Notice of Proposed Rulemaking: Overtime Update On March 7, 2019 the Department of Labor announced a proposed rule that would make more than a million more American workers eligible for overtime. Under currently enforced law, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 […]

Internships and Pay The Fair Labor Standards Act (FLSA) requires “for-profit” employers to pay employees for their work. Interns and students, however, may not be considered “employees” under the FLSA, in which case the FLSA does not require compensation for their work. How to Determine if an Intern Is an Employee The U.S. Department of […]

The U.S. Department of Labor (DOL) recently increased the civil penalty amounts that may be imposed on employers for a wide range of benefits-related violations. These increased amounts apply to civil penalties that are assessed after Jan. 23, 2019. Employers should become familiar with the new penalty amounts and review their pay practices, benefit plan […]

IRS Extends ACA Deadline The IRS released notice 2018-94 extending the annual deadline for distributing form 1095-C for the 2018 tax year. The deadline for employers to file all Forms 1095-C and 1095-B with the IRS remains February 28, 2019 or April 1, 2019, if filing electronically. Employers with 50 or more full-time employees, including […]

The FSA limit will increase in 2019 The ACA imposes a dollar limit on employees’ salary reduction contributions to health flexible spending arrangements (health FSAs) offered under cafeteria plans. This dollar limit is indexed for cost-of-living adjustments and may be increased each year. New Limit Amount In November 2018, the IRS increased the health FSA […]

NY Model Sexual Harassment Policy New York State has released finalized versions of its model sexual harassment prevention training program and model sexual harassment prevention policy.  Every employer in the New York State is required to adopt a sexual harassment prevention policy. An employer that does not adopt the model policy must ensure that the […]

New Hire Form I-9 Audits Have Increased. From October 1, 2017-May 4, 2018, U.S. Immigration and Customs Enforcement (ICE) conducted 2,282 Form I-9 audits, up from 1,360 audits from October 1, 2016-September 30, 2017. Given this dramatic increase, employers should take a moment to ensure that their Form I-9 compliance practices meet federal requirements. Businesses […]

The Internal Revenue Service (IRS) has announced the 2019 inflation-adjusted amounts for Health Savings Accounts (HSAs) and high deductible health plans (HDHPs).  The chart below summarizes the limits.   Contribution and Out-of-Pocket Limits for Health Savings Accounts and High-Deductible Health Plans 2019 2018 Change HSA contribution limit (employer + employee) Self-only: $3,500 Family: $7,000 Self-only: […]