Compliance Corner with Norma

Tell Your Employees.... About the Exchange

Before October 1, 2013, employers must notify their employees about the new healthcare Exchange. The notice must be given before October 1st, the date when open enrollment begins for the healthcare Exchange.

The notice must be distributed by all employers without regard to (1) the number of employees or (2) whether a group health plan is offered to employees. Fortunately, employers don't have to create the employee notice from scratch. They can use the model notice created by the U.S. Department of Labor (DOL).

The model notice comes in two versions, but each version begins with the same standardized information. On the first page there is general information about the

New Model Forms Released: Health Insurance Exchange Notices and Revised COBRA Election Notice

2014 Contribution Limits and Minimum Deductibles for Health Savings Accounts

The IRS has released the 2014 inflation adjusted amounts for health savings accounts (HSAs). To qualify for an HSA, an individual must be covered under a high deductible health plan (HDHP) and meet certain other eligibility requirements.

HSA Basics 
An HSA may receive contributions from an eligible individual or any other person, including an employer or a family member, on behalf of the individual. Contributions, other than employer contributions, are deductible on the eligible individual's return. Employer contributions are not included in income. Distributions from an HSA that are used to pay qualified medical expenses are not taxed.

 

Q&As Address Cancer and Other Specific Disabilities in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued four revised documents on protection against disability discrimination. Specifically, the guidance addresses how the Americans with Disabilities Act (ADA) applies to applicants and employees with:

The  (ADA) applies to applicants and employees with:

• Cancer,
• Diabetes,
• Epilepsy, and
• Intellectual disabilities.

In plain, easy-to-understand language, the revised documents reflect the changes to the definition of 'disability' made by the ADA Amendments Act that make it easier to conclude that individuals with a wide range of impairments are protected by the ADA. Each of the documents also answers questions about topics such as:

• When an employer may obtain medical information from applicants and employees;
• What types of reasonable accommodations individuals with these particular disabilities might need;
• How an employer should handle safety concerns; and
• What an employer should do to prevent and correct disability-based harassment.

The ADA applies generally to private employers with 15 or more employees. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws may apply to smaller employers and may provide protections in addition to those available under the ADA.

Our section on the ADA includes additional information on disability discrimination in the workplace. 

Source: HR360.com 

Workplace Dress Codes -- 3 Do's and Don'ts for Employers

The arrival of summer temperatures, along with a more relaxed feel around the office, can leave some employers unsure about how to set dress standards that are both in line with the company image and in compliance with the law. Consider the following do's and don'ts:

1. DO Make Sure Your Policies are Clearly Communicated
Your dress code will more likely be observed if it is communicated in a clear and unambiguous manner, including:

• Your company's philosophy about the image it wishes to present;
• A list of appropriate business attire for both men and women;
• When formal business attire is required;
• Examples of acceptable and prohibited
   attire (for instance, are sandals or t-shirts permitted on 'dress-down Fridays'?); and
• How the policy will be enforced.

2. DON'T Single Out Specific Groups of Employees
Employers are generally permitted under federal law to establish dress codes which apply to all employees or to employees within certain job categories. Keep in mind the following guidelines for employers subject to the laws enforced by the EEOC:

• A dress code must not treat some

  employees less favorably because of their

  national origin. For example, a dress code that prohibits certain kinds of ethnic dress, but otherwise permits casual dress, would treat some employees less favorably because of their national origin.
• If a dress code conflicts with an employee's religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship.
• If an employee requests an accommodation to the dress code because of his or her disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.

3. DON'T Deduct for Uniforms Unless Net Wages Exceed Minimum Wage
Uniforms present unique challenges for employers. Generally, if an employer requires that employees wear a particular color, such clothing would not be a uniform. However, if a specific type and style of clothing is required or if clothing containing the employer's emblem or logo must be worn at work, such clothing would generally be considered a uniform.

The federal Fair Labor Standards Act (FLSA) does not allow uniforms to be included as wages. If you require your employees to bear the cost of their uniforms, their wages may not fall below the federal minimum wage of $7.25 per hour. In addition, the cost of the uniform may not cut into an employee's overtime compensation.

Additional Information
The U.S. Small Business Administration offers additional tips for employers related to dress code policies. Be sure to comply with any applicable state-specific laws and consult with an employment law attorney to identify issues that may be unique to your workplace, including the presence of hazards that may require the use of personal protective equipment such as safety glasses, hard hats, and safety shoes.