Unemployment Expanded to Include Individuals Who Won’t Return to Work Due to Noncompliant COVID Environments

On February 25, 2021, the DOL issued guidance to state unemployment agencies that expands the eligibility of employees who declined to work due to pandemic safety concerns to receive Pandemic Unemployment Assistance (PUA). The new guidance expanded PUA eligibility to three categories of employees: Workers receiving unemployment benefits who had their continued regular unemployment benefits’ claims denied Read More

EEO-1 Data Entry Timeframe Finally Set

On March 29, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the opening date for the collection of 2019 and 2020 EEO-1 data will be April 26, 2021. The final deadline for employers to submit that data is July 19, 2021. Employers with more than 100 employees are required to file EEO-1 data (workforce demographic information) annually. This requirement also applies to federal contractors with Read More

OSHA Rolls Out Targeted Investigation Program

On March 12, 2021, OSHA released its new temporary COVID-19 National Emphasis Program (NEP) that will expand its inspection and enforcement efforts to protect workers at high risk for contracting COVID-19. The NEP targets certain industries and worksites that the agency considers “high-hazard” environments and is effective immediately. Targeted Industries OSHA developed a list of primary and secondary targeted Read More

DOL Plans to Roll Back Joint Employer & Independent Contractor Rules

On March 11, 2021, the U.S. Department of Labor (DOL) announced proposals to rescind the Independent Contractor Final Rule and the Joint Employer Rule, stating that the rules would “significantly weaken protections afforded to American workers under the Fair Labor Standards Act.” Independent Contractor Status Under the FLSA The Independent Contractor Final Rule, issued on January 7, 2021, established new standards Read More

CDC Updates Workplace Vaccination Program

To help employers increase the number of fully vaccinated employees, the Centers of Disease Control and Prevention (CDC) has updated its workplace vaccination program recommendations as follows: Assess COVID-19 Vaccination Option for Employees There are two primary options for vaccinating employees: onsite at work or offsite in the community. Employers that have a large workforce with predictable schedules, enough Read More

CDC Issues Guidance for Fully Vaccinated People

The Centers of Disease Control and Prevention (CDC) recently issued its recommendations for Americans that have been fully vaccinated. The CDC considers people to have been fully vaccinated once two weeks have passed since they received the second dose in a two-dose series (Pfizer or Moderna vaccines) or two weeks after they receive a single-dose vaccine (Johnson & Johnson). The CDC made it clear that this Read More

ARPA and Dependent Care FSA: Understanding the Recent Guidance

The Consolidated Appropriations Act (CAA), which was signed into law in December 2020, allowed for certain relief pursuant to dependent care flexible spending accounts (DCFSAs) as follows: All unused benefits in plan years ending in 2020 may be carried over into the plan year ending in 2021. Similar relief is also available for unused FSA benefit carryovers for plan years ending in 2021 into the plan year Read More

American Rescue Plan Act Expands Employees Covered by 162(m) Deduction Limit

Section 162(m) of the Internal Revenue Code focuses on publicly held corporations and deductions for compensation paid to covered employees. This section does not allow these corporations to deduct compensation that exceeds $1 million per year.  Under current law, covered employees include: Anyone who served as the principal executive officer at any point during the taxable year. Anyone who served as the Read More

DOL Proffers Three-Pronged Guidance on Cybersecurity Breaches for Retirement Plans

BY ANNE TYLER HALL AND ERIC SCHILLINGER  Cybersecurity has become a daily struggle for businesses. In the last decade, cybersecurity breaches soared, with companies like Capital One having more than 100 million individuals impacted.  The unprecedented technological challenges caused by the global pandemic have exacerbated the cybersecurity vulnerabilities of employers, many of which already struggled with Read More

Federal Court Determines That Autism Treatment Exclusion Violates Mental Health Parity and Addiction Equity Act

On March 5, 2021, a California federal court ruled in Doe v. United Behavioral Health that UnitedHealth violated the Mental Health Parity and Addiction Equity Act (Parity Act) and federal benefits law by refusing to pay for a common form of autism treatment. Plaintiff Jane Doe filed the suit on behalf of her son against UnitedHealth, which was the administrator of the employer-sponsored health plan at Wipro Ltd., Read More