Quick Hits - July 22, 2020 - American Society of Employers - ASE Staff

Quick Hits - July 22, 2020

Quick Hits

DHS extends I-9  requirement flexibility:  The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire July 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days.  This provision only applies to employers and workplaces that are operating remotely. See the original news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.  Employers must monitor the DHS and ICE websites for additional updates about when the extensions end and normal operations resume.  E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see the USCIS COVID-19 webpage for more information.  Source:  DHS 7/22/20

DOL issues new FMLA forms: The U.S. Department of Labor’s Wage and Hour Division (WHD) announced significant steps to streamline optional-use forms that workers can use to request and employers can use to coordinate leave under the Family and Medical Leave Act (FMLA). WHD also published a Request for Information (RFI) in the Federal Register seeking the public’s feedback on the law’s administration and use.  To access these forms go to https://www.dol.gov/agencies/whd/fmla/forms. According to the DOL, WHD’s new forms are simpler and easier to use for employees, employers, leave administrators, and healthcare providers. Revised with substantial public input, the forms include more questions that users can answer by checking a response box, and electronic signature features reduce contact. WHD believes the changes will reduce the time users spend providing information, improve communications between leave applicants and administrators, and reduce the likelihood of violations.  Source:  US DOL 7/16/20

Fall shaping up for virtual schools: If schools are virtual in the Fall, and employees have no other childcare, employers will have to review their policies.  The FFCRA continues until the end of the year.   For employers under 500 employees, the FFCRA applies, and emergency paid sick leave and EFMLA could possibly kick in.  If employees have used up their EFMLA, employers will have to decide what other approaches they may take.  The question is whether the employee can work virtually from home and whether the job allows for the continuation of this practice.   Employers should consult with legal counsel earlier than later to have a game plan in place.

IRS ACA penalty letters being issued after July 15th:  Employers should start gearing up for IRS penalty letters issued under the Affordable Care Act. According to an announcement posted on the IRS website, the IRS “has postponed mailing and responding to Employer Shared Responsibility Payment (ESRP) related correspondence until after July 15, 2020.” This decision to postpone ESRP correspondence was made based on the COVID-19 considerations. Under the ACA’s Employer Mandate, certain employers (called Applicable Large Employers or ALEs) must either offer Minimum Essential Coverage to their full-time employees (and their dependents) and that is “affordable” and provides “minimum value” to the employee, or make an ESRP to the IRS.  In further worrying terms, the IRS Office of the Chief Counsel recently issued new field advice (“Field Notice”) making it clear that there is no statute of limitations for the assessment of an ESRP under Internal Revenue Code Section §4980H. This means that current and past non-compliance with the ACA can create liabilities.  Source:  The ACA Times 7/10/20

DOL requesting comments on National Paid Sick Leave:  The U.S. Department of Labor announced a Request for Information regarding the impact of paid family and medical leave on America’s workforce.  Specifically, the Department’s Women’s Bureau is requesting comment on the effectiveness of current state- and employer-provided paid leave programs and the impact that access or lack of access to paid leave programs has on women and their families. The information provided will help the department identify promising practices related to eligibility requirements, related costs, and administrative models of existing paid leave programs. The Request for Information’s comment period will remain open for 60 days after its publication in the Federal Register. Instructions for submitting comments to the Federal Register are included in its FAQs.  Source:  US Dol 7/16/20

EEO-1 contact information update:  Effective immediately, please send all EEO-1 data collection inquiries, questions, or concerns to [email protected]. Please be advised that the following changes have also been made for EEO-1 mail address, telephone, and fax numbers.

U.S. Equal Employment Opportunity Commission

Office of Enterprise Data and Analytics, Employer Data Team

131 M Street, NE

Room 4SW32J

Washington, DC 20507

If you need to speak with Employer Data Team (EDT) staff about the EEO-1, please call them toll-free at (866) 286-6440. Please fax any materials to (202) 663-7185.  Source:  EEOC 7/7/20

EEOC to analyze EEO-1 Component 2 data (pay data): The U.S. Equal Employment Opportunity Commission (EEOC) announced that the Commission has voted unanimously to fund a statistical study with the National Academies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) to conduct an independent assessment of the quality and utility of the EEO-1 Component 2 data for FY 2017 and 2018, which was collected last year as the result of a court order. The Information Quality Act requires the EEOC to assess and assure the quality and utility of data collected by the agency. In order to meet the requirements of the Information Quality Act, the assessment by CNSTAT will examine the fitness for use of the data, including the utility of pay bands in measuring pay disparities and potential statistical and analytically appropriate uses of the data.  The CNSTAT assessment will also inform the EEOC’s approach to future data collections.  The assessment is expected to be completed by end of 2021.  The EEOC is not expecting to collect pay data in 2021, although it will collect two years of demographics by March 31.  Source:  EEOC 7/16/20

Pandemic getting to you? Move to Barbados:  One of the benefits of the pandemic has been the realization that so many jobs can be done remotely, and you don't need to be chained to a desk 9-5 anymore. Although there is a belief that business travel may never fully recover, it is likely that travel for remote working may nearly balance this out. Barbados is a’calling: The island of Barbados in the Caribbean is cashing in on the phenomena by trying to tempt people to stay long term on its island. Short term international vacations are thought to be less enticing for travelers in the age of Coronavirus, which brings with a whole level of stress past the usual queues and security searches. Therefore, Barbados is targeting travelers on a long-term basis to make up for the loss in short term stays. In announcing the scheme, the Prime Minister said, "You don't need to work in Europe, the U.S., or Latin America if you can come here and work for a couple of months at a time, go back and come back. But in order for those things to truly resonate, what does it mean? It means that what we offer has to be world-class, and what we continue to offer is world-class."  Source:  Forbes 7/9/20

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