New mileage rates published: The IRS issued the 2020 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. Beginning on January 1, 2020, the standard mileage rates for the use of a car, van, pickup or panel truck will be: (1) 57.5 cents per mile for business miles driven, down from 58 cents in 2019, (2) 17 cents per mile driven for medical or moving purposes, down from 20 cents per mile in 2019, and (3) 14 cents per mile driven in service of charitable organizations (the same as last year). Besides the standard mileage rates, the notice also includes the maximum standard automobile cost ($50,400 for automobiles (including trucks and vans) that may be used in computing an allowance under a fixed and variable rate plan (FAVR). Source: IR-2019-215, December 31, 2019 IRS Notice 2020-05
Michigan Supreme Court declines to issue opinion on paid leave and minimum wage: The Michigan Supreme Court declined to issue an opinion on the constitutionality of Republicans' lame-duck maneuver to weaken voter-proposed minimum wage and paid sick leave laws, saying a decision should wait until a lawsuit is filed and reaches the justices. However, the democrat Attorney General could issue an advisory opinion otherwise and a lawsuit could then follow, or an employee group could file directly.
Michigan minimum wage is rising in 2020: Michigan Minimum wage increased 1/1/2020 to $9.65. Tipped worker minimum wage is now $3.67/hr.
H-1B changes this coming season: Federal immigration authorities will be implementing an electronic registration system for H-1B petitions that is intended to simplify the annual process. On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) revealed that employers seeking to file H-1B cap-subject petitions for Fiscal Year 2021’s season – which will run from March 1 to March 20, 2020 – will be required to electronically register and pay a $10 registration fee. “The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange,” the agency said in the announcement, “and will provide an overall cost savings to petitioning employers.” Under the new plan, however, employers will be able to enter the annual lottery without preparing a full petition or assembling supporting documentation until they find out that they are actually selected. Instead, for each registration, you will simply need to provide basic information about your organization and the H-1B applicant. The random selection process will be run on these electronic registrations, if necessary. Only those employers with selected registrations will be eligible to file an H-1B petition for that applicant and will have 90 days to file the actual H-1B petition. As the initial registration period nears, USCIS will provide specific instructions on the registration process on its website. Source: Fisher Phillips 12/12/19
Starting in 2020, Illinois joins states requiring annual harassment training: Companies will be required to provide annual workplace training on how to recognize and prevent sexual harassment or face hefty fines under a new state law that takes effect Jan. 1. The law initially requires companies with more than 15 workers to provide annual training aimed at preventing sexual harassment in the workplace. Starting July 1 next year, businesses with at least one worker will have to comply. The new law specifies that, at a minimum, training include definitions of sexual harassment, examples of conduct that is unlawful, and examples of appropriate and inappropriate conduct by a supervisor. The training sessions should also review federal and state laws, employees’ rights and available remedies, and a list of responsibilities companies have in handling claims. Businesses can face steep fines for not complying with the law. An employer that has fewer than four workers could pay $500 for a first offense. The fine can climb to $3,000 on the third offense. For companies with more than four workers, the penalties for the first offense start at $1,000 and go up to $5,000 on the third offense. ASE’s next Harassment Prevention course is January 21st. Learn more and register here. Source: Chicago Tribune 12/27/19
A revolving door requirement pushes ADA limits: A Georgia managed health care provider allegedly refused an ADA accommodation to an employee with a disability which made it traumatic for her to enter revolving doors. As with most such cases, it is usually cheaper to accommodate a disability or a religious request than it is to litigate. So why do some employers insist upon rigid policies and refuse to entertain reasonable accommodations – which is, after all, the law. The EEOC will find out as it pursues the lawsuit that it just filed under the Americans With Disabilities Act (ADA). One would think a health care organization would be on the forefront of accommodations. An EEOC attorney correctly noted that the company “refused to allow [plaintiff] the simple accommodation of using a non-revolving door to access her workplace instead of a revolving door. The company could have saved everyone a great deal of distress, time, and trouble had it made this minimal accommodation.” Source: Fisher Broyles LLP 12/13/19
Federal contractors subject to ban the box starting 2021: The massive defense spending bill passed by Congress last week included the Fair Chance Act, a new “ban-the-box” law regulating federal agencies and contractors that takes effect in two years. The law was supported by a bipartisan group of criminal justice organizations. Holly Harris, the executive director of Justice Action Network, said it will open “tens of thousands of federal government and contracting jobs to people who have made mistakes, but just need a chance to get a foot in the door to present their skills and qualifications.” Source: The Crime Report 12/23/19
Unfair labor practices filed 41.5% of the time when having union elections: In 41.5% of all union election campaigns, unfair labor practice charges were filed against employers, according to a new report by researchers at the Economic Policy Institute (EPI) and University of Oregon. The report also found that employers were charged with illegally firing workers in nearly 20% of all National Labor Relations Board-supervised elections. Importantly, ULP data measures only alleged illegal employer conduct; a charge is not a determination that the law has been violated. In nearly a third (29.2%) of all elections, employers were charged with illegally coercing, threatening, or retaliating against workers for supporting a union. In 29.3% of all elections, employers were charged with illegally disciplining workers for supporting a union. More than half (54.4%) of employers in elections involving more than 60 employees (roughly 25% of elections) were charged with violating federal law.