August 2016 - Employee Benefits I AP Benefit Advisors

Fair Pay and Safe Workplaces Executive Order

President Obama signed the Fair Pay and Safe Workplaces Executive Order on July 31, 2014, which requires prospective federal contractors to disclose labor law violations and give agencies guidance on how to consider labor violations when awarding federal contracts. As of August 25, 2016, the Department of Labor (DOL) and the Federal Acquisition Regulatory Council […]

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Q&A – Nondiscrimination Regulations and Group Health Plans

Final regulations implementing section 1557 of the Affordable Care Act (ACA) were published on May 18, 2016, by the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS). This prohibits discrimination based on race, color, natural origin, sex, age, or disability in health activities and programs that receive federal […]

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New Poster Requirements

The Employee Polygraph Protection Act (EPPA) and the Fair Labor Standards Act (FLSA) have both issued new posters that were revised as of July 16, 2016. These posters are required by law to be displayed where they can readily be seen by employees. The EPPA poster has been updated to reflect changes made by the […]

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Politics & Work

Free speech at work isn’t as free as you may think. Free speech is more for government employees…and even then, it’s not much. The Bill of Rights applies to government action, not corporation’s actions. These are some examples where you may have some legal protection: Concerted Activity: Employers can prohibit general political discussion and campaigning […]

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AP Benefit Advisors Webinar Series: HRCI & SHRM Pre-approved AP Benefit Advisors Webinar | 2017’s Top Ten Health & Welfare Compliance Challenges

Join AP Benefit Advisors’ General Counsel and VP of Compliance, Patrick C. Haynes, Jr., for a complimentary, 1-hour, HRCI* and SHRM** pre-approved webinar as he reviews the top challenges facing health and welfare compliance for the upcoming year. Discussion will include guidance on wellness programs, Marketplace Notices, as well as HSA and Form 5500 updates. […]

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ACA Employer Shared Responsibility Penalties

Under the Affordable Care Act (ACA), employers with 50 or more full-time equivalent employees (FTEs) who fail to comply with the ACA’s employer shared responsibility provision will be subject to one of two penalties: 1. (i) an employer fails to offer health care coverage to “substantially all” of its full-time employees; and (ii) a low-income, full-time […]

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Top Takeaways from Recent FMLA Mistakes

1. When calculating FMLA entitlement, include overtime and “working lunches” An employee’s actual work week, which includes overtime and working breaks, is the basis for determining FMLA leave entitlement. In a recent case, an employee put his name down for certain overtime shifts and the overtime then became mandatory which the employer should have calculated […]

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Increased OSHA Penalty Structure

In November 2015, federal agencies were required to adjust their civil penalties to account for inflation. The Department of Labor (DOL) is adjusting penalties for its agencies, including the Occupational Safety and Health Administration (OSHA). As of August 1, 2016, OSHA has raised its penalties for violations. This is the first time they’ve raised penalties […]

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