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ARE YOU READY FOR 2014?

 

Now that 2013 has come to a close, NFC wants to make sure that your business is prepared to hit the ground running in 2014. Below is a "To-Do" list that we have deemed the TOP 10 PRIORITIES employers should focus on to prepare effectively for the New Year.

 

Please Email or Call Us at 973.665.9100

should you need any assistance in  

preparing your business for 2014.

1 Minimize Your Risk of Violating Increasingly Stringent Laws Related to Social Media

On December 1, 2013, New Jersey became the 12th state to pass a social media password-protection law.  Under the new law, employers are largely barred from accessing current and prospective employees' social media user names and passwords. In addition, the National Labor Relations Board (NLRB) is paying close attention to social media issues, generating guidance that cautions employers to avoid violating federal law in the social media context.  CLICK HERE for an up-to-date practical guide written by NFC Counsel, Rachel M. Manne, Esq. ("Employee Social Media Accounts: What Employers Can and Can't Do", New Jersey Law Journal, December 9, 2013). 

2 Affordable Care Act (ACA) Alert: 2014
  • Prepare for the Employer Mandate in 2015:  The Obama administration has delayed the Employer Mandate that applies to all large employers until 2015.  The Individual Mandate, however, has not been delayed.  Because individuals must have minimum essential healthcare coverage or face penalties, employers should be aware that employees will likely seek to add spouses and dependents to their plans. In addition, employers should evaluate their workforce to determine if they are a "large employer" for purposes of the Employer Mandate.  Large employers should analyze their plans to make sure the plans meet the affordability test and meet the 60% minimum value test.  Employers should treat 2014 as a "test year" for these requirements.
  • Marketplace Exchange Notices:  If your company is subject to the FLSA, then you were required to provide a Marketplace Exchange Notice to all employees no later than October 1, 2013.  CLICK HERE for details on the Marketplace Exchange Notices.
3 Understand How DOMA/Same-Sex Marriage Ruling Impacts Taxes, Employee Benefits and FMLA Rights

The Supreme Court's ruling on DOMA/same-sex marriage has major tax implications, creates substantial changes for many employers and their benefit plans, and implicates over 1,000 federal laws in which marital or spousal status is addressed.  The ruling has also increased the likelihood for married same-sex couples to be extended federal benefits on many levels, including FMLA leave. CLICK HERE for details on the impact of the ruling and what employers need to know. CLICK HERE for the revised Fact Sheet from the DOL reflecting changes to the FMLA as a result of this ruling.

4 Implement Required Minimum Wage Increase -  NJ and CT Employers

Effective January 1, 2014, New Jersey employers must increase minimum wage rates from $7.25 to $8.25 an hour.  Connecticut's minimum wage will also rise from $8.25 to $8.70 per hour.  A second increase will go into effect in Connecticut in 2015, raising the rate to $9.00 per hour.  Because these constitutional amendments will also tie future minimum wage increases to rises in the cost of living, employers should plan ahead to anticipate some increase.

5 Update Your Employee Handbook

Check your employee handbook and make certain that policies for electronic communications systems, social media, and wage and hour requirements are all up to date.  Ensure that your social media policy and all other policies and practices are NLRA compliant.  Employers should also make sure to include an inclement weather policy in light of the increasing and unpredictable weather that can affect your employees' ability to commute to their workplace.  CLICK HERE if you would like to discuss updating your handbook for 2014.

6 Schedule Critical Employment Training Sessions for Q1

Plan sessions now for your managers, employees and Human Resources departments on preventing workplace harassment, managing the risks of Social Media in the workplace, performance management training, conducting effective internal investigations and complying with the FMLA and the ADA.  CLICK HERE to schedule training sessions now.

7 Update Your Recruiting Practices

Ensure that your offer letters, employment agreements, and any existing commission policies/agreements comply with recent state law requirements.  CLICK HERE for assistance in reviewing your recruiting practices.

8 New Employment Laws Affecting New Jersey Employers in 2014

  • The New Jersey Security and Financial Empowerment Act (NJ Safe Act):  Effective October 1, 2013, employers with 25 or more employees must provide unpaid leave to victims of domestic violence.  CLICK HERE for details on the NJ Safe Act and the impact on employers.
  • The New Jersey Law Against Discrimination Amendment:  Effective August 29, 2013, New Jersey employers are expressly barred from retaliating against workers who seek information regarding pay inequality. CLICK HERE for details on this amendment.
  • The New Jersey Unemployment Accounts Bill:  The New Jersey State Department of Labor and Workforce Development is now prohibited from crediting employer unemployment insurance accounts for certain erroneous charges and benefit payments if they were made because the employer failed to respond promptly or adequately to a request for information on the benefits claim.  This applies to benefit payments made on or after October 22, 2013.

9 New Employment Laws Affecting New York City Employers in 2014

  • New York City Pregnant Workers Fairness Act: Effective January 30, 2014 employers are required to offer reasonable accommodations to the needs of an employee for her pregnancy, childbirth, or related medical condition that will allow the employee to perform the essential requirements of the job.  Employers must provide notice of the law to all new employees upon commencement of employment and within 120 days to existing employees.  The NYC Commission on Human Rights has created a poster that provides a concise summary of protections against illegal firing or other actions for pregnant women under the NYC Human Rights Law.  CLICK HERE to download the poster.
  • New York City Earned Sick Time Act: Effective April 1, 2014, New York City employers with 20 or more employees (or 15 or more employees effective October 1, 2015) are required to provide 5 paid sick days per calendar year.  City employers that fall below the threshold will be required to provide unpaid sick days.   CLICK HERE for details on the Paid Sick Leave Law.

10 New Jersey Equal Pay Act - Time to Post 

In November, the New Jersey Department of Labor and Workforce Development implemented the amendment to the New Jersey Equal Pay Act requiring New Jersey employers to inform employees of their right to be free from gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under state and federal anti-discrimination statutes.  CLICK HERE for details on the amendment and posting requirements.  CLICK HERE to download the poster.

 

Please Email or Call Us at 973.665.9100  

should you need any assistance in  

preparing your business for 2014.



From training, counseling and compliance,
to benefits advice and litigation defense,
NFC is here to support you with
deep expertise and cost effective solutions.

 

All the best for a healthy and prosperous New Year.

  

The NFC Team

NEW JERSEY  ●  NEW YORK

 

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