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Linda Harris
(Licensed Private Investigator #23947) | |
Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA)
Signed into law last year, CHIPRA provides assistance to parents in securing health coverage for their children. California's Health Families Program administers the federal program. Under this program any employer who offers group health insurance to employees must provide notice to them of state health insurance premium assistance for dependents that they may be eligible for. The notice must be provided by the first day of the first plan year after February 4, 2010 or May 1, 2010, whichever comes later. It is suggested you work closely with your broker to get these forms and for guidance for premium assistance.
Source: California Employer Advisory, February 2010 |
| New Form I-9
Are you using the newly revised Form I-9 which contains an updated list of acceptable documents that employees must present upon hiring? It was updated August 2009 and contains a note that all documents presented to establish identity and/or ability to work in the U.S. must not be expired. Click here to download the current I-9 form.
Source: HRCalifornia, California Chamber of Commerce, December 2009 |
| Family and Medical Leave Act (FMLA) Update
You might recall that in 2009 an update to the FMLA regulations was implemented providing for new military family leave entitlements which grants caregiver rights to service members' families. This is just a reminder that President Obama recently announced the deployment of 30,000 additional troops to Afghanistan by summer.
JorgensenHR suggests that you make sure you are on top of your obligations including how to calculate the amount of available leave time under the Uniformed Services Employment and Re-employment Rights Act (USERRA) of 1994, FMLA or California leave laws as well as taking steps to prevent adverse employment actions during the reinstatement period.
If you have questions or need assistance with developing policies or implementing FMLA, USERRA or other leave laws, just give JorgensenHR a call at (661) 600-2070.
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Workplace Theft in a Down Economy
This is likely to come as no surprise, but 24 percent of 392 employers surveyed by the Institute for Corporate Productivity indicated an increase in theft of office supplies, products produced by the company, electronics and food items since the economic downturn began. Plus 18 percent indicated an increase in monetary theft by employees as well. Most of these came in the form of padded expense reports, cash disappearing and similar financial misdeeds.
Obviously it is important to hire smart, maintain good records and conduct periodic audits. And if you need assistance developing related policies, screening candidates or investigating potential problem areas, call JorgensenHR at (661) 600-2070.
Source: California Employer Advisory, April 2010 |
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Patient Protection and Affordable Care Act (PPAC) AKA "Health Care Reform"
Health care for 2010 has taken a big leap forward as employers quickly move to redesign their health care plans so they comply with probably the most sweeping piece of social legislation passed in many decades. Part of the challenge is that rules for implementing this new law haven't been written yet. However, here are some of the basic changes that employers will need to contend with over the next several years.
- In 2010 small businesses that offer health care coverage to their employees are eligible for tax credits of up to 35 percent of premiums. The smallest firms, ten or fewer employees, will receive the full credit, while larger small employers will see a lesser credit. This tax credit will increase to 50 percent for the smallest employers in 2014.
- By January 1, 2011, employers with calendar-year plans will have to redesign their health care plans to extend coverage to participants' children up to age 26, eliminate lifetime dollar limits and remove pre-existing condition exclusions for children up to age 19. In addition they will need to narrow allowed spending from flexible spending accounts to eliminate reimbursement for nonprescription, over-the-counter drugs.
- In 2012, employers will be required to report on W-2 income statements the cost of employer-provided health care coverage and amend Flexible Spending Accounts (FSAs) to cap employees' pretax contributions at $2,500. Currently, there is no federally imposed limit on FSA contributions.
- Effective in 2013, a provision which affects employers that offer prescription drug coverage at least equal to Medicare Part D to Medicare-eligible retirees will change. Currently these employers are eligible for tax-free government reimbursement of 28 percent of prescription drug expenses within a certain range. In 2013, employers collecting the cash will not be able to take a tax deduction for retiree prescription drug costs equal to the subsidy.
- In 2014, waiting periods exceeding 90 days for coverage will be barred, pre-existing condition exclusions for any employee will no longer will be allowed and annual dollar limits on covered expenses will have to be eliminated.
- By 2018 health insurance premiums which exceed $10,200 for individuals and $27,500 for families will face a 40 percent excise tax.
While there appear to be some ambiguities regarding some of the legislation, the Obama administration expects to resolve any issues in the near future. It is very important to work closely with your broker, accountant or third party administrator in these matters.
Source: Workforce Week, March 2010 |
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Guidelines for Overseeing Social Media
As popular as social media websites such as Twitter, Facebook and Linkedin are, it is important that employers maintain control over how employees network during business hours. Here are five tips that experts recommend.
- Establish a Company Policy. Be sure it protects employees, company property and company reputation "from false and reckless actions" by employees. That means establishing boundaries of what is and isn't appropriate behavior.
- Avoid Big Brother-Type Sentiments. Communicate the good with the bad, like running with scissors. Networking is a useful tool if handled properly. Suggest that social networking should avoid illegal activity, disclosure of trade secrets or confidential information, use of copyright-protected or patented information, harassing, gossiping and wasting work time.
- Express the Need for Monitoring. For your protection and the employees', obtain signed consent regarding the workplace use of social media. Specify easy-to-understand guidelines and require employees to meet them. Monitor in the least intrusive way possible.
- Hold the Company to the Same Standard. Know and obey the law. Don't pretend to be an employee to access information. (see B. Pietrylo and D. Marino vs. Hillstone Restaurant Group dba Houston's).
- Focus on Protection. Respond appropriately and immediately if you discover dangerous or damaging information on a site. Request its removal by using the site's terms-of-use policy.
Check your employee handbook or contact JorgensenHR for assistance with your policy (661) 600-2070,
Source: Workforce Week, March 2010 |
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Hiring Incentives to Restore Employment (HIRE) Act
Perhaps a bit overshadowed by the health care reform bill, the new HIRE Act also requires employers to prepare themselves for some changes. Toward that end, here are the top four changes that may impact your business.
- Payroll Tax Holiday for Hiring. Anyone you hire after February 3 who was unemployed for at least 60 days prior to their start date can provide your company a tax break. While you'll still need to withhold, you won't have to remit the 6.2 percent OASDI Social Security tax. You get an exemption from that tax for new hires for the rest of the year. You can only claim it from the time the law was enacted on March 19 and the maximum savings is $6,621 per new person.
- Retention Incentive. Hire and retain new employees on your payroll for at least a full year and you get a tax credit equal to the lesser of $1,000 or 6.2 percent of the employee's annual wages.
- Section 179 Expensing Options. These recently expired options are being returned to their previous thresholds of $250,000 as a maximum deduction with an $800,000 phase-out limit. They will expire again on December 31, 2010.
- Extensions Abound. Here is a list of extensions that will benefit companies in certain industries:
- New Markets Tax Credit
- Five-Year Write-Off of Farm Machinery/Equipment
- Tax Incentives for Empowerment Zones
- Renewal Community Tax Incentives, and
- Corporate Contributions of Computer Inventory.
Source: CFO/Daily News, http://www.cfodailynews.com/, March 2010 |
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Clarification of "Son and Daughter" Under FMLA
At this point employers should be well-versed in what the Family and Medical Leave Act (FMLA) means to their business and employees. It allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for a child, spouse or parent or for themselves. The law also allows employees time off for the adoption or birth of a child.
What is often confusing is how this law should be applied given the different parenting relationships and non-traditional families that exist today. That is why the U.S. Department of Labor (DOL) has clarified the definition of "son and daughter" to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave.
This interpretation provides that even if employees have no biological or legal relationship with a child if they assume the responsibilities of a parental relationship, they may stand "in loco parentis" to the child and be entitled to FMLA leave. This is regardless of whether or not a child has both a mother and a father. There is no restriction on the number of parents a child may have under FMLA.
For employers who need help rewriting their leave of absence policy, require clarification on this or other FMLA regulations or have other FMLA or benefit questions, please call JorgensenHR at (661) 600-2070.
Source: SHRM Update, June 22 |
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