EverythingPeople This Week!

Remote I-9 completion continued to November 19:   U.S. Immigration and Customs Enforcement is again extending the flexibilities in rules concerning Employment Eligibility Verification (Form I-9) compliance that were granted earlier this year. Because of the continued COVID-19 precautions, the Department of Homeland Security is extending the policy for another 60 days with the accommodations now set to expire November 19, 2020.

U.S. DOL updates FFCRA regulations:  The U.S. Department of labor updated their FFCRA regulations to conform with the Southern District of New York’s August 3, 2020 decision invalidating certain parts of the regulations.  

Positive drug tests are the highest reported in long time:  According to a new Quest Diagnostics study, employers saw the highest rate of positive workforce drug test results since 2003. As expected, marijuana was the most detected drug, including in states where marijuana remains illegal. The study reported a surge in positive results in the Midwest for cocaine, methamphetamine, and marijuana. 

Make sure you track employee hours who work remotely:  On August 24, the DOL’s Wage and Hour Division issued a Field Assistance Bulletin (2020-5) in order "to clarify" employers’ obligation to track the number of hours of compensable work performed by employees who are teleworking or otherwise working away from premises controlled by their employers.

Form I-9 requirements flexibility extended for an additional 30 days: 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.

DOL Wage and Hour reviewing school closing with respect to the FFCRA:  Currently FAQ #70 covers school closings.  In FAQ 70, they answer the question, “My child’s school or place of care has moved to online instruction or to another model in which children are expected or required to complete assignments at home. 

Governor Whitmer prohibits firing of employees who may be sick or exposed to someone sick:  Under a new executive order issued by Gov. Gretchen Whitmer last Friday afternoon, employers are prohibited from firing or otherwise disciplining or retaliating against employees who stay home when they or close contacts are sick.  

Having employees sign waivers not a popular move:  Although employers have expressed a keen interest in using waivers to try to limit their liability in the event a worker, customer, or visitor contracts COVID-19 on-site, very few are pulling the trigger, according to a new survey from Blank Rome LLP.

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). 

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.

Healthcare costs are rising: Annual family premiums for employer-sponsored health insurance grew 5% to average $20,576 last year, according to new research from the Kaiser Family Foundation—the first-time costs topped $20,000. 

Payroll bill will make things easier for remote workforce:  The Senate has introduced the Remote and Mobile Worker Relief Act of 2020. The act would limit the authority of states or other taxing jurisdictions to tax wages and other remuneration from employment in other states or taxing jurisdictions. A similar bill was introduced in the U.S. House in 2020.  

Watch out for UIA scams:  As many Michiganders are facing challenges in applying for and obtaining unemployment benefits, some are turning to social media seeking help or answers to questions.  

Antibody tests cannot be required for return to work per EEOC:  The EEOC provided a new FAQ regarding antibody testing.  

I-9 COVID-19 flexibility requirements extended:  In May, 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 June 18.