The Equal Employment Opportunity Commission (EEOC) has updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” web page with a new Q&A section about COVID-19 vaccinations for employees. The new section addresses how employers that require vaccinations for workers should respond to any employee unwilling to receive a vaccination because of a disability or sincerely Read More
IRS Announces “Compliance Strategy” for Excess Executive Compensation Paid by Tax Exempt Entities
The Tax Cuts and Jobs Act (TCJA) enacted in December 2017 created a 21% excise tax on executive compensation in excess of $1 million paid by tax-exempt organizations to certain employees (IRC Section 4960). Covered employees include the five highest-compensated employees of an organization or an individual who qualified as a covered employee in a preceding taxable year. On November 5, 2020, the IRS’s Tax Exempt Read More
3 Tips for Proactive Wage and Hour Risk Management
Based on the anticipated priorities of the Biden administration, employers and HR professionals may expect an increase in Department of Labor (DOL) audits and investigations. Although DOL audits may take many forms, the DOL’s Wage and Hour Division is expected to be more persistent in its enforcement of payroll compliance, including the appropriate payment of overtime. As your risk management partner, HBL offers the Read More
EEOC Guidance on COVID-19-Related Inquiries and Medical Exams
The Americans with Disabilities Act (ADA) restricts when and how much medical information an employer may seek to obtain from an employee or job applicant. In general, inquiries about disabilities or medical exams are prohibited before an employer makes a conditional job offer to an applicant. However, those inquiries are permitted between the time the offer is made and when the applicant starts work, as long as they Read More
3 Tips to Avoid OSHA Citations Related to COVID-19
As businesses across the country return to in-person operations, the Occupational Safety and Health Administration (OSHA) has been activity enforcing workplace safety related to COVID-19. As your risk management partner, we offer you the following three tips to avoid OSHA citations related to COVID-19... Tip #1: Develop a safety plan around state and federal guidelines. OSHA enforces employers’ general Read More
HR Challenges: CDC’s New Definition of “Close Contact”
New guidelines from the U.S. Centers for Disease Control and Prevention (CDC) on what constitutes “close contact” with a person infected with COVID-19 will require many employers to update their COVID-19-related safety practices and policies. Previously, the CDC had defined a “close contact” as someone who was within six feet and spent at least 15 consecutive minutes in the presence of an infected individual. The Read More
Minimizing the Legal Risk of Telework Accommodations
After learning to operate remotely, employers across the country have been reconsidering the place of telework, particularly as an accommodation for individuals with disabilities. As employers move forward with a “new normal” perspective on telework, the Equal Employment Opportunity Commission (EEOC) has been continuing its enforcement effort surrounding telework accommodations. As your risk management partner, Read More
3 Tips for Responding to Cases of COVID-19 in the Workplace
By now, many employers have had at least one case of COVID-19 in their workplace. Especially considering the sweep of tort lawsuits across the country, employers’ responses to the presence of an infection in the workplace is of crucial importance to managing both legal and reputational risk exposure. As your legal risk management partner, HBL offers the following three strategies for responding to cases of Read More
Key Considerations for Employers Considering Pooled Employer Retirement Plans
The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) established a new structure whereby a group of unrelated employers could participate in a single defined contribution plan called Pooled Employer Plans (PEPs) as of January 1, 2021. How PEPs are Managed Pooled Employer Plans (PEPs) must be administered by a Pooled Plan Provider (PPP), which acts as the plan sponsor, handling all Read More
3 Tips to Prevent FMLA Leave Abuses
Not to be upstaged by the Families First Coronavirus Response Act, the Family and Medical Leave Act (FMLA) continues to present daily management challenges. For covered employers, the FMLA entitles eligible employees to 12 workweeks of unpaid job-protected leave for family and medical leave, and up to 26 workweeks for military caregiver leave. In practice, however, the FMLA has been misunderstood to significantly Read More