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Facts you need to know about the Drug Free Workplace Act of 1988:
| Employers |
Employees |
| Employers must certify to the contracting or granting agencies that they maintain a drug free work place by publishing (posted in employee handbook and on job sites) and administering specific drug free workplace policies and a drug awareness program. |
Individuals who have drug problems may come forward under ADAAA to be protected as a disability; only if they have or are in a drug rehab program. |
| Applies to federal contractors with contracts of $25,000 or more. |
No employment action can be taken on them once they are protected by ADAAA. |
| If you have a drug program at your company, you must train supervisors on how to tell if someone is intoxicated or on drugs at least once every 3 years. |
Employees must notify their employer of criminal drug or alcohol conviction for a violation occurring in the workplace no less than 5 days after conviction. |
| Inform employees on 1) the dangers of drug abuse, 2) company policy, 3) any available drug counseling, rehab, or EAP programs offered. |
Employees must communicate to their employer imposing a sanction of requiring satisfactory participation in drug abuse assistance or rehab program. |
The following items should be included in your employee handbook:
Define reasons for testing program.
- Pre-employment
- For cause
- Post accident testing
- Random testing
Policy should be publicly stated:
- in offer letters
- in employment ads
Demonstrate need and objectives of testing program:
- Consider nature of job.
- Obligation to maintain safe workplace.
- Prevention of negligence liability.
- Government contract program.
- Define who will screened.
- Define what drug related issues be reported to the authorities.
- Define when employee or applicants be subject to testing.
- Define what will happen if an employee or applicant refuses testing.
- Define which drugs are included in the testing and their limits.
- Define what action will be taken if employee or applicant tests positive.
- Define if an EAP program will be implemented to help.
Conduct supervisor and management training.
Health Care reform is complex and difficult to understand.
You have until SEPTEMBER 2010 to get in compliance, or face fines.
Here is a synopsis of the IMMEDIATE changes ALL employers must comply with for the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act:
Continue Reading…
The Hiring Incentives to Restore Employment Act of 2010 (HIRE) became law on March 18, 2010 as signed by President Obama. Unfortunately, this new law did not get a lot of press due to the Health Care Reform Passage, but is critical for employers who intend to hire.
Under this law, an employer who hires an employee after February 3, 2010 and before January 1, 2011, will receive a tax credit equal to the employer’s portion of the Social Security tax (FICA) for hiring an unemployed worker for new positions or replacement for employees who resigns or discharged for cause. All employers except government institutions are eligible for this great tax credit.
Key facts of the HIRE Act:
- Temporary payroll tax forgiveness of the employers 6.2% share of Social Security taxes (FICA) on wages paid to new hires. Employers will not have to match 6.2% of FICA on the employee’s wages for 2010. The exemption is effective March 19, 2010 to December 31, 2010.
- There is an additional general business income tax break of $1000 per employee hired for all businesses who hire a qualified employee under the ACT. This applies only if the employer continues to employ the employee for 52 weeks.
- Revised IRS Form 941 (Employers quarterly federal tax return) to document these tax credits.
To qualify for ACT, employees:
- Must be hired after Feb. 3, 2010 and before January 1, 2011
- Must certify and sign an affidavit stating the employee had not been employed for more than 40 hours during the 60 days period prior to the new hire date with new employer. On April 7, 2010 the IRS released its final version of Form W-11 which is the HIRE Employee Affidavit. The IRS does not require employers to send the affidavits in, however these should be kept in the employee’s file.
- Must be employed for a new position or replacing an employee who voluntarily quit or discharged for cause.
- Are not covered by the Work Opportunity Tax Credit program.
- Are not relatives of the employer.
- Can not earn more than $106,000 per year.
Reference: SHRM Article 3/27/2010: Hiring Incentives to Restore Employment Act of 2010 (HIRE)
Genetic Information is the most recent protected characteristic (such as race, religion, and sex) to be added to the Civil Rights Act of 1964.
The Genetic Information Nondiscrimination Act (GINA) of 2008 [Public Law 110-233, H.R. 493, S. 358] was signed into law by President Bush on May 21, 2008. The law prohibits health insurers and employers from discriminating on the basis of genetic information and sets a national baseline of protections from any such discrimination across the country. In the legislation, the term “genetic information” means a person’s genetic test results, the genetic test results of an individual’s family members and/or information about a genetic disease or disorder in family members.
Here are 5 things all employers need to do ASAP to be compliant with this law.
1) Revise all your EEO statements and job applications to include genetic non-discrimination.
2) Post new EEO nondiscrimination posters.
3) Train all managers on what this means. (CALL ME – I CAN HELP WITH THIS.)
4) Discontinue requests for family medical history from post offer or fitness of duty evaluations or in connection with reasonable accommodations.
5) Store genetic information in confidential medical files.
Additionally you need to be aware of the following:
- Employers are barred from disclosing genetic information.
- Employers cannot receive individual identifiable genetic information.
- Company wellness programs that provide premium differential for completing Health Risk Assessments, and ask for family history, may violate GINA if there are incentives given.
- You can be fined up to $50,000 for non-compliance!
Suing employers for Family Discrimination is one of the fastest growing lawsuits today.
The Center for Work Life Law, in February 2010, reported that lawsuits claiming bias against workers who care for children or ageing parents has increased 400% in the past decade. The average verdict in family responsibilities discrimination (FRD) case now is more than $500,000.
2,100 lawsuits have been filed due to discrimination claims relating to maternity leave (67%); employees who have to take care of elder parents (9.6%), care for sick children (7%), care for ill spouses (4%), time off for newborn care by fathers (3%), and care for a family member who is disabled (2.4%).
Most lawsuits (88%) were filed by women; 12% were filed by men. The lawsuits have been brought against small and large employers in every state and industry. Employees prevail in about 50% of the cases.
Employers need to ensure that they a complying with their state and federal laws regarding FMLA, ADAA, Civil Rights Act of 1964 and Title VII. If you have questions about any of this, or think your company might be at risk, call me today so I can help you.
Source: SHRM: Cost of Family Responsibilities Discrimination Increasing for Employers. By Joanne Deschenaux, 3/9/2010
President Obama signed this bill into law on 12/19/2009 (P.L. No:111-118). This federal spending bill includes two important provisions:
1. Extended and expanded the COBRA subsidy program enacted under the American Recovery and Reinvestment Act (ARRA). This expands the COBRA premium subsidy period to employees who were/or are involuntarily terminated on or before 2/28/10. Employers who have affected employees will pay the 65% subsidy for employees COBRA payments and employees will only need to pay 35% of their COBRA coverage. The COBRA premium subsidy is extended from 9 months to 15 months and employers must notify the affected terminated employees.
2. Extended unemployment benefits through July 31, 2010. For example, an individual who runs out of all their unemployment benefits on or before 2/20/2010 may be eligible for an extension of an additional 14-20 weeks of benefits. All affected employees are encouraged to contact your state’s unemployment office to understand their detailed unemployment benefits. Each state, depending on their unemployment rates will have different weekly extentions.
The Internal Revenue Service has provided the following guidance for 2010 regarding standard mileage for various expenditures.
These new rates are lower than the allowance given in 2009!!
Beginning on Jan. 1, 2010, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
- 50 cents per mile for business miles driven
- 16.5 cents per mile driven for medical or moving purposes
- 14 cents per mile driven in service of charitable organizations
Click here to download the new 2010 W-4 that should be filled out by all employees. If a new W-4 is not filed out in 2010, then all EMPLOYERS are to begin withholding as if the employee were single claiming no withholding allowance until the employee submits a new W-4.
President Obama signed a FMLA coverage extension for Military Families on October 28, 2009. The 2010 National Defense Authorization Act (NDAA) extends FMLA exigency leave coverage to both active duty members of Armed Forces, Reserves and National Guard, and family members of active members of the Armed Forces, Reserves and National Guard. The FMLA provides 26 weeks of leave and is only for employers with 50 or more employees. This new laws covers FMLA caregiver leave for up to five years after the veteran ends active duty. Qualify exigencies are the following:
1. Short-notice deployment
2. Military event and related activities
3. Childcare and school activities
4. Financial and legal arrangements
5. Counseling
6. Rest and recuperation
7. Post-deployment activities and
8. Additional activities to address other events which arise out of the covered military members’ active duty or call to active duty.
President Obama approved the extension of Unemployment Benefits an extra 14 weeks of benefits in states with unemployment rates less than 8.5% and an extra 20 weeks in states with unemployment rates above 8.5%. Any individual whose benefits have expired will be eligible to re-apply for the additional benefits.
Click here to check the current unemployment rate in your state.
The Fair Labor Standards Act (FLSA) is a federal law that many employers mistakenly (and sometimes not so mistakenly) violate. From the miscalculation of overtime payment, mis-classifying non-exempt employees, expecting employees to work off the clock, to improper record keeping, more and more employees are challenging employers in court and the Department of Labor is cracking down on violators.
Employers must keep certain records for each non-exempt (hourly) employee. The law requires this information be accurate on all current AND past employees.
Here is the Checklist the DOL uses to audit YOUR files!
1. Employee’s full name and social security number.
2. Address including zip code.
3. Birth date, if younger than 19.
4. Sex and Occupation.
5. Time and day of week when employee’s workweek begins.
6. Hours worked in a day.
7. Total hours worked each workweek.
8. Basis on which employee’s wages are paid (hour/piece/weekly/commissions/etc.)
9. Regular hourly pay rate.
10. Total daily or weekly straight-time earnings.
11. Total overtime earnings for the workweek.
12. All additions to or deductions from employee wages.
13. Total wages paid each pay period.
14. Date of payment and the pay period covered by the payment.
If you have questions regarding these requirements please call DAS HR Consulting at (817) 343-0066.
Reference: Department of Labor Wage and Hour Current Regulations. http://www.dol.gov/
