(Note: This post was written in conjunction with Madeline McDonnell and Adriana Popovich, both StratEx HR Account Managers.)
Happy New Year! As we do each year, we’ve put together our list of “Must-do” HR updates for a successful and friction-free coming year. Please read through these changes and implement them wherever they apply to you.
1. Review your Handbooks
With the New Year comes changes to legislation and specific legal updates at the federal, state and local level. Make sure to revise any updated policies or procedures in your handbook in order to remain compliant in the coming year.
2. Update Labor Law Posters
Remember to order new federal and state labor law posters for 2017 if you have not updated them since last year. This will ensure all new and applicable labor law notices are posted for your employees’ reference. Check out this link for more details about posters and how to order them.
3. Stay on top of ACA Reporting
If you were an Applicable Large Employer in calendar year 2015 (50 or more full time/full time equivalent employees) you are required to report in 2016. Make sure you have a plan in place for issuing and filing 1094/5-C forms.
Important Update: The IRS released a notice extending the deadline for furnishing the Affordable Care Act Form 1095-C and 1095-B statements to employees and covered individuals from January 31, 2017 to March 2, 2017. However, the deadline to file the ACA information returns with the IRS has not been extended. The deadlines remain February 28, 2017, if filing by paper, and March 31, 2017, if filing electronically.
StratEx offers ACA reporting services. Please reach out to your HR Account Manager with any further questions on this subject.
4. Implement Sick Leave Legislation
Several states, cities and counties will have new paid sick leave legislation go into effect starting in 2017.
For example, Illinois, Vermont (employers with 6 or more employees) and Spokane, Washington have new paid sick leave legislation taking effect on January 1, 2017. Other locations following suit include Arizona, Minneapolis, Minnesota, Saint Paul, Minnesota (employers with 24 or more employees), Chicago, Illinois and Cook County, Illinois, effective July 1, 2017. Beginning January 1, 2017 covered federal contractors will also be required to provide paid sick leave to employees.
Please don’t hesitate to reach out to your HR Account Manager regarding which state and local leave laws may be affecting your location(s) and/or your business.
5. Stay tuned: DOL Salary Threshold Postponed
In May 2016, the Department of Labor (DOL) announced a new overtime rule, which was scheduled to take effect December 1st, 2016. The new rule was introduced to raise the minimum salary threshold an employee would need to earn in order to be exempt from federal overtime regulations from $23,660 to $47,476. The rule also included an adjustment of the salary threshold every three years. Ten days before the implementation date, a federal judge in Texas placed an injunction on the DOL’s new rule.
For now, the implementation of the rule is on hold while the court determines both whether the DOL has the authority to create the rule and the rule’s validity. Employers are not required to implement the updated threshold until the case makes its way through the court and the final decision is announced. Stay tuned!
6. Start Using the New I-9
On November 14th, U.S. Citizenship and Immigration Services (USCIS) released an updated Form I-9 that must be used by all employers by January 22nd, 2017. These changes have been put in place to facilitate electronic completion of the form, such as drop-down lists, calendars to fill in dates, and on -screen instructions for each field. StratEx will have the updated Form I-9 available in eStratEx by the deadline. The current form may be used until January 22nd, 2017. You can access the updated form and instructions here.
7. Prepare for EEO-1 Reporting Updates
Effective in 2017, the Equal Employment Opportunity Commission (EEOC) released a proposal to collect additional data about employees’ pay on the Employer Information Report (EEO-1).
Every year by September 30th, most federal contractors and private employers with at least 100 employees report their employee numbers separated by job category as well as by sex, race, and ethnicity on the current version of the EEO-1 report. The new proposal will build on the existing structure to require reporting on the number of employees within specified pay bands.The pay data will provide insight into pay disparities across professions and strengthen efforts to combat pay discrimination.
The EEOC will compile aggregate data, which will also help employers evaluate their own pay practices to prevent pay discrimination within their organization. Although the new reporting is not due until March of 2018, we highly suggest conducting an equal pay audit to cut down on any potential risk or inquiries into your pay practices.
8. Create policies around Medical Marijuana
Currently, over 20 states, plus the District of Columbia, have legalized medical marijuana to treat serious health conditions. However, these laws do not change an employer’s right to maintain a drug-free work environment. For additional questions concerning client handbooks and/or drug testing policies, please reach out to your StratEx HR Account Manager.
9. Implement OSHA Changes
2016 OSHA Checklist
On November 1, 2016, employers should have:
- Posted the new OSHA “It’s the Law” Poster
- Updated/established reporting procedures
- Reviewed and revised drug testing policies
Find more details on these requirements here.
2017 OSHA Changes
- Electronic Reporting & Anti-Retaliation Provisions
- On January 1, 2017, employers are required to electronically submit injury and illness data online instead of recording the information on their onsite OSHA forms.
- Anti-retaliation provisions have also been added to the electronic form to prevent employers from discouraging workers from reporting an injury or illness.
- You can read more about this topic on the OSHA website here.
- OSHA Updates Walking-Working Surfaces Standard for Preventing Slips, Trips, Falls
- On January 17, 2017, OSHA will be implementing a final rule updating the general industry Walking-Working Surfaces standard for preventing slips, trips and fall hazards.
- You can find more information on this topic on the OSHA website here.
The new year always includes changes in employment law. Please keep these topics in mind and make updates wherever necessary to keep your company as friction-free as possible. And don’t hesitate to contact an HR Account Manager at StratEx with any questions on these, or any other HR topics.