2013 HR Regulation Update

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2013 HR Regulation Update

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2013 HR Regulation Update

  1. 1. 2013 HR Regulation Update Kathryn Carlson Product Director, HR Management
  2. 2. Questions? If you have questions during the presentation, please submit them using the “Questions” feature. Questions will be answered at the end of the webinar. Copyright © 2011 TK Carsites. All rights reserved. www.tkcarsites.com.
  3. 3. Department of Labor 100th Anniversary On March 4, 1913, President William Howard Taft signed a bill establishing the U.S. Department of Labor as a cabinet- level Department. This March, one hundred years later, the U.S. Department of Labor will celebrate their centennial anniversary.
  4. 4. EEOC Sets New Records in 2013 The Equal Employment Opportunity Commission (EEOC) had a record year for private sector discrimination claims — securing the recovery of $365.4 million in monetary benefits for fiscal year 2012 through its enforcement activities. This is the highest level of monetary relief ever obtained by the EEOC. According to the EEOC’s recently released FY 2012 Performance and Accountability Report, the agency secured both monetary and non-monetary benefits for more than 23,446 people through administrative enforcement activities — mediation, settlements, conciliations, and withdrawals with benefits.
  5. 5. New I-9 Coming Soon The Form I-9 is on the verge of the first substantive change in 25 years, but not available yet….
  6. 6. E-Verify In 2012, eight states enacted legislation related to E-Verify: Alabama, Georgia, Louisiana, Michigan, New Hampshire, Pennsylvania, South Carolina, and West Virginia. As of November 30, 2012, a total of 20 states require the use of E-Verify for at least some public and/or private employers
  7. 7. Employee Compensation • Standard business mileage reimbursement rate is now 56.5 cents • Minimum wage changes in 10 states and 4 cities • Department of Labor and IRS aggressively pursuing misclassification claims- could you defend each and every employee classification in the event of an audit?
  8. 8. Minimum Wage Increases Arizona – Minimum wage will increase from $7.65 to $7.80 per hour. Tipped employee minimum increases from $4.65 to $4.80. Colorado – Minimum wage will increase from $7.64 to $7.78 per hour. Tipped employee hourly minimum increases from $4.62 to $4.76 Florida – Minimum wage will increase from $7.67 to $7.79 per hour. Tipped employee minimum hourly wage increases from $4.65 to $4.77 an hour. Missouri – Standard minimum wage increases from $7.25 to $7.35 an hour. Minimum wage for tipped employees increases from $3.63 to $3.68. Montana – Standard minimum wage increases from $7.65 to $7.80 an hour. No tip credit is permitted by state law. Ohio – Minimum wage will increase from $7.70 to $7.85 per hour. Tipped employee minimum hourly wage increases from $3.85 to $3.93. Oregon - Minimum wage increases from $8.80 to $8.95 per hour. No tip credit is permitted by state law. Rhode Island – Minimum wage will increases from $7.40 to $7.75 per hour under special legislation enacted in 2012 unrelated to the CPI. Tipped employee hourly minimum of $2.89 per hour is unchanged. Vermont – Minimum wage will increases from $8.46 to $8.60 per hour. Tipped employee hourly minimum wage increases from $4.10 to $4.17. Washington – Minimum wage will increase from $9.04 to $9.19 per hour. No tip credit is permitted by state law.
  9. 9. Social Media Get a policy in place now! California, Delaware, Illinois, Maryland, Michigan and New Jersey already have laws in place that you may not required applicants and employees to provide access to their personal social media accounts…federal legislation under review…
  10. 10. Speaking of the NLRB National Labor Relations Board, or NLRB, issued a new rule in 2012 requiring all employers that are subject to its jurisdiction to provide written and electronic notice to employees of their rights under the National Labor Relations Act. A federal circuit court has temporarily suspended the new requirements until all outstanding issues have been resolved. There has been no deadline posted for when the new NLRB’s notice requirements will go into effect.
  11. 11. Update Labor Posters Now Federal Polygraph Protection Act &OSHA PLUS REQUIRED STATE CHANGES Fines for not having updated and visible posters can be as high at $17,000
  12. 12. The ADA Amendments Act (ADAAA) • Expanded definitions of a disability • Job duties clearly documented • Reasonable accommodations
  13. 13. Don’t Forget State Law California enacted over 35 new pieces of employment-related legislation and regulations but ALMOST every state had something new for employers this year. Trending • Prohibiting discrimination on the basis of unemployment and homelessness • Legal use of marijuana • Non –compete enforcement
  14. 14. Background Checking • Make sure all forms are updates • Review your policy on selection- individualized assessment is crucial for compliance; a) nature of job; (b) nature of conviction(s); and (c) time frame since conviction • Consider which background checks are necessary by position
  15. 15. Preventive Services New regulations issued as part the Affordable Care Act require coverage of certain preventive care services for women at no cost to members for new plan years that begin on or after Aug. 1, 2012 (or when your plan year begins)
  16. 16. New limits on Flexible Spending Accounts • The $2,500 limit is effective for plan years starting January 1, and not the taxpayer’s tax year. • Employers with fiscal year health care FSAs may keep higher reimbursement limits in effect through the end of their 2012-2013 plan year.
  17. 17. What’s next? • Plan/Prevent/Protect • Right to Know • I2P2 • More whistleblower protection • OSHA Recordkeeping changes • Equal Employment Opportunity
  18. 18. Don’t Forget State Law California enacted over 35 new pieces of employment-related legislation and regulations but ALMOST every state had something new for employers this year. Trending • Prohibiting discrimination on the basis of unemployment and homelessness • Legal use of marijuana • Non–compete enforcement
  19. 19. Questions and Answers
  20. 20. Contact Information 20– KPA CONFIDENTIAL – The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information. www.kpaonline.com kcarlson@kpaonline.com 866-228-6587

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