6 HR Compliance Updates Employers Need to Know for 2021
Have You Seen These Recent HR Compliance Updates?
Over the past month, there have been several HR compliance updates from the government that may impact your organization.
Year-end is always a popular time for the government to release federal compliance updates and new laws that impact employers. December 2020 was no exception. In fact, with COVID and upcoming Presidential transition, the amount of changes to employment law that employers are facing seems unprecedented.
Several compliance updates have been released which impact:
Employee Pay for Travel Time
Employee Leaves of Absence
Employer Posting Requirements, and more…
For busy leaders, it can be difficult to stay up to date with all of the new guidance coming out.
Do you need a quick overview of the HR Compliance updates that may impact your organization?
Look no further! I have a list of compliance updates for you.
Here is a quick list of what I see as the most important recent HR compliance updates. Click the links below if you want more information about any one of these updates. Or, email your questions to me at Skye@skyehrconsulting.com.
The Families First Coronavirus Response Act (FFCRA) expired effective 12/31/2020; however, tax credits are available for employers who continue to offer “FFCRA-like” paid leave benefits. In addition to retiring the FFCRA, the new COVID-19 Relief Bill, expands upon the CARES Act by giving continued federal assistance to unemployed workers ($300 weekly supplemental benefits) and extends the maximum benefit period. Under the bill, there is no incentive for public employers to continue “FFCRA-like” paid leave.
Update to Compensable Travel Time for Remote Employees - The Department of Labor (DOL) released an important update on when to pay remote employees for travel time. Although I think the DOL needs to further clarify travel time for 100% remote employees, this is at least a step in the right direction with some added clarification for employers. "The FLSA specifies that time periods in which covered employees are relieved from duty and which are long enough to enable the employee to use the time "effectively for [the employee's] own purposes" do not count as hours worked under the law. Though travel time "must be counted as hours worked" under the FLSA if the time is part of an employee's principal activity..."
Department of Labor Relaxes Employer Posting Requirements - Even if you are not yet subject to the FMLA (50+ employees) this is an important update because it shows that the DOL is starting to consider electronic posting requirements for remote workers. "Employers may satisfy Fair Labor Standards Act or Family and Medical Leave Act posting obligations by administering an electronic posting if: all employees telework exclusively, customarily receive information electronically and have ready access to electronic postings at all times, DOL said in the first guidance.”
For my clients, I provide an electronic shared document with links to Federal and State posting requirements for their remote employees.
New Independent Contractor Rule - A new rule for when you can consider someone an Independent Contractor (and not subject to payroll taxes) is set to go into place March 2021. The new rule, which includes six specific examples, also establishes and clarifies factors that must be present for someone who is working for you to be considered an Independent Contractor rather than an employee.
Remote Inspection of Form I-9 Documents Continues - The Department of Homeland Security (DHS) will continue to allow employers to review employee identification for purposes of the Form I-9 requirement in certain circumstances. This allowance is extended until at least 01/31/2021 and perhaps we can expect the DHS to keep renewing this allowance. At this point, it remains to be seen.
EEOC Gives Employer Guidance on the COVID-19 Vaccine - From the analysis I have read, it appears that requiring the vaccination is not always considered best practice. Many employers appear to be taking the path of strongly encouraging, but not requiring the vaccine.
Do you have HR Questions?
Email me at skye@skyehrconsulting.com today!
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