ACA affordability updated for 2021: For the 2021 plan year, employer-sponsored health coverage will meet the Affordable Care Act’s affordability standards if the required employee contribution doesn't exceed 9.83% of household income (up from 9.78% in 2020). For calendar-year plans using the federal poverty line (FPL) affordability safe harbor, the monthly employee required contribution for the lowest-cost, self-only option with minimum value cannot exceed $104.53 (up from $101.79 in 2020).  Source: Mercer 7/23/20

New DOL guidance on exposure to COVID-19 issues:  The U.S. Department of Labor published new COVID-19 guidance that says employers can enact policies keeping people who may have been exposed to the novel Coronavirus out of the workplace, but warned that workers can't be barred for taking virus-related leave. The DOL stressed that employers may not treat employees differently because of time off they took for a possible COVID-19 exposure, but they may enforce broadly applicable workplace policies. That means an employer that is concerned an employee is returning from leave too soon may use a policy that says anyone who has interacted with someone who contracted the Coronavirus may not return to work until they test negative, framing the policy in a way that applies irrespective of whether employees took leave, the DOL said.  The guidance also addressed bringing employees back from furlough. An employer may not choose to bring a particular employee back because they will immediately need to take FFCRA leave to care for their children, the DOL said. The FFCRA prohibits discriminating or retaliating against employees because of leave usage. Further, for employees needing doctor visits, through the end of 2020, the DOL will consider telemedicine appointments the same as in-person office visits.  Source:  Law360 7/22/20

If temporary employee travels who tells employee not to come to work? A  notice about travel should be sent to the staffing agency. This is a matter of public health, and employers should not have individuals onsite if the state has ordered that they be quarantined. Employers can screen where they are going, and they can be warned that you will ask the staffing company to end their assignments if they take a vacation that subjects them to mandatory quarantine.  Source:  Baker Hostetler LLP 7/13/20

Pandemic double edged sword for disabled:  For America’s almost 30 million working-age disabled citizens -- who deal with challenges including seeing and hearing, as well as getting around -- the large majority of job opportunities lie in food service, hospitality, and retail. But when virus lockdowns brought those sectors to a standstill, workers with disabilities quickly saw their jobs vanish.  During the peak of pandemic-induced job losses, 18.9% of disabled Americans were unemployed, compared with 14.3% of the non-disabled population, according to unadjusted April data from the Bureau of Labor Statistics. In June, as states started to reopen their economies, the jobless rate for disabled Americans fell to 16.5%, while the rate for everyone else dropped to 11% -- signaling a faster recovery for the general population than for those with disabilities.  On the positive note, remote working should gain in acceptance as a reasonable accommodation, which should make hiring of individuals with disability easier.   Source:  Bloomberg 7/18/20

Wage and hour claim contends fraudulent W-2 issued to employee:  A U.S. district court has dismissed an employee’s claim that her employer filed a fraudulent information return in violation of I.R.C. §7434. The employee claimed that the employer’s filing was fraudulent because the employer did not pay the employee overtime required by law and did not report overtime compensation on her Form W-2, Wage and Tax Statement. However, the employee did not claim that the amount that the employer reported to the IRS on Form W-2 was different from the amount that she was paid; instead, she argued that the employer reported an accurate amount that was less than what she believes she was owed. As such, the employee failed to allege sufficient facts to conclude that the employer willfully or fraudulently issued false returns.  Source: Elliott v. Barbeque Integrated, Inc., No. 19-62426-CIUV-SINGHAL (S.D. Fla., 5/29/2020); BakerHostetler 6/5/20

So, what do you listen to in the shower?  UK-based bathroom supplier ShowerstoYou compiled a list of 530 Spotify playlists containing the word shower and found the 2009 party anthem Miley Cyrus’s “Party in the U.S.A.” on a whopping 97% of them—more than any other song. Apparently, quite a few people like to blast dance hits while they lather, rinse, and repeat: “Blinding Lights” by The Weeknd came in second place, and Shakira’s “Hips Don’t Lie,” Doja Cat’s “Say So,” and Dua Lipa’s “Don’t Start Now” all made the top 20. Other bathers prefer to pine over lost love with a good power ballad. “Bleeding Love” by Leona Lewis was on 82% of playlists, Bruno Mars’s “Grenade” appeared on 72% of them, and 57% of playlist makers are trying their best to hit the high notes in Adele’s “Hello.”  Becky G’s 2014 pop hit “Shower” is probably the most appropriate song on the list, considering how many times (12, to be exact) the lyrics mention “singing in the shower.” And while the top 20 almost entirely consists of 21st-century chart-toppers, there are two noteworthy throwbacks: TLC’s 1999 classic “No Scrubs” and “Africa” by Toto.  Send your top ten lists to us at [email protected] and we will report on our members’ top 20 shower list.  Source:  MF 7/9/20