Point of Information

Point of Information Archives - CLICK HERE

More House committees to investigate recess appointments — FEDERAL NEWS - Two more House committees have announced that they will investigate the recent recess appointments made by President Barack Obama.(2/6/2012)

Mercer issues 12 action items for employers with globally mobile employees — PRACTICE TIP - This year is likely to be a period of transition as the economic recovery slowly gains stronger footing.(2/6/2012)

Wage Hour Rules -- Wal-Mart assistant managers lose fight to certify wage-hour claims - In an unpublished memorandum, the Ninth Circuit ruled, post-Dukes, that a lower court did not err in denying class certification to a group of Wal-Mart assistant managers, holding that under FRCP 23(b)(2), it was not an abuse of discretion for the court to find that the monetary relief sought was “not incidental” to the injunctive relief sought (Sepulveda v Wal-Mart Stores, Inc, 9thCir, 161 LC ¶35,980).(2/6/2012)

Proposed rule would expand military family leave provisions, incorporate special eligibility provision for airline flight crew employees — FEDERAL NEWS - Secretary of Labor Hilda L. Solis announced on Monday, January 30, that the DOL will issue a notice of proposed rulemaking to implement new statutory amendments to the FMLA.(2/6/2012)

Executives say humor is key part of cultural fit — SURVEY RESULTS - Nearly eight in 10 (79 percent) chief financial officers (CFOs) interviewed for a survey said an employee's sense of humor is important for fitting into the company's corporate culture.(2/6/2012)

NLRB will publish final rule amending election process — AGENCY REGULATION - The NLRB announced on Wednesday, December 21, that it has adopted a final rule amending its election case procedures. Effective April 30, 2012, the final rule is intended to reduce unnecessary litigation and delays in the representation election process and will be published in the Federal Register on Thursday, December 22.(1/20/2012)

Tips for engaging employees in health and wellness programs - Dec. 26, 2011 - Issue: Your company has invested in several programs aimed at improving the health of the workforce. In spite of these investments, program participation has been low and employee engagement has been disappointing.(1/20/2012)

OSHA aims to protect workers during winter storms — AGENCY GUIDANCE - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has created a winter storms web page to help protect workers from hazards they may face during winter storm response and recovery operations.(1/20/2012)

Labor Department announces new adverse effect wage rates for H-2A temporary agriculture workers — AGENCY GUIDANCE - The U.S. Department of Labor has announced the minimum hourly wage rates that employers must pay H-2A workers in order to ensure that the wages of similarly employed U.S. workers are not adversely affected.(1/20/2012)

CRS analyzes effect of definition of income in new law on state exchange premium credits—FEDERAL NEWS - A new law signed by President Obama (P.L. 112-56) has changed the definition of modified adjusted gross income (MAGI) to include non-taxable Social Security income, for purposes of qualifying for both Medicaid and premium assistance for state exchanges that are being created as per the Patient Protection and Affordable Care Act (ACA).(1/20/2012)

Proposed hiring goal for individuals with disabilities is “aspirational EEO objective” rather than quota or ceiling — CONFERENCE COVERAGE - The OFCCP’s proposed 7-percent hiring goal for individuals with disabilities “is not a hiring quota, and it is not a restricted hiring ceiling,” said Policy Branch Chief Naomi Levin.(1/20/2012)

House subcommittee votes to advance bill amending Dodd-Frank whistleblower protections — PENDING LEGISLATION - The House Subcommittee on Capital Markets and Government Sponsored Enterprises voted 19-14 to advance legislation that would amend the whistleblower incentive provisions created by the Dodd-Frank Wall Street Reform and Consumer Protection Act. The bill was approved on a largely party-line vote.(1/12/2012)

IRS finalizes regulations for annual employment tax returns — AGENCY REGULATION - The IRS has issued final regulations on the Form 944 Program, which enables qualified employers to file employment tax returns annually rather than quarterly. The final regulations generally track temporary regulations issued in 2006 and revised in 2008.(1/12/2012)

Legislation -- U.S. House rejects 2 month payroll holiday, requests conference - The U.S. House of Representatives has rejected a 2-month extension of the payroll tax that the Senate had passed.(1/12/2012)

DOL and NLRB funded through 2012, but with strings attached — FEDERAL NEWS - In the recently passed 2012 fiscal year appropriations bill, the DOL will receive $14.5 billion, while the NLRB will get $278 million. However, both appropriations come with various restrictions on how the nation’s main labor agencies can spend their money.(1/12/2012)

Most employees satisfied with their jobs but fewer happy with career development and advancement, SHRM survey finds — SURVEY RESULTS - More than three-quarters of U.S. employees are satisfied overall with their jobs, but fewer than one-half of them are happy with opportunities for career development and advancement, according to the 2011 Job Satisfaction and Engagement Research Report released by the Society for Human Resource Management (SHRM).(1/12/2012)

CPI unchanged in November, but energy prices continue to decline — CONSUMER PRICE INDEX - The Consumer Price Index for All Urban Consumers (CPI-U) was unchanged in November on a seasonally adjusted basis, the U.S. Bureau of Labor Statistics reported. Over the last 12 months, the all items index increased 3.4 percent before seasonal adjustment.(1/9/2012)

Must FSAs offer COBRA to terminated employees? - Dec. 19, 2011 - Issue: Your company will be issuing layoff notices soon. Many employees who will be affected have health flexible savings accounts (FSAs). What are the rules regarding FSAs and COBRA when employment is terminated?(1/9/2012)

Legislation -- Senate approves two-month extension of payroll tax cut - The Senate, in a rare weekend session on December 17, passed an amended version of the Middle Class Tax Relief and Job Creation Bill (HR 3630), which extends for two months the payroll tax cut, unemployment benefits and Medicare payments to doctors.(1/9/2012)

Finance, HR executives see roles changing in wake of health reform, Towers Watson survey finds — SURVEY RESULTS - A tighter partnership between corporate finance and human resource executives may be on the horizon as U.S. companies begin to address the implications of health care reform for their reward programs and talent management strategy, according to a new survey by Towers Watson and Forbes Insights.(1/9/2012)

Consumer Price Index -- Consumer prices dip again in November - Consumer prices as measured by the Urban Wage Earners and Clerical Workers index (CPI-W) fell 0.1 percent over the month, as seasonally adjusted, the Bureau of Labor Statistics reported on Friday, December 16.(1/5/2012)

White House announces new rules providing minimum wage and overtime protections for in-home care workers — AGENCY REGULATION - Saying that “we can’t wait for Congress to act,” the White House has announced a proposed rule that will give minimum wage and overtime protections to almost 2 million workers who provide in-home care services for the elderly and infirmed.(1/5/2012)

EEOC creates new task force to step up assistance to small businesses — FEDERAL NEWS - The U.S. Equal Employment Opportunity Commission (EEOC) has launched an internal task force that will focus on expanding and improving outreach and technical assistance to small businesses.(1/5/2012)

House panel approves legislation changing Dodd-Frank whistleblower provisions to require initial internal reporting to company — PENDING LEGISLATION - Under an amendment to whistleblower provisions in the Dodd-Frank Act approved by the House Capital Markets Subcommittee, whistleblowers would have to first report the information to the company before reporting it to the SEC or CFTC; internal company reporting standards and mechanisms would be preserved.(1/5/2012)

Labor Department seeks to improve job opportunities for Americans with disabilities by setting historic hiring goal for federal contractors, subcontractors — AGENCY REGULATION - The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements.(12/21/2011)

MSHA imposes largest fine in agency history over explosion at Upper Big Branch mine — FEDERAL NEWS - The DOL’s Mine Safety and Health Administration has imposed the largest fine in the agency’s history, $10,825,368, following its investigation into the April 2010 explosion at the Upper Big Branch-South Mine, which was operated by Performance Coal Co., a subsidiary of Massey Energy Co.(12/21/2011)

MBGH report recommends strategies for employers to maximize health benefits, health and wellness programs — PRACTICE TIP - To assist employers in their efforts to improve the health of employees and families, the Midwest Business Group on Health (MBGH) released a series of recommendations to better structure the design, communication and delivery of benefits, wellness incentives, and health management activities.(12/21/2011)

Agriculture Department issues final rule requiring contractors to attest to labor law compliance — AGENCY REGULATION - The Department of Agriculture’s Office of Procurement and Property Management issued a direct final rule requiring its contractors to attest that to the best of their knowledge, both they and their subcontractors are in compliance with all applicable labor laws.(12/21/2011)

Survey: State laws do little to stop texting while driving — STATE LAW - Nearly two-thirds of the states ban texting while driving, but that hasn't stopped drivers — especially young drivers — from doing it, The Associated Press reports, citing a new survey by the National Highway Traffic Safety Administration.(12/19/2011)

HHS issues final regs, fact sheet on new CO-OPs — AGENCY REGULATION - The Department of Health & Human Services (HHS) has issued final regulations setting forth eligibility and governance requirements for the new Consumer Operated and Oriented Plans (CO-OPs), as established by the Patient Protection and Affordable Care Act (ACA).(12/19/2011)

Legislation -- Senate rejects second payroll tax cut bill; House republicans prepare counteroffer - The Senate on December 8 spurned a second attempt to pass a payroll tax cut extension bill (Sen 1944), falling short of the 60 votes required to take up a pared-down version of a previously rejected measure (Sen 1917), as only one Republican joined Democrats in voting for the legislation which fell by a 50-48 margin.(12/19/2011)

Did “preemptive” firing of employee who testified in sexual harassment proceedings at former company violate Title VII? - Dec. 12, 2011 - Issue: Your organization recently hired Nikki to fill an open clerical job. She was discharged, however, prior to her first day of work because a prospective hire for a managerial position refused to join your company if Nikki worked there.(12/19/2011)

Legislation -- GOP payroll tax plan unveiled; House vote set - House GOP lawmakers unveiled legislation on December 9 to extend the current payroll tax holiday and unemployment insurance benefits. Introduced by House Ways and Means Chairman Dave Camp, R-Mich., the Middle Class Tax Relief & Job Creation Act (HR 3630) will likely come to a House vote on December 13.(12/15/2011)

House passes legislation severely restricting President’s powers to engage in regulatory rulemaking — PENDING LEGISLATION - On Wednesday, December 7, the U.S. House of Representatives passed legislation targeting regulations that the House declares have significant adverse economic impact on businesses.(12/15/2011)

IRS announces 2012 standard mileage rates — FEDERAL NEWS - The IRS issued the 2012 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.(12/15/2011)

Newly introduced bill would require unemployment compensation applicants to undergo drug tests — PROPOSED LEGISLATION - The Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act (H.R. 3061), recently introduced in the U.S. House of Representatives, would require applicants for unemployment compensation to undergo drug testing as a condition for receiving the benefits.(12/15/2011)

IRS releases 2012 percentage method withholding tables — FEDERAL NEWS - The IRS has released the federal percentage method withholding tables, which are effective for wages paid on and after January 1, 2012. The value of one withholding allowance on an annual basis will increase to $3,800.(12/13/2011)

Additional guidance issued for medical loss ratio requirements — AGENCY REGULATION - On December 7, the Centers for Medicare and Medicaid Services (CMS) will publish in the Federal Register a final rule regarding the implementation of medical loss ratio (MLR) rules for health plans under the Patient Protection and Affordable Care Act (ACA), and CMS also will publish an interim final rule regarding the distribution of rebates by issuers in group markets for non-federal governmental plans under the MLR rules.(12/13/2011)

OMB signs off on OFCCP’s “game changer” proposal to amend regulations implementing Sec. 503 of Rehab Act — AGENCY REGULATION - The Office of Management and Budget (OMB) has approved a Notice of Proposed Rulemaking (NPRM) to revise the Office of Federal Contract Compliance Programs’ (OFCCP) regulations at 41 CFR Part 60-741 that implement the nondiscrimination and affirmative action provisions of Section 503 of the Rehabilitation Act of 1973, as amended.(12/13/2011)

Massachusetts interest rates remain unchanged for first quarter of 2012 — INTEREST RATES — Massachusetts - For the first quarter of 2012, the interest rate on underpayments of Massachusetts taxes administered by the Department of Revenue remains at 4% compounded daily, while the interest rate paid by the department on tax overpayments remains at 2%.(12/13/2011)

House passes bill reforming federal workers’ compensation — PENDING LEGISLATION - On Tuesday, November 29, the U.S. House of Representatives overwhelmingly voted to pass the Federal Workers’ Compensation Modernization and Improvement Act (H.R. 2465), a bill intended to reform and modernize the workers' compensation program for federal employees.(12/9/2011)

House passes Workforce Democracy and Fairness Act — PENDING LEGISLATION - As anticipated, the House on Wednesday, November 30, passed the Workforce Democracy and Fairness Act (H.R. 3094) in a 235-188 vote, largely along party lines.(12/9/2011)

Vienna tops worldwide quality-of-living ranking, Mercer study finds — SURVEY RESULTS - Vienna has the best living standard in the world, according to the Mercer 2011 Quality of Living Survey. Zurich and Auckland follow in second and third place, respectively, and Munich is in fourth with Dusseldorf and Vancouver sharing fifth place.(12/9/2011)

Retirement plan participation lowest in South, West, EBRI says — SURVEY RESULTS - Wage and salary workers in the South and West have the lowest participation levels in employment-based retirement plans, while workers in the upper Midwest, Mid-Atlantic, and Northeast had the highest levels, according to a new analysis from the nonpartisan Employee Benefit Research Institute (EBRI).(12/9/2011)

New Hampshire House sustains governor’s veto of right-to-work measure — STATE LAW - The New Hampshire House of Representatives sustained a May veto by Governor John Lynch of House Bill 474, a right-to-work bill that would have allowed employees to opt out of paying union dues.(12/9/2011)

Labor Department delays H-2B wage rule after law defunds implementation of rule until January 2012 — AGENCY REGULATION - In a final rule published in the November 29 edition of the Federal Register, the DOL has again delayed the effective date of a new H-2B wage calculation regulation, moving the effective date from November 30 to January 1, 2012.(12/7/2011)

Termination over Facebook posts that did not involve protected, concerted action lawful under NLRA — AGENCY GUIDANCE - In an advice memo recently released by the NLRB, the Board’s Division of Advice has recommended dismissing a charge that a termination over a Facebook post violated the NLRA because no protected, concerted action was involved.(12/7/2011)

USCCR to explore civil rights impact of state immigration laws — FEDERAL NEWS - The United States Commission on Civil Rights has announced that it will look into the civil rights impact of state-enacted immigration enforcement laws, with a special focus on Alabama, Georgia and South Carolina.(12/7/2011)

Health leaders support health reform implementation — FEDERAL NEWS - Nine of 10 leaders in health care and health care policy believe it is important for federal and state policymakers to continue to implement the Patient Protection and Affordable Care Act (PPACA), according to a Commonwealth Fund/Modern Healthcare Health Care Opinion Leaders Survey.(12/7/2011)

Massachusetts governor signs into law bill barring discrimination against transgendered individuals — STATE LAW - Last week, Massachusetts Governor Deval Patrick signed into law a bill barring discrimination against individuals on the basis of their identity as a transgendered individual.(12/7/2011)

Your abusive boss may not be good for your marriage — SURVEY RESULTS - Having an abusive boss not only causes problems at work but can lead to strained relationships at home, according to a Baylor University study published online in the journal, Personnel Psychology.(12/7/2011)

Decade after USA PATRIOT Act, fight against corruption continues, as organizations report concern over increase in compliance costs, poll finds — SURVEY RESULTS - Ten years after the USA PATRIOT Act (Patriot Act) became law, one-quarter (25.9 percent) of business professionals polled during a recent Deloitte webcast think regulators in the United States will focus most heavily on money laundering, terrorist financing and other Patriot Act-related areas over the next five years.(12/6/2011)

OSHA issues revised whistleblower investigations manual — AGENCY GUIDANCE - OSHA has issued Directive CPL 02-03-003, OSHA Whistleblower Investigations Manual, to be used as a reference by OSHA personnel. The manual outlines procedures, and other information, related to the handling of retaliation complaints under the various whistleblower statutes delegated to OSHA. (12/6/2011)

New FAQs discuss mental health parity, implementation of Summary of Benefits and Coverage — AGENCY GUIDANCE - Final regulations regarding the Summary of Benefits and Coverage (SBC), required to be implemented next year under the Patient Protection and Affordable Care Act (ACA) likely will "include an applicability date that gives group health plans and health insurance issuers sufficient time to comply."(12/5/2011)

Early retiree reimbursements skyrocket in autumn — FEDERAL NEWS - The Early Retiree Reinsurance Program made about $1.148 billion in reimbursements in October and November, according to the Center for Consumer Information and Insurance Oversight (CCIIO).(12/5/2011)

House debates Republican measure to rein in NLRB “activism,” amend representation election rules — PENDING LEGISLATION - The House of Representatives held a procedural debate on Friday, November 18, on the Workforce Democracy and Fairness Act (H.R. 3094), legislation that “will defend employers’ free speech and workers’ free choice,” according to bill sponsors, and blunt the impact of recent decisions and rulemaking by the NLRB.(12/5/2011)

President signs bill into law providing employers with tax incentives to hire unemployed veterans — NEW LAW - On Saturday, November 19, President Barack Obama signed into law a Senate amended version of a House bill (HR 674) that contains provisions for incentivizing the hiring of unemployed veterans.(12/5/2011)

Arrest records should be treated differently from conviction records, according to EEOC letter — AGENCY GUIDANCE - Arrest records, because they are unreliable indicators of guilt, should be treated differently from conviction records when used to screen job applicants, according an Equal Employment Opportunity Commission (EEOC) informal discussion letter released on October 12.(11/29/2011)

Letter carriers hire advisors in battle over postal service cuts — FEDERAL NEWS - As the United States Postal Service continues to plan for severe cuts in service, one of the unions representing its workers has decided to fight back.(11/29/2011)

Unified talent management system needed as HR focuses on retention, workforce planning in coming years, study shows — SURVEY RESULTS - In today’s economy, people are a company’s most important and powerful asset. While products and processes are critical, it’s people who drive innovation, boost organizational growth and lead to future success.(11/29/2011)

Question on average premium figures added to FAQs on small business health care credit — AGENCY GUIDANCE - The IRS has updated its frequently asked questions on the small business health care credit to include a question on average premiums.(11/29/2011)

Research shows low-dollar rewards will go a long way in motivating and fostering loyal employees this holiday season — SURVEY RESULTS - Countless employers have eliminated big bonuses and extravagant end-of-year celebrations. Yet many still seek simple ways to reward their staff and keep employees motivated to ensure their companies remain competitive in the recovering economy.(11/29/2011)

Deloitte says American manufacturing companies cannot fill as many as 600,000 skilled positions — SURVEY RESULTS - American manufacturing companies cannot fill as many as 600,000 skilled positions — even as unemployment numbers hover at historic levels — according to a new survey from Deloitte and The Manufacturing Institute.(11/21/2011)

Issue: Your company is planning to open a new facility and is considering including a cafeteria to provide "free" meals to employees. Can the value of these meals be excluded from employees’ gross income?(11/21/2011)

Liberty University petitions Supreme Court to hear health reform challenge — US SUPREME COURT DOCKET - Liberty University has asked the U.S. Supreme Court to review its challenge to the health care reform law. On September 8, 2011, the Fourth Circuit Court of Appeals dismissed Liberty University and its co-appellants’ challenges to the Patient Protection and Affordable Care Act (PPACA).(11/21/2011)

House hearing on Workforce Fairness Act suggests law could reveal concerns over Board action, possible delay to election process — FEDERAL NEWS - At a hearing into the Workforce Democracy and Fairness Act (HR 3094), the House Committee on Education and the Workforce engaged in a spirited debate over the bill, which would undo or block recent decisions and proposed rulemaking by the NLRB.(11/21/2011)

Employers can benefit from providing paid sick days, IWPR says — PRACTICE TIP - Two publications released recently by the Institute for Women’s Policy Research (IWPR) estimate the costs and benefits of the Denver paid sick days initiative, for both employers and employees.(11/21/2011)

Unemployment Insurance (ME) — Law amended - Maine has amended its Employment Security Law as follows: Exempt employment. The law now provides that the term "employment" does not include services performed under a booth rental agreement or other rental agreement by a tattoo artist if the services performed by the tattoo artist are not subject to federal unemployment tax.(11/15/2011)

IRS Issuances -- IRS creates employee classification program - The Internal Revenue Service has launched a new program that will enable many employers to resolve past worker classification issues and achieve certainty under the tax law at a low cost by voluntarily reclassifying their workers.(11/15/2011)

IRS Issuances -- IRS issues guidance to further implement return preparer oversight - The Internal Revenue Service has provided additional clarification for tax return preparers about when to renew their preparer tax identification numbers (PTINs), how suitability testing will be conducted, and when the continuing education requirement will begin.(11/15/2011)

CareerBuilder study looks at how workers’ birth order, number of siblings, and astrological signs impact their position in the workplace — SURVEY RESULTS - Do September babies have a greater chance of becoming a stockbroker or a firefighter? And does being an only child give you a better shot at a corner office? A new study from CareerBuilder looks at how workers compare in terms of chosen profession, title and salary based on birth order, astrological sign and sibling status.(11/15/2011)

Since enactment of Dodd-Frank whistleblower provisions, companies have increased communication about internal reporting mechanisms, training of managers, but changes aren’t as great as you might expect — SURVEY RESULTS - Predictions that the whistleblower provisions contained in the Dodd-Frank Act would undermine existing compliance programs, appear to have gone unrealized according to a survey conducted by the Society of Corporate Compliance and Ethics (SCCE) and its affiliated Health Care Compliance Association (HCCA).(11/10/2011)

CMS issues changes to claims submissions for Early Retiree Reinsurance Program — FEDERAL NEWS - The Centers for Medicare and Medicaid Services (CMS) has announced several changes to improve and streamline the process of submitting claims data for Early Retirement Reinsurance Program (ERRP) reimbursement requests for the Early Retiree Reinsurance Program.(11/8/2011)

IRS issues guidance on tax treatment of cell phones; provides small business recordkeeping relief — AGENCY GUIDANCE - The Internal Revenue Service has issued guidance designed to clarify the tax treatment of employer-provided cell phones.(11/8/2011)

IRS seeks comments on proposed PPACA affordability determination — COMMENT OPPORTUNITY - Internal Revenue Service Notice 2011-73, issued on September 13, requests public comment on a proposed affordability safe harbor for employers under the shared responsibility provisions included in the Patient Protection and Affordable Care Act (PPACA).(11/8/2011)

Unemployment Insurance (VT) — UI modernization funds - The U.S. Department of Labor has released $9,278,599 in UI modernization incentive funds to the State of Vermont. Vermont qualified for its remaining share of funds available under the American Recovery and Reinvestment Act by including in its law provisions that assist part-time workers and people who are upgrading their skills.(11/8/2011)

IRS Issuances--Ruling allowing employer-provided clothing as tax-free de minimis fringe revoked - The IRS has revoked a prior ruling that had allowed certain clothing and accessories provided by an employer to his employees to be excluded from gross income as de minimis fringe benefits. (11/7/2011)

Survey reveals more than one-third of executives sometimes refuse coaching assistance — SURVEY RESULTS - As many as one-in-three individuals sometimes refuse the executive coaching their employer offers, according to a survey of senior managers and executives at 230 organizations conducted by AMA Enterprise.(11/7/2011)

Must federal contractors post two NLRA rights posters? - Sept. 19, 2011 - Issue: Your organization is a federal contractor with contracts worth more than $100,000. As such, it already posts the Labor Department’s "Notice of Employee Rights under the National Labor Relations Act."(11/7/2011)

EEOC letter contends that ADAAA makes it easier to show “shy bladder” is a disability — AGENCY GUIDANCE - As a result of the ADA Amendments Act of 2008 (ADAAA), it is much easier for an individual with paruresis, or “shy bladder syndrome,” to show that he or she meets the definition of “disability,” according to a recently released EEOC informal discussion letter.(10/25/2011)

DOL postpones effective date of wage methodology for non-agricultural H-2B workers — AGENCY GUIDANCE - In two notices published in the Federal Register, the DOL both postponed the effective date of its Wage Methodology for the Temporary Non-agricultural Employment H-2B Program and articulated employer responsibilities until the new effective date.(10/25/2011)

New Supreme Court term brings scrutiny to a number of employment, labor issues — US SUPREME COURT DOCKET - When the U.S. Supreme Court began its new term on Monday, October 3rd, several employment and labor law cases were waiting on the Court’s docket.(10/24/2011)

Study finds higher CSR standards mean lower cost of equity capital for firms — SURVEY RESULTS - Firms that score strongly in terms of corporate social responsibility (CSR) find that their cost of equity capital financing is consistently lower than firms with weaker CSR track records(10/24/2011)

HHS issues guidance on appeals process for Early Retiree Reinsurance Program — AGENCY GUIDANCE - The Department of Health and Human Services (HHS) has issued guidance regarding how plan sponsors participating in the Early Retiree Reinsurance Program (ERRP) would submit a request for appeal of an adverse reimbursement determination, and how the appeals process works.(10/24/2011)

Comment period on health reform Exchanges proposed rules extended to October 31—AGENCY GUIDANCE - The Department of Health and Human Services (HHS) has extended to Oct. 31, 2011, the comment period for two proposed rules published in the July 15 Federal Register. The comment period for both proposed rules otherwise would have ended on Sept. 28, 2011.(10/24/2011)

OPM issues final regs on FMLA for federal employees — AGENCY REGULATION - The U.S. Office of Personnel Management has issued final regulations amending FMLA regulations to provide eligible federal employees up to 12 administrative workweeks of unpaid leave under the FMLA for qualifying exigency purposes.(10/20/2011)

Unemployment Insurance (CT) — Connecticut: Law amended - Connecticut has amended its Unemployment Compensation Law as follows: Extended benefits. With respect to benefits for weeks of unemployment (1) beginning after December 17, 2010, and ending on or before December 31, 2011(10/20/2011)

IRS Issuances--IRS provides special per diem rates for 2011-2012 - The IRS has provided the special per diem rates for taxpayers to use to substantiate ordinary and necessary business expenses incurred while traveling away from home.(10/20/2011)

IRS unveils program to assist employers in resolving prior worker misclassification issues — AGENCY GUIDANCE - The Internal Revenue Service has launched a new, voluntary program for employers that have erroneously classified workers as independent contractors in the past but agree to reclassify them as employees. (10/20/2011)

CMS issues another FAQ on COOP program—AGENCY GUIDANCE - On October 6, 2011, the Center for Consumer Information & Insurance Oversight (CMS) published a list of frequently asked questions (FAQ) and answers with regard to the Consumer Operated and Oriented Plan (COOP) program, in addition to a previously-published September 7, 2011 FAQ on COOP.(10/18/2011)

Study shows inspections improve safety and save money — WASHINGTON — Workplace safety - A recent study of a decade’s worth of inspection data suggests that a visit from the Washington State Department of Labor & Industries (L&I) can be good not just for a company’s workplace safety, but also its bottom line.(10/18/2011)

Was denial of tenure after participation in flexible work arrangement discriminatory? - Oct. 10, 2011 - Issue: Emily, an assistant professor of mathematics for the past seven years, filed a charge alleging that she was denied tenure based on her sex. She applied for tenure after returning from six months of leave to care for her father.(10/18/2011)

September unemployment rate held at 9.1 percent, BLS reports — SURVEY RESULTS - Nonfarm payroll employment edged up by 103,000 in September, and the unemployment rate held at 9.1 percent, the U.S. Bureau of Labor Statistics reported on October 7.(10/18/2011)

Study explores disconnect between 3 million available jobs and high unemployment — SURVEY RESULTS - U.S. unemployment hovers at nine percent and while 14 million Americans remain unemployed, the U.S. Department of Labor reported there are currently three million available jobs. (10/14/2011)

Online labor demand down 43,500 in September, The Conference Board reports — SURVEY RESULTS - Online advertised vacancies were down 43,500 in September to 3,947,100, according to The Conference Board Help Wanted OnLine® (HWOL) Data Series released September 28. The September drop follows a decline of 164,000 in August and a decrease of 217,000 in July.(10/14/2011)

Path clears for PPACA to go to Supreme Court — US SUPREME COURT DOCKET - In a sign of growing confidence, the Obama Administration will not appeal an August 12 ruling of the 11th Circuit that had struck down the individual mandate provisions of the Patient Protection and Affordable Care Act (PPACA) (P.L. 111-148).(10/14/2011)

Executives say poor skills fit most common reason new hires don't work out — SURVEY RESULTS - For employers, determining a job applicant's skills fit is a skill in itself — and one that, research suggests, isn't so easy to master. In a Robert Half Finance & Accounting survey, more than one-third (36 percent) of chief financial officers (CFOs) interviewed said the top factor leading to a failed hire, aside from performance issues, is a poor skills match. (10/12/2011)

Justice Department, NFIB, 26 states ask Supreme Court to review health reform law — FEDERAL NEWS - Both sides involved in an Eleventh Circuit Court of Appeals ruling on the Patient Protection and Affordable Care Act (PPACA) have appealed their cases to the Supreme Court.(10/12/2011)

Study reveals nearly one half of all workers claim they are less productive without coffee — SURVEY RESULTS - National Coffee Day was yesterday, September 29, and according to a new survey commissioned jointly by Dunkin’ Donuts and CareerBuilder®, scientists/lab technicians are the professions that need coffee the most, followed by marketing/public relations and education administrators.(10/12/2011)

Connecticut governor signs executive orders affecting employment rights of personal care attendants and family child care providers — CONNECTICUT — Labor relations - Connecticut Governor Dannel P. Malloy has signed two executive orders that his office says will strengthen the employment rights of personal care attendants and family child care providers.(10/11/2011)

Mercer survey finds health benefit cost growth for 2012 likely to be the lowest in 15 years — SURVEY RESULTS - Early responses from a Mercer survey still in the field suggest that the average growth in health benefit cost will slow to 5.4 percent in 2012, the smallest increase since 1997. Still, cost growth remains well above both general inflation and growth in workers’ earnings.(10/11/2011)

Deloitte survey reveals employers want CIOs to be strategists or revolutionaries — SURVEY RESULTS - Driven by rapid advancements and integrations of new technologies and evolving business needs, the role of the chief information officer (CIO) is shifting from steward to strategist or revolutionary, according to a new Deloitte survey of information technology (IT) executives in the United States.(10/11/2011)

Health benefits for domestic partners subject to federal tax, despite same-sex marriage laws - Sept. 26, 2011 - Issue: An employee who recently married her same-sex partner in New York has called to ask you whether her health flexible spending account (FSA) can be used to pay benefits for her wife. Can tax-favored benefits be provided to same-sex domestic partners from FSAs, health reimbursement arrangements (HRAs) or health savings accounts (HSAs)?(10/11/2011)

Consumer prices increase 0.4% in August as gas, food, shelter, and apparel indexes all rise — CONSUMER PRICE INDEX - The Consumer Price Index for All Urban Consumers (CPI-U) increased 0.4 percent in August on a seasonally adjusted basis, the U.S. Bureau of Labor Statistics reported September 15. Over the last 12 months, the all items index increased 3.8 percent before seasonal adjustment.(10/5/2011)

Real earnings fell more than half a percent from July to August — SURVEY RESULTS - Real average hourly earnings for all employees fell 0.6 percent from July to August, seasonally adjusted, the U.S. Bureau of Labor Statistics reported September 15. This decrease stems from a 0.1 percent decrease in average hourly earnings and a 0.4 percent increase in the Consumer Price Index for All Urban Consumers (CPI-U).(10/5/2011)

Talent management top reason employers pursue global leveling, survey shows — SURVEY RESULTS - As organizations strive to maintain a competitive advantage in a changing global environment, many are turning their attention to some foundational tools. Global leveling — the process of systematically establishing the relative value of different jobs within an organization — provides a framework to effectively implement talent and compensation management across borders.(10/5/2011)

Number of underinsured adults increased 80 percent between 2003 and 2010, study finds — SURVEY RESULTS - The number of underinsured adults—those with health insurance all year, but also with very high medical expenses relative to their incomes—rose by 80 percent between 2003-2010, from 16 million to 29 million, according to a new Commonwealth Fund study published in the September issue of Health Affairs. Nearly half (44%) of U.S. adults — 81 million people — were either underinsured or uninsured in 2010, up from 75 million in 2007 and 61 million in 2003.(9/28/2011)

IRS Issuance -- IRS issues electronic specifications for Forms 1099 - The IRS has released specifications for filing Forms 1098, 1099, 5498, and W-2G electronically through the IRS FIRE System. These specifications, which will be reprinted as the next revision of IRS Publication 1220, must be used for the preparation of 2010 tax year information returns and information returns for tax years prior to 2011 that will be filed beginning January 1, 2012.(9/28/2011)

Legislation -- President proposes jobs bill; payroll tax relief - The President sent the American Jobs Act (AJA) of 2011 to Congress on September 12, 2011. Among other things, the proposal has a couple payroll-related items.(9/28/2011)

WorldatWork study finds gap between what managers believe and how they behave when it comes to employees balancing work and family — SURVEY RESULTS - A global survey reveals a growing imbalance between what employers say about work-life balance and what they actually do. Every October since 2003, WorldatWork’s Alliance for Work-Life Progress (AWLP) has led a national awareness campaign that promotes work-life effectiveness as a key contributor to productivity and success in the modern workplace.(9/28/2011)

IRS requests comments on proposed affordability safe harbor under Affordable Care Act — COMMENT OPPORTUNITY - The IRS has requested comments on a proposed affordability safe harbor for employers under the shared responsibility provisions included in the Patient Protection and Affordable Care Act that will apply to certain employers starting in 2014.(9/26/2011)

IRS Issuances -- IRS requests comments on EFTPS forms - The IRS is soliciting comments concerning Forms 9779, 9779(SP), 9783, 9783(SP), 9787, 9787(SP), 9789 and 9789(SP), Electronic Federal Tax Payment System (EFTPS). (9/26/2011)

Manpower Employment Outlook Survey reveals U.S. employers' hiring plans remain guarded through year-end — SURVEY RESULTS - Amid ongoing market uncertainty, U.S. employers expect hiring to remain relatively stable in the fourth quarter, according to the latest Manpower Employment Outlook Survey released by ManpowerGroup. According to the seasonally adjusted survey results, the Net Employment Outlook for Quarter 4 2011 is +7%, up from +6% during the same period last year and down from the +8% Outlook during Quarter 3 2011 (9/26/2011)

Unemployment Insurance (NH) — Surcharge should remain at 1% - New Hampshire’s Department of Employment Security has announced that it anticipates the full 1.0% surcharge will continue to be added to all employers’ tax rates for the first two quarters of 2012.(9/21/2011)

IRS Issuances -- IRS provides tax relief to victims of storm/hurricane in CT, MA, and VT - The IRS has announced that certain taxpayers in Connecticut and Massachusetts will receive tax relief as a result of the effects of Tropical Storm Irene. Certain taxpayers in Vermont will also receive tax relieve as a result of the effects of Hurricane Irene.(9/21/2011)

IRS Issuances -- IRS issues 2011-2012 priority guidance plan - The IRS has issued the priority guidance plan for 2011-2012. The payroll related items relating to executive compensation, health care, and benefits are below.(9/21/2011)

IRS Issuances -- IRS offers three tips for employers outsourcing their payroll - Outsourcing payroll duties to third-party service providers can streamline business operations, but the IRS reminds employers that they are ultimately responsible for paying federal tax liabilities.(9/21/2011)

Survey reveals Americans hungry for a strong manufacturing sector, but nervous about its future — SURVEY RESULTS - Americans maintain remarkably consistent views on the importance of manufacturing despite year after year of economic turbulence, according to a new survey from Deloitte and The Manufacturing Institute, with 86 percent of respondents believing that America’s manufacturing base is "important" or "very important" to their standard of living.(9/20/2011)

Fourth Circuit dismisses health reform challenges for lack of standing — FEDERAL NEWS - In two cases decided on September 8, the Fourth Circuit Court of Appeals has dismissed challenges to the Patient Protection and Affordable Care Act (PPACA). (9/20/2011)

IRS offers three tips for employers outsourcing their payroll — AGENCY GUIDANCE - Outsourcing payroll duties to third-party service providers can streamline business operations, but the IRS reminds employers that they are ultimately responsible for paying federal tax liabilities.(9/19/2011)

OSHA issues compliance directive to address workplace violence — FEDERAL NEWS - The Occupational Safety and Health Administration issued a directive on "Enforcement Procedures for Investigating or Inspecting Incidents of Workplace Violence" that establishes uniform procedures for field staff responding to incidents.(9/19/2011)

EEOC letter offers short course on permissible use of criminal histories in hiring — AGENCY GUIDANCE - The U.S. Equal Employment Opportunity Commission treated the U.S. Census Bureau to a short course on lawful inquiries into employment applicants’ criminal histories in a recently released informal discussion letter.(9/16/2011)

SIFL rates issued for the second half of 2011 — AGENCY GUIDANCE - The Department of Transportation has released the applicable terminal charge and standard industry fare level (SIFL) mileage rates for July 1, 2011, through December 31, 2011.(9/16/2011)

Must 401(k) loans be repaid upon separation from employment? - Sept. 5, 2011 - Issue: Many of your employees have taken out loans from their 401(k) plan accounts in the last few years. You have a rather large downsizing of employment coming up.(9/16/2011)

Per Diem Rates--GSA issues fiscal year 2012 CONUS per diem rates - The General Services Administration has released the fiscal year 2012 Continental U. S. (CONUS) per diem rates. The rates are effective October 1, 2011.(9/16/2011)

Poll finds most Americans critical of unions while crediting them for improving wages and working conditions — SURVEY RESULTS - Labor unions are something that divide people. On one hand, a majority of Americans give labor unions credit for improving wages and working conditions for workers (65 percent).(9/16/2011)

Online labor demand down 163,900 in August, The Conference Board reports — SURVEY RESULTS - Online advertised vacancies were down 163,900 in August to 3,990,600, according to The Conference Board Help Wanted OnLine® (HWOL) Data Series released August 31.(9/16/2011)

State-federal review of health insurance rate increases begins, double-digit price hikes must be justified—FEDERAL NEWS - On September 1, 2011, health insurers seeking to increase their rates by 10 percent or more must submit their request to state or federal reviewers to determine whether they are reasonable or not.(9/16/2011)

Filing, payment deadlines extended for Hurricane Irene victims in Puerto Rico – WITHHOLDING AND REPORTING – Puerto Rico - The IRS has extended return-filing and payment deadlines for victims of Hurricane Irene that began on August 21, 2011, in parts of Puerto Rico and resulting in the municipalities of Caguas, Canovanas, Carolina, Cayey, Loiza, Luquillo, and San Juan being declared a federal disaster area.(9/7/2011)

Per Diem Rates--GSA issues fiscal year 2012 CONUS per diem rates - The General Services Administration has released the fiscal year 2012 Continental U. S. (CONUS) per diem rates. The rates are effective October 1, 2011. (9/7/2011)

State-federal review of health insurance rate increases begins, double-digit price hikes must be justified—FEDERAL NEWS - On September 1, 2011, health insurers seeking to increase their rates by 10 percent or more must submit their request to state or federal reviewers to determine whether they are reasonable or not. This rate review program, created by the Affordable Care Act, will bring greater transparency, accountability, and, in many cases, lower costs for families and small business owners who struggle to afford coverage.(9/7/2011)

Workers' comp systems getting stricter — MULTISTATE — Workers’ compensation - Montana has long had a workers’ comp problem. Its labor force is injured far more frequently and at greater expense to employers than is typical around the country.(8/29/2011)

IRS Issuances -- Interest rates decrease for the fourth quarter of 2011 - The IRS has announced that the interest rates on overpayments and underpayments of tax for the calendar quarter beginning October 1, 2011 will decrease.(8/29/2011)

Consumer prices rise 0.5 percent in July — CONSUMER PRICE INDEX - The Consumer Price Index for All Urban Consumers (CPI-U) increased 0.5 percent in July on a seasonally adjusted basis, the U.S. Bureau of Labor Statistics reported August 18. Over the last 12 months, the all items index increased 3.6 percent before seasonal adjustment.(8/29/2011)

Early retiree reimbursements slow in June and July — SURVEY RESULTS - The Early Retiree Reinsurance Program (ERRP) approved 38 new retiree plans and made about $5 million in reimbursement in June and July 2011, according to a July 2011 report from the Center for Consumer Information and Insurance Oversight (CCIIO). (8/26/2011)

HRAs receive exemption from annual limit restrictions in health reform — FEDERAL NEWS - Health reimbursement arrangements (HRAs) have been exempted from the annual limit restrictions in the Patient Protection and Affordable Care Act and do not need to apply individually for waivers or waiver extensions from the restrictions, according to August 19 guidance from the Center for Consumer Information & Insurance Oversight.(8/26/2011)

Unemployment Insurance (VT) — Pamela Allen-Pentkowski v. DOL (Liebert Engineering, Inc., Employer). - Paul L. Reiber, Chief Justice, John A. Dooley, Associate Justice, Denise R. Johnson, Associate Justice, Marilyn S. Skoglund, Associate Justice, Brian L. Burgess, Associate Justice(8/26/2011)

On second try, Connecticut unions ratify contracts — CONNECTICUT — Labor relations - Connecticut Governor Dannel Malloy downplayed the drama that has unfolded in Hartford over the past six months as he reacted to the news that state workers had ratified contracts including major concessions on health and retirement benefits.(8/26/2011)

OFCCP notice seeking input on new strategic compensation data collection tool approved by OMB, publication imminent — COMMENT OPPORTUNITY - The Office of Management and Budget (OMB) has approved an Advanced Notice of Proposed Rulemaking (ANPRM) on a new strategic compensation data collection tool intended to effectively identify contractors that are likely to violate Executive Order 11246.(8/25/2011)

Moderate pay raises on tap for U.S. workers, Towers Watson survey finds — SURVEY RESULTS - Reflecting uncertain economic conditions and a conservative cost-management environment, employers are projecting moderate pay raises for employees next year.(8/25/2011)

Chambers of commerce and regional business organizations unite in support of Workforce Investment Act — PENDING LEGISLATION - Chambers of Commerce and regional business organizations across America representing over 50,000 businesses sent a clear message to Congress through a letter of support for Workforce Investment Act (WIA) reauthorization.(8/25/2011)

Withholding and Reporting -- Connecticut updates guidance on withholding for athletes, entertainers - The Connecticut Department of Revenue Services (DRS) has revised its guidance on personal income tax withholding from payments made to athletes and entertainers on income derived from Connecticut sources. (8/25/2011)

Unemployment rate little changed in July — SURVEY RESULTS - Total nonfarm payroll employment rose by 117,000 in July, and the unemployment rate was little changed at 9.1 percent, the U.S. Bureau of Labor Statistics reported August 5. Job gains occurred in health care, retail trade, manufacturing, and mining.(8/23/2011)

CCIIO issues determinations for state implementation of health reform consumer protections — AGENCY GUIDANCE - The Center for Consumer Information and Insurance Oversight (CCIIO) has issued preliminary determinations for states in regard to the implementation of the external health claims review process required under the Patient Protection and Affordable Care Act (ACA).(8/23/2011)

Senate Majority Leader appoints Reno attorney to USCCR — PERSONNEL - On August 4, Senate Majority Leader Harry Reid (D-Nev.) announced that he has appointed Reno, Nevada, attorney David Kladney to serve as Commissioner on the U.S. Commission on Civil Rights (USCCR). (8/23/2011) 

After health reform, safety net providers still play crucial health system role, experts say — FEDERAL NEWS - Nearly all leaders in health and health care policy recently surveyed (98%) believe traditional safety-net providers—including public hospitals, community health centers, and faith-based and mission-driven organizations—will continue to play crucial roles in the U.S. health system after the Affordable Care Act is implemented.(8/17/2011)

Comments sought on development and implementation of OFCCP compensation data collection tool — COMMENT OPPORTUNITY - The OFCCP is seeking comments on 15 specific inquiries regarding its plans to develop and implement a compensation data collection tool. To that end, the agency has published an Advanced Notice of Proposed Rulemaking (ANPRM) in the August 10, 2011 Federal Register (76 FR 49398-49401), and comments on the ANPRM are due 60 days after its publication.(8/17/2011)

Unemployment Insurance (MA) — Change in EB period - Based on data released by the Bureau of Labor Statistics on June 17, the three-month average, seasonally adjusted total unemployment rates for Massachusetts fell below the 8.0% threshold necessary for a high unemployment period (HUP) in the EB program.(8/17/2011)

New Hampshire revises state WARN Act — NEW HAMPSHIRE — Plant closings - The New Hampshire Worker Adjustment and Retraining Notification Act is amended to require employers with 100 or more employees to give at least 60 days’ advance notice of a plant closing or mass layoff.(8/17/2011)

EEO-1 report deadline approaching — FEDERAL NEWS - The deadline for filing an Employer Information Report EEO-1 with the U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 Joint Reporting Committee is fast approaching. The EEO-1 report must be filed by September 30, 2011.(8/16/2011)

HHS awards Affordable Care Act funds to expand access to health care — FEDERAL NEWS - Grants will support new health centers in 67 communities, serve additional 286,000 patients - HHS Secretary Kathleen Sebelius has announced awards of $28.8 million to 67 community health center programs across the country.(8/16/2011)

OSHA releases mobile app to help protect workers from heat-related illnesses — AGENCY GUIDANCE - As part of continuing educational efforts by OSHA about the dangers of extreme heat, Secretary of Labor Hilda L. Solis announced, on August 10, the release of a free application for mobile devices that will enable workers and supervisors to monitor the heat index at their work sites in order to prevent heat-related illnesses.(8/16/2011)

Connecticut payroll software limitations may impact withholding — WITHHOLDING AND REPORTING — Connecticut - The Connecticut Department of Revenue Services (DRS) has announced that it recently became aware of limitations in software used for payroll processing that may impact income tax withholding for certain Connecticut taxpayers.(8/16/2011)

Similar to pre-recession levels, 42 percent of workers report they live paycheck to paycheck, but there are small signs of improvement, CareerBuilder finds — SURVEY RESULTS - As the US keeps a close eye on the stock market, CareerBuilder's survey shows the financial situation for some households is improving. Forty-two percent of workers say they usually or always live paycheck to paycheck, an improvement from 43 percent in 2010 and in line with levels seen back in 2007.(8/16/2011)

Bill barring discrimination against the unemployed introduced in the Senate — PROPOSED LEGISLATION - On August 2, 2011, Senator Richard Blumenthal (D-Conn) introduced the Fair Employment Opportunity Act of 2011, which would prohibit employers and employment agencies from discriminating against unemployed job seekers.(8/16/2011)

Report finds high compliance rate with employer requirements of Massachusetts reform law — STATE LAW - No employers in Massachusetts were liable for the Free Rider Surcharge for either fiscal years 2008 or 2009, according to a recent report from the state’s Division of Health Care Finance and Policy (DHCFP). The Free Rider Surcharge, one of the employer requirements under Massachusetts’ 2006 health reform law, was intended to promote compliance with the law’s Code Sec. 125 plan requirement.(8/11/2011)

Withholding and Reporting -- Connecticut reminds employers of new August 1 withholding rates - The Connecticut Department of Revenue Services (DRS) has reminded employers that new income tax withholding rates and catch-up provisions take effect Monday, August 1, 2011 (See CCH Payroll Management Guide Report Letters 1345/2209, dated July 26, 2011, 2202, dated June 7, 2011, and 2200, dated May 24, 2011.(8/11/2011)

Poll finds most companies lost top talent in past year — SURVEY RESULTS - Despite the generally slow job market, three out of four organizations lost high-performing employees they did not want to lose during the past year, according to a survey by Right Management.(8/11/2011)

Connecticut unions seek to avert widespread layoffs — CONNECTICUT — Labor relations - Public employee union members in Connecticut will get a chance for a do-over vote after disapproving contracts their leaders worked out with the administration of Governor Dannel Malloy, a Democrat, in June.(8/11/2011)

Study authors say union decline accounts for much of the rise in wage inequality — SURVEY RESULTS - Union membership in America has declined significantly since the early 1970s, and that plunge explains approximately a fifth of the increase in hourly wage inequality among women and about a third among men, according to a new study in the August issue of the American Sociological Review.(8/9/2011)

Mass layoff events down 4 percent in June — SURVEY RESULTS - Employers took 1,532 mass layoff actions in June involving 143,444 workers, seasonally adjusted, as measured by new filings for unemployment insurance benefits during the month, the US Bureau of Labor Statistics reported July 22.(8/9/2011)

Experts list top 7 reasons mergers and acquisitions fail — EXPERT GUIDANCE - Mergers and acquisitions are on the rise in 2011, and industry analysts now predict more than $3 trillion in global M&A activity for the year.(8/9/2011)

Per Diems -- August per diems issued for foreign areas - The U.S. State Department has released the maximum travel per diem allowances for travel in foreign areas.(8/9/2011)

According to study, employers find increase in wellness incentive “most beneficial” element of health reform law — SURVEY RESULTS - Thirty-seven percent of responding Lockton Benefit Group clients found the increase in employee wellness incentives to be the most beneficial element of the health reform law. Lockton asked the question in a recent survey.(8/9/2011)

Sens. Cardin, Enzi seek to end FSA “Use or Lose” clause — PROPOSED LEGISLATION - On July 22, 2011, Senators Ben Cardin (D-Md.) and Mike Enzi (R-Wyo.) introduced the Medical Flexible Spending Account Improvement Act (S. 1404), a bill that would allow consumers to pay taxes on and withdraw any remaining funds in their employer-sponsored flexible spending accounts (FSAs).(8/5/2011)

Rhode Island allows financial/investment industry employers to pay employees less frequently — STATE LAW - Rhode Island has enacted a law allowing certain employers to pay their employees less frequently than weekly.(8/5/2011)

IRS to discontinue use of high-low method for substantiating travel expenses — FEDERAL NEWS - The IRS intends to discontinue authorizing the high-low method for substantiation of travel expenses.(8/5/2011)

Expert discusses elements of a legally sound handbook — CONFERENCE COVERAGE - Speaking to a packed audience at the annual SHRM Conference & Exposition, Christine V. Walters, MAS, JD, SPHR, began her presentation by listing the pros and cons of maintaining an employee handbook.(8/5/2011)

The newest risks in employment litigation HR needs to be aware of — CONFERENCE COVERAGE - "Association Discrimination and Association Retaliation are the newest risks to employers," Joseph L. Beachboard, an attorney at Ogletree Deakins told conference attendees.(8/5/2011)

Connecticut enacts law to protect health care workers from violence on the job — CONNECTICUT — Workplace violence - Connecticut has enacted a law requiring health care employers to develop and implement written workplace violence prevention and response plans by January 1, 2012.(8/5/2011)

Report provides roadmap for SHOP Exchanges — FEDERAL NEWS - The Center for American Progress has released a new report that provides a roadmap for states, policymakers, health reform advocates, and small-business leaders to establish American Health Benefit Exchanges under the Patient protection and Affordable Care Act (PPACA).(8/5/2011)

Vermont storm victims get filing, payment deadline relief — WITHHOLDING AND REPORTING — Vermont - The IRS has extended return-filing and payment deadlines for victims of severe storms and flooding beginning May 26, 2011, in parts of Vermont and resulting in the counties of Caledonia and Washington being declared a federal disaster area.(8/2/2011)

Withholding and Reporting -- Many payments exempt from 3% federal withholding - Many payments are exempt from 3% government withholding under Code Sec. 3402(t), IRS officials said during a webinar sponsored by the Service on July 14. (8/2/2011)

Research shows that organizations with high-impact leadership development strategies build a different breed of leader, generate seven times greater business impact — SURVEY RESULTS - Bersin & Associates, has announced new research that shows organizations with high-impact leadership development programs are developing a new kind of leader, and are seven times more effective at delivering improved business and talent results than organizations with less sophisticated leadership development functions.(8/2/2011)

Florida Governor Scott suspends state drug testing Order pending ACLU lawsuit — FLORIDA — Drug testing - The American Civil Liberties Union of Florida has announced that Florida Governor Rick Scott has retreated in implementing what the ACLU refers to as “suspicionless drug testing” of state workers, publishing on its Internet website a copy of a June 10 Memo issued by the Governor to state agency heads on suspending implementation of Executive Order 11-58 until further notice for all but the Department of Corrections.(8/2/2011)

Massachusetts storm victims may qualify for IRS disaster relief — WITHHOLDING AND REPORTING — Massachusetts - The president has declared the counties of Hampden and Worcester in Massachusetts to be a federal disaster area. (8/2/2011)

Higher percentage of employees to get pay raises as pay freeze thaws, 38th annual WorldatWork Salary Budget Survey finds — SURVEY RESULTS - Salary increases are slowly trending upward toward pre-recession levels, according to the 38th Annual WorldatWork Salary Budget Survey. (8/1/2011)

Economics favor retaining health coverage in large employer plans, according to Benfield report — SURVEY RESULTS - Large employers will continue to offer health care benefits to their employees, according to a recent report from the Benfield Group that explores employers' perspective on the impact and implications of health care reform under the Patient Protection and Affordable Care Act (ACA). (8/1/2011)

HHS announces $10 Million in ACA funds to help create workplace health programs — FEDERAL NEWS - Several new studies suggest that the Patient Protection and Affordable Care Act (PPACA) will help to reverse a decade-long reduction in employer-provided coverage.(8/1/2011)

Maine will allow employees with permits to keep firearms in their cars at work — STATE LAW - Employers took 1,599 mass layoff actions in May involving 143,540 workers, seasonally adjusted, as measured by new filings for unemployment insurance benefits during the month, the US Bureau of Labor Statistics reported June 22.(8/1/2011)

Economy negatively impacted employee benefits more in 2011, annual SHRM survey finds — SURVEY RESULTS - The ERISA Industry Committee (ERIC) has offered detailed recommendations on how to apply and implement the employer shared responsibility provisions and the 90-day waiting period under the Patient Protection and Affordable Care Act (ACA).(7/28/2011)

Unemployment rate little changed in June at 9.2 percent — SURVEY RESULTS - Nonfarm payroll employment was essentially unchanged in June (+18,000), and the unemployment rate was little changed at 9.2 percent, the US Bureau of Labor Statistics reported July 8. Following gains averaging 215,000 per month from February through April, employment has been essentially flat for the past 2 months.(7/28/2011)

Withholding and Reporting -- E-Verify faces challenges if mandatorily implemented - E-Verify program improvements as well as significant challenges it still faces were it to be mandatorily implemented were the subjects of testimony before the House Subcommittee on Social Security by Richard M. Stana, the Government Accountability Office’s (GAO) Director for Homeland Security and Justice.(7/28/2011)

Unemployment Insurance (ME) — Law amended - Maine has amended its Employment Security Law as follows.(7/28/2011)

Connecticut Governor signs budget bill making tax changes — WITHHOLDING AND REPORTING — Connecticut - Connecticut Gov. Dannel Malloy has signed a budget bill that makes numerous changes to the state's corporation business tax and personal income tax laws. Among other things, the legislation revises certain tax withholding provisions, and adjusts the penalties for the failure to pay taxes electronically.(7/28/2011)

More than 1,000 health plans given waivers from annual limits, no more applications after September — FEDERAL NEWS - As of the end of May, the Center for Consumer Information and Insurance Oversight (CCIIO) has provided annual limit waivers to 1,433 organizations covering more than 3.2 million employees under Sec. 2711 of the Public Health Service Act (PHSA), added by the Patient Protection and Affordable Care Act.(7/26/2011)

Global economic uncertainty makes affordable health care a universal challenge for consumers, Deloitte study shows — SURVEY RESULTS - Rising health care costs, coupled with the current state of the economy, have prompted many consumers across the globe to delay care, alter household spending and worry about their ability to pay for future health care costs according to the 4th annual Deloitte Center for Health Solutions "2011 Survey of Health Care Consumers."(7/26/2011)

Maine enacts budget bill containing rate changes, Code conformity — WITHHOLDING AND REPORTING — Maine - Maine Gov. Paul LePage has signed budget legislation for the 2012-2013 biennium that makes numerous changes to the state's corporate and personal income tax laws.(7/26/2011)

New Hampshire Legislature overrides governor’s veto on minimum wage — WAGE HOUR RULES — New Hampshire - The New Hampshire Legislature on June 22 overrode the Governor John Lynch’s June 8 veto of House Bill 133 on the minimum wage.(7/26/2011)

ERIC urges IRS not to impose undue burdens on group health plan W-2 reporting requirements — FEDERAL NEWS - The ERISA Industry Committee (ERIC) has issued comments urging the Treasury Department and Internal Revenue Service not to impose unnecessary burdens on employers in implementing the reporting requirements for the cost of group health plan coverage on W-2 forms. (7/22/2011)

Americans re-set retirement expectations, according to SunAmerica — SURVEY RESULTS - SunAmerica study reports on resilience of Americans as they focus on new approach to post-recession retirement. (7/22/2011)

BLS reports slight uptick in real earnings for all employees in June — SURVEY RESULTS - Real average hourly earnings for all employees rose 0.2 percent from May to June, seasonally adjusted, the US Bureau of Labor Statistics reported July 15. This change stemmed from a 0.2 percent decrease in the Consumer Price Index for All Urban Consumers (CPI-U), while average hourly earnings remained unchanged.(7/22/2011)

Slight decrease reported in the Consumer Price Index in June — CONSUMER PRICE INDEX - The Consumer Price Index for All Urban Consumers (CPI-U) decreased 0.2 percent in June on a seasonally adjusted basis, the US Bureau of Labor Statistics reported July 15. Over the last 12 months, the all items index increased 3.6 percent before seasonal adjustment. (7/22/2011)

Sobel & Raciti Pandemic Preparedness Information (MEMBERS ONLY) - No doubt that your organization has begun to think through strategies for responding to the possibility of a flu pandemic. It is our hope that none of your organizations will ever have to implement emergency and business continuity plans, but history tells us that it is far better to be prepared.

Point of Information Archives - CLICK HERE