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August 5, 2019
Prepare for the Growing Demand for U.S. Data Protection Laws
We may be a ways off from having anything like the GDPR in the U.S., but support grows for federal privacy protection laws. Companies should brace themselves for potentially stringent data protection requirements. You can help position your organization for new regulations by answering some tough data security questions.
August 2, 2019
CBIZ Small Business Employment Index Slips In July
Small business job growth slowed in July, according to the latest CBIZ Small Business Employment Index.
August 1, 2019
By Karen McLeese
Paid Sick Leave Updates: Pittsburgh, San Antonio and Dallas
The City of Pittsburgh passed a Paid Sick Days Ordinance in August, 2015. Local restaurants and businesses challenged the City's authority. Two lower courts found in favor of the challengers. However, on July 17, 2019, the Supreme Court of Pennsylvania overruled the lower courts in favor of the City’s right to enforce the ordinance. This means that Pittsburgh employers will be required to provide a paid sick leave benefit. In Texas, the City of San Antonio enacted a paid sick leave ordinance about a year ago that was to take effect on August 1, 2019. A group of San Antonio businesses challenged the City and sought an injunction. As part of a compromise between the City and the business groups, the implementation date of the ordinance is now delayed. Meanwhile, the Dallas Earned Paid Sick Time Ordinance is still set to take effect August 1, 2019.
Nevada: “Leave for any Purpose” Program
A new law enacted in Nevada provides paid leave “for any purpose”, which bears semblance to the general paid leave program enacted in Maine. In a nutshell, when the law takes effect on January 1, 2020, eligible employees in Nevada would be entitled to accrue up to 40 hours per benefit year that can be used for “any purpose”.
Paid Medical and Family Leave Updates in California, Connecticut and Oregon
As mentioned in last month’s Benefit Beat, Governor Gavin Newsom signed a law on June 27, 2019 that extends the duration of California’s current Paid Family Leave Program. In Connecticut, employers will be required to provide paid family leave, funded by a payroll tax beginning January 1, 2021, with benefits beginning January 1, 2022. Plus, amendments have been made to Connecticut’s existing Family and Medical Leave Act to align with the new paid family leave law. Oregon now becomes the latest state requiring employers to provide paid family and medical leave. Under the new law, the paid leave program is funded by both employer and employee contributions with benefits scheduled to begin January 1, 2023.
EEO-1 Report Update: Component 2 Data Reporting Requirement
The Equal Employment Opportunity Commission has contracted with NORC at the University of Chicago to collect and process Component 2 data, as part of the EEO-1 reporting obligation. Component 2 data for both 2017 and 2018 must be submitted by September 30, 2019.
Updated Medicaid/CHIP Premium Assistance Notice
Individuals who are eligible for employer-sponsored group health coverage, but are unable to afford the premium, may be eligible to receive premium assistance from a state’s Medicaid agency or Children’s Health Insurance Program (CHIP). Thus, employers sponsoring health plans are obligated to annually provide a premium assistance notice to their workforce. This notification can be accomplished by using a model notice provided by the Department of Labor’s Employee Benefit Security Administration (EBSA). EBSA recently revised the model Medicaid/CHIP notice, and made current as of July 31, 2019.
Individual Health Insurance Mandated in California and Rhode Island
A handful of states are enacting laws requiring their residents to maintain individual health coverage, or pay a state tax penalty. California and Rhode Island now join the District of Columbia, Massachusetts, New Jersey and Vermont by enacting laws mirroring the concepts of the individual shared responsibility provisions of the Affordable Care Act.
Beware the Laws Impacting Wellness Programs
A recent class action lawsuit involving a wellness program bears monitoring. Under Yale’s Health Expectation Program, roughly 5,400 Yale union employees were required to participate in the program, or pay a $25 weekly fine via payroll deduction. The complaint alleges that the Program violates the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act of 2008.
Preventive Care Services Expanded for HSA Participants
The IRS released new guidance relating to health savings accounts, specifically expanding the types of treatments and services for certain chronic conditions that constitute preventive care.