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Your Monthly
Newsletter from Integrated Benefit Solutions
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March 2020
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Congress Passes Coronavirus Aid Law
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On March 18, 2020, President Trump signed
the Families
First Coronavirus Response Act (the Act) into
law. The Act requires employers to provide paid leave for some
employees related to the coronavirus (COVID-19) pandemic, among
other measures. The Act takes effect no later than 15 days after
it is signed by the president.
Paid Sick Leave
Among other measures, the law requires 80 hours of paid
sick leave for government workers and employees of
companies with fewer than 500 employees. Compensation
caps apply.
Leave would be available to workers who:
- Are
or may be sick with COVID-19;
- Have
to care for a family
member with the illness; or
- Have
a child whose school or child care
facility is closed (or whose child care provider is
unavailable) due to the illness.
Paid FMLA Leave
The bill would also require partially paid leave
under the Family and Medical Leave Act when an
employee is unable to work or telework due to a school or child care closure related to the coronavirus.
This benefit would be available to individuals who have worked
for their employer for at least 30 days.
Benefits under the law expire Dec. 31, 2020.
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Health Plans Must Provide Free Coronavirus
(COVID-19) Testing
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On March 18, 2020, President Trump signed the
second coronavirus relief measure into law – the Families
First Coronavirus Response Act (Act).
Effective immediately, the Act requires group
health plans and health insurance issuers to cover COVID-19 testing
without imposing any cost sharing (such as deductibles, copayments or coinsurance) or prior
authorization or other medical management requirements. This
coverage mandate applies to the following health plans and
issuers, regardless of grandfathered status under the Affordable
Care Act (ACA):
- All
fully insured group health plans
- All
self-insured group health plans
- Health
insurance issuers offering group or individual
coverage
This coverage mandate does NOT require health
plans and issuers to cover COVID-19 treatment at no charge. Exact
coverage details for COVID-19 treatment, including any
cost-sharing amounts, will vary by plan.
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DOL Increases Civil Penalty Amounts for 2020
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 The Department of Labor (DOL) recently released its
2020 inflation-adjusted civil monetary penalties that may be
assessed on employers for violations of a wide range of federal
laws, including:
- The Fair Labor Standards Act
(FLSA);
- The Employee Retirement
Income Security Act (ERISA);
- The Family and Medical Leave
Act (FMLA); and
- The Occupational Safety and
Health Act (OSH Act).
To
maintain their deterrent effect, the DOL is required to adjust
these penalties for inflation no later than Jan. 15 of each
year. Key penalty increases include the following:
- The maximum penalty for violations
of federal minimum wage or overtime requirements increases
from $2,014 to $2,050 per violation.
- The maximum penalty for
failing to file a Form 5500 for an employee benefit plan
increases from $2,194 to $2,233 per day.
- The maximum penalty for violations
of the poster requirement under the FMLA increases from $173
to $176 per each offense.
Employers
should become familiar with the new penalty amounts and review
their pay practices, benefit plan administration and safety
protocols to ensure compliance with federal requirements.
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Employers Must Begin Using New Form I-9 by May 1
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 The U.S. Citizenship and Immigration Services
(USCIS) recently published a
new version of Form I-9: Employment
Eligibility Verification. The previous version of this
form expired Aug. 31, 2019, but USCIS advised employers to
continue using the expired form until a new form was made
available.
Transition
Period
With the new form, USCIS has also clarified that employers have the
option of initially using either the expired or the new Form I-9.
However, employers must begin using the new form exclusively by
May 1, 2020.
What’s
Different?
The paper version of the new form has not changed, but the
electronic form shows a few minor changes. Specifically, the new
form:
- Lists additional countries
(Eswatini and Macedonia) in the country of issuance field;
- Clarifies who can act as an
authorized employer representative;
- Updates the USCIS website address;
- Clarifies the list of acceptable
documents;
- Updates the process for
requesting paper versions of the form; and
- Updates the privacy notice
from the Department of Homeland Security.
New Expiration Date
The new Form I-9 was approved by the Office of Management and
Budget on Oct. 21, 2019, and has a new
expiration date of Oct. 31, 2022.
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Helping Employees Embrace Workplace Change
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 Workplace changes are common across all
organizations. Although some employees may embrace various
changes to company systems or procedures, most individuals find
workplace changes to be confusing, stressful
and overwhelming. In fact, a recent study found that 71% of
employees who experienced a large company change within the last
year were less satisfied with their job than those who
experienced little to no change.
While companies can’t avoid change in the workplace, there are
steps they can take to minimize the negative effects that change
can have on employees, such as dissatisfaction and burnout. To
ensure a smooth transition, try the following action items:
- Communicate the change early
on. Have an open discussion with employees
about why the change is occurring and what the expectations
are for the change (e.g., better work environment,
equipment, operations or
opportunities). Never wait to communicate a huge initiative
until the last second.
- Recognize the achievements
made under the old systems or operations. It’s important for employees to feel that
all their hard work is still appreciated and is not being
overlooked by the new system or procedure.
- Discuss the pros and cons. Be
transparent about any roadblocks or inconveniences employees
may experience during the change.
- Explain who will be affected
and how. Before the change occurs,
ensure all employees are aware of how it may affect them
individually or as a department.
- Explain when the change will
occur. If possible, provide
employees with a timeline for when the change will be taking
place and how long it will take for the company to prepare
for it.
- Allow employees to express
their concerns. After presenting the
change, give employees the chance to ask questions or
discuss any concerns they may have. Managers should touch
base with employees throughout the transition process to
ensure all employees are supported and well-informed.
- Implement the change in
stages. If there are various
phases to the new change, try implementing them over time.
This allows employees more time to grasp any new concepts
and ask questions as necessary.
- Be open to any modifications
to the new procedure or operation.
Once the transition has begun, be open to any new
suggestions that employees may have that could improve any
new systems or processes.
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Managing the Excuse-Makers
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Some
employees always seem to have an excuse for failing to meet
expectations. Luckily, there are strategies managers can use to
turn repeat excuse-makers into productive team members. Learn
about these strategies in the video below.
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