation to use an expired version of the I-9 form and employers will face increased fines for I-9 violations.

E-Verify Historic Records

Employers using the E-Verify electronic employment eligibility verification system for over 10 years should download the E-Verify historic records by March 31, 2017. On April 1, 2017, all E-Verify records created before December 1, 2006 will be deleted by U.S. Citizenship and Immigration Services (USCIS).

The Department of Justice implements a final rule on the standards and procedures for the enforcement of the immigration and nationality act effective January 18, 2017

Procedures were modified to clarify the following:

  •  Add definitions to simplify definitions of statutory terms
  • Update procedures for filing and processing charges of discrimination
  • Provide effective investigations to unfair immigration employment practices
  • Changes in existing practices electronic filing
  • Change the name of the office for the department enforcing the statue to Immigrant and Employee Rights Section

Retention of EB-1, EB-2, EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant workers new rule effective January 17, 2017

Form I-766 is automatically extended up to 180 days for individuals who renewed an employment authorization document on time, applied to renew an employment authorization document in the same eligibility category, and are in an eligible category code.

 

Affordable Care Act/Benefit Programs

IRS Delays Employer Deadline to Distribute Affordable Care Act Reporting Form 1095-B and 1095-C to Employees

The IRS delays deadline for employers to submit the 2016 Forms 1095-B (Health Coverage) and 1095-C (Employer Provided Health Insurance Coverage) to employees by March 2, 2017. Initially the ACA reporting deadline was January 31, 2017. The IRS and Treasury department provided the extension for the 2016 tax year only. The ACA reporting forms 1094 and 1095 must be submitted by employers to the IRS by February 28, 2017 for paper forms and March 31, 2017 electronically. The deadline for employers to submit forms 1094 and 1095 to the IRS is unchanged.

IRS changes determination letter program effective January 1, 2017

The IRS has stopped the determination letter program for individual designed qualified retirement plans. The IRS has eliminated the following:

  • The five-year submission process of individual qualified retirement plans
  • Off-Cycle submissions of individually designed plans
  • Curtails the determination letter program to new plans to be determined by the IRS.

ACA Market Reform Final Regulations effective January 1, 2017

The final rules under ACA clarifies and adopts interim rules pertaining to grandfathered plans, pre-existing condition exclusions, rescissions, dependent coverage, appeals, patient protections, health reimbursements accounts, lifetime and annual dollar limits.

The final rules leave out opt out payment provisions and extends coverage deadline.

New Health Insurance Marketplace Coverage Notice expired on January 31, 2017

  • The Department of Labor issued a new revision for the New Health Insurance Marketplace Coverage Notice and expires on 2-28-2017.
  • The New Health Insurance Marketplace Coverage Notice is uploaded in HRDrive.
  • This document will be monitored for a new revision.

Medicare Part D Notices are due by March 1, 2017

Employers need to verify if their group health plans cover Medicare eligible individuals at the start of each year. Employers with group health plan sponsors need to complete an online disclosure form with (CMS) Centers for Medicare and Medicaid services on an annual basis. The group health plan sponsors need to state if the plans prescription drug coverage is credible or non-credible by March 1, 2017.

 

OSHA

Congress is moving forward hearings on a resolution to repeal OSHA’s December 2016 final rule clarifying employers’ continuing obligation to make and maintain an accurate record of each recordable injury and illness.  Additional updates will be provided as additional information is available.

OSHA Final Recordkeeping Rule effective January 1, 2017

This final rule is intended to increase safety in the workplace by making the injury and illness information available to the public. This final rule is also intended to protect employees who are reporting any illness or injuries from being retaliated against.

  • Employers with 20-249 employees must electronically submit information from 300A (log summary) with the total number of job related injuries and illnesses in 2016 by July 1, 2017. Information from 2017 form 300A (log summary) by July 1, 2018.
     
  • Employers with 250 or more employees must electronically submit information from form 300A (log summary) with the total number of job related injuries and illnesses in 2016 to OSHA by July 1, 2017.Information from 2017 forms 300 A (log summary) 300 (OSHA Log) and 301 (injury/illness incident report) by July 1, 2018.

OSHA 300 A Posting effective February 1, 2017

  • Employers must post a copy of the 300A between February 1st and April 30th with the total number of job related injuries and illnesses in 2016 where employee notices are posted in each company.

 

 

FEDERAL CONTRACTORS

Executive Order 13706 Poster – Worker Rights for Federal Contractors effective January 1, 2017

Federal Contractors are subject to executive order 13706 which includes paid sick leave information. The federal government is to provide employees up to 7 days of paid sick leave a year for themselves or family members. The paid sick can be taken for domestic violence, sexual assault or stalking.

  • Executive Order 13706 Workers Rights for Federal Contractors Paid Sick Leave Poster has been uploaded in HRDrive in the Toolkit-Documents-Regulatory Notices and Posters.

Executive Order 13658 Poster – Worker Rights for Federal Contractors effective January 1, 2017

The department of labor published a minimum wage notice for federal contractors to be paid $10.20 an hour.

  • Executive Order 13658 Workers Rights Minimum Wage for Contractors is uploaded in HRDrive in the Toolkit-Documents-Regulatory-Notices and Posters.

Voluntary Self-Identification of Disability Form Revised

  • The Voluntary Self Identification Disability form is updated with an expiration date of January 31, 2020.  Federal contractors need to use this form to voluntary identify employees with a disability. This form helps employers to try and meet section 503 requirements and to help accommodate employees with disabilities.

 

State Specific Updates

Alaska:

Alaska Minimum Wage Increase effective January 1, 2017

  • Alaska Minimum Wage increases to $9.80 per hour due to inflation

 

Arizona:

Arizona Minimum Wage Increase effective January 1, 2017

  • Arizona Minimum Wage increases to $10.00 per hour

 

Arkansas:

Arkansas Minimum Wage Increase effective January 1, 2017

  • Arkansas Minimum Wage increases to $8.50 an hour

 

California:

California Restroom Access Law effective March 1, 2017

California employers with single use restrooms must meet the all gender requirements to follow the state’s new all gender law AB 1732. A California business must post signage indicating all gender facility for all single-user toilet facilities defined as one urinal, one water closet, and a lock. This is for public restrooms and restrooms for employees.

 California Minimum Wage Increase effective January 1, 2017

  • California Minimum Wage increases to $10.00 per hour for small employers with 25 or less employees
  • California Minimum Wage increases to $10.50 per hour for large employers with 26 or more employees
  • California, Cupertino Minimum Wage increases to $12.00 per hour
  • California, El Cerrito Minimum Wage increases to $12.25 per hour
  • California, Los Altos Minimum Wage increases to $12.00 per hour
  • California, Mountain View Minimum Wage increases to $13.00 per hour
  • California, Oakland Minimum Wage increases to $12.86 per hour due to inflation
  • California, Palo Alto Minimum Wage increases to $12.00 per hour
  • California, Richmond Minimum Wage increases to $12.30 per hour
  • California, San Diego Minimum Wage increases to $11.50 per hour
  • California, San Jose Minimum Wage increases to $10.50 per hour
  • California, San Mateo Minimum Wage increases to $12.00 per hour
  • California, Santa Clara Minimum Wage increases to $11.10 per hour
  • California, Sunnyvale Minimum Wage increases to $13.00 per hour

San Francisco Amended Paid Sick Leave Ordinance effective January 1, 2017

The amended paid sick leave is to include amendments for protections of employees against the state law Healthy Workplaces, Healthy Families Act 2014.

San Jose, California Opportunity to Work Ordinance effective March 13, 2017

The San Jose California Opportunity to Work Ordinance requires employers with 36 or more employees to offer existing part time employees more hours to work before hiring new employees.

Santa Monica, California Paid Sick Leave effective January 1, 2017

Employers with 26 or more employees are to provide 40 hours of paid sick time. Employers with 25 or less employees are to provide 32 hours of paid sick time.

Los Angeles, California adopts the Ban the Box effective January 22, 2017

Private employers with 10 employees or more in Los Angeles, California will prohibit employers from asking about past convictions until a conditional offer is made. This includes asking questions on job applications, job interview, or running a criminal background check. The Los Angeles Fair Change Initiative was signed by Mayor Eric Garcetti on December 9, 2016.

DE 35 Notice to Employees

  • The DE 35 Notice to Employees is obsolete. This document is no longer required to be given to current employees or new hires.
  • The DE 35 Notice Employees CA is inactivated in HRDrive.

 

Colorado:

New Law in Colorado gives employees access to personnel files effective January 1, 2017.

Private sector employers must allow current employees the right to inspect or copy their personnel files once a year. A former employee can view their personnel file at least once after termination. Colorado needs to make sure that their recordkeeping processes comply with the law.

Colorado Minimum Wage Increase effective January 1, 2017

  • Colorado Minimum Wage increases to $9.30 an hour

 

Connecticut:

Connecticut Minimum Wage Increase effective January 1, 2017

Connecticut Minimum Wage increased to $10.10 per hour due to inflation

Connecticut Ban the Box (An Act Concerning Fair Chance Employment) effective January 1, 2017

  • Prohibits employers from inquiring about an applicant’s prior arrests, criminal charges, or convictions on the application.

 

Florida:

Florida Minimum Wage Increase effective January 1, 2017

  • Florida Minimum Wage increases to $8.10 per hour

Florida Allows Medical Marijuana Use effective January 3, 2017

Medical Marijuana prescribed by a licensed physician will be allowed in Florida. However, an employer does not have to accommodate workplace marijuana use.

 

Hawaii:

Hawaii Minimum Wage Increase effective January 1, 2017

  • Hawaii Minimum Wage increases to $9.25 an hour

 

Illinois:

Illinois Employee Sick Leave Act effective January 1, 2017

Employers are to allow their employees to take half of their employer provided accrued paid sick leave for absences due to illness, injury, and medical appointments for personal, immediate family, parents-in-law, grandchildren, or grandparents. This law is for employers who currently maintain internal sick leave policies and can limit the amount employees can accrue in six months.

Illinois Expands Victim Leave Law to All Employers effective January 1, 2017

An employee that works for an employer with fourteen employees or less is entitled to 4 workweeks of unpaid sick leave in a calendar year for domestic or sexual violence.

Illinois law expands the definition of “personal information” and adds additional notice and data security requirements effective January 1, 2017

 Personal information will include an individual’s first name or first initial and last name used with medical, health, or biometric data information. An employee must be notified if personal information is encrypted. Personal information is to include a user name or email address with security questions, to get access to online account. If breaching occurs of username and password an electronic notice is required to be sent to instruct to change the information or take additional steps to protect online accounts. Companies that have records with personal information need to implement security measures to protect those records from unauthorized access.

The Illinois Freedom to Work Act effective January 1, 2017

Prohibits private employers in Illinois from entering into non-compete agreement with “low-wage employees.” Low wage workers are anyone that makes up to $13.00 an hour.

Illinois Voluntary Wage Assignment Rules Amended effective January 1, 2017

Creditors must mail copies for payment to an employer by two methods.

  • First class mail
  • Registered or certified mail

Employees can revoke wage assignment if its revocable under federal law. Employers must stop a wage assignment if employee revokes the wage assignment.

Illinois changes payment schedules and withholding tax filing effective January 1, 2017

All Employers must file form IL-941 quarterly, and comply with the different withholding tax filing and payment schedules. Annual filing option is no longer available. All employers are assigned to pay withheld income tax on a monthly or semiweekly schedule. The annual payment option is no longer available. The form IL-941 has changed and must be used in accordance with the new legislation.

 

Iowa:

Iowa, Johnson County Minimum Wage Increase effective January 1, 2017

  • Iowa, Johnson County Minimum Wage increases to $10.10 an hour

Iowa, Lin County Minimum Wage Increase effective January 1, 2017

  • Iowa, Lin County Minimum Wage increases to $8.25 an hour

 Iowa, Wapello County Minimum Wage Increase effective January 1, 2017

  • Iowa, Wapello County Minimum Wage increases to $8.20 per hour

 

Indiana:

Indiana Local Payroll Tax Change effective January 1, 2017

Indiana currently has three county income taxes. The nonresident local income tax rate structure is reformed to include three county taxes (CAGIT, COIT, and CEDIT) into a single local income tax (LIT), that applies to nonresidents and residents. This new income tax rate will be published by the Indiana Department of Revenue.

 

Kentucky:

Kentucky becomes a “right to work” state effective January 8, 2017

Kentucky is the 27th “right to work” state that bans employers and unions from requiring employees to join a union, pay union fees, or be fired.

 

Maine:

Maine Minimum Wage Increase effective January 1, 2017

  • Maine Minimum Wage increases to $9.00 an hour

Maine Portland Minimum Wage Increase effective January 1, 2017

  • Portland, Maine Minimum Wage increases to $10.68 an hour

 

Massachusetts:

Massachusetts Minimum Wage Increase Effective January 1, 2017

  • Massachusetts Minimum Wage increases to $11.00 per hour

 

Michigan:

Michigan Minimum Wage Increase effective January 1, 2017

  • Michigan Minimum Wage increases to $8.90 an hour

 

Missouri:

Missouri Minimum Wage Increase effective January 1, 2017

  • Missouri Minimum Wage increases to $7.70 per hour due to inflation

 

Montana:

Montana Minimum Wage Increase effective January 1, 2017

  • Montana Minimum Wage increases to $8.15 per hour

 

New Jersey:

New Jersey Minimum Wage Increase effective January 1, 2017

  • New Jersey Minimum Wage increases to $8.44 per hour

Morristown, New Jersey sick leave law takes effect January 11, 2017

Morristown employers with 10 or more employees are to provide 40 hours of paid sick leave per year. Employers with less than 10 employees are to provide 24 hours of paid sick leave per year. Employees that work in childcare, home health care, or food service industries must accrue 40 hours per year regardless of the number of employees. Employees can take sick leave for personal or family member medical condition.

 

New Mexico:

New Mexico, Albuquerque Minimum Wage Increase effective January 1, 2017

  • New Mexico, Albuquerque Minimum Wage increases to $8.80 per hour

 New Mexico, Bernalillo County Minimum Wage Increase effective January 26, 2017

  • New Mexico, Bernalillo County Minimum Wage increases to $8.70 an hour

 New Mexico, Las Cruces Minimum Wage Increase effective January 1, 2017

  • New Mexico, Las Cruces Minimum Wage increases to $9.20 per hour

 New Mexico, Santa Fe Minimum Wage Increase effective March 1, 2017

  • New Mexico, Santa Fe Minimum Wage increases to $11.09 an hour

 

Ohio:

Ohio Minimum Wage Increase effective January 1, 2017

  • Ohio Minimum Wage increases to $8.15 per hour 

Ohio Allows Employees to Have Guns in Locked Vehicles effective March 19, 2017

Ohio amended the senate bill 199 to allow concealed handgun license (CDL) holders the right to keep guns and ammunition in a locked trunk, glove box, or enclosed compartment on company property.

 

Oregon:

Oregon New Paystub Requirements effective January 1, 2017

Oregon law requires employers to provide additional information on itemized pay stubs to prevent wage theft, and expose wage and hour violations. Employees can inspect or get copies of their time and pay records. Employers must comply and include the following information on pay stubs.

  • Date of payment
  • Dates of worked covered by payment
  • Name of employee
  • Name and business registry number
  • Employers address and telephone number
  • Rate of pay
  • How employee is paid (hourly, salary, or commission)
  • Gross wages and net wages
  • Amount and purpose of each deduction
  • Allowances

 

South Dakota:

South Dakota Minimum Wage effective January 1, 2017

  • South Dakota Minimum Wage increases to $8.65 an hour due to inflation

 

Tennessee:

New Tennessee law requires private employers to use E-Verify effective January 1, 2017

Private employers with 50 or more employees are to use the federal E-Verify employment verification process to verify the work authorization status of employees. If an employer violates this law a penalty of $500 a day can be imposed on the employer for failing to use E-Verify.

 

Vermont:

Vermont Minimum Wage Increase effective January 1, 2017

  • Vermont Minimum Wage increases to $10.00 per hour

 Vermont’s Earned Sick Time Act effective January 1, 2017

Vermont employers with six or more employees will be required to provide accrued paid sick leave to employees. An employee will be provided up to 24 hours of earned sick time a year in 2017, 2018 and 40 hours in 2019. An employee can use the sick time for personal or family member’s illness, injury, preventative healthcare, social or legal services for counseling, domestic violence, or sexual assault.

Small Business with five or less employees will not accrue earned sick time until 2018.

 

Washington:

Washington Minimum Wage Increase effective January 1, 2017

  • Washington Minimum Wage increases to $11.00 per hour
  • Washington, Seattle Minimum Wage increases to $15.00 per hour for employers with 500 or more employees
  • Washington, Seattle Minimum Wage increases to $13.50 per hour for employers with 500 or more employees with medical benefits
  • Washington, Seattle Minimum Wage increases to $11.00 per hour for employers with 500 or less employees
  • Washington, Seattle Minimum Wage increases to $13.00 per hour for employers with 500 or less employees with minimum compensation
  • Washington, Sea Tac Minimum Wage Increases to $15.35 an hour
  • Washington, Tacoma Minimum Wage Increases to $11.15 an hour

Spokane, Washington Paid Sick Leave effective January 1, 2017

The Earned Sick and Safe Leave Ordinance requires that all employees working in the City of Spokane can earn and use paid sick time after completing the employers 90 days’ probationary period. If the employer has 10 or more employees, they can accrue up to 40 hours a year. If an employer has 10 or less employees, they can accrue up to 24 hours a year. Any accrued paid sick time leave not used can be carried over to the following year. The paid sick time can be used for personal or family member is sick, injured, preventative care or issues of domestic violence.

 

 Wyoming:

Wyoming OSHA Penalties increase effective February 1, 2017

  • Wyoming OSHA Penalties Adjusted to:
    • Serious Violations -The maximum penalty is $12,471
    • Non-Serious Violations -The maximum penalty is $12,471
    • Failure to Abate -The maximum penalty is $12,471
    • Willful Violations -The maximum penalty is $124,70
  • The OSHA citations must be posted near the site of violations for a minimum of 3 days or until the violations are corrected.

 

 

 

 

 

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Kathryn CarlsonHRDrive Regulatory Updates – March 2017