Compliance Corner

The federal poster is being updated due to mandatory changes to the Minimum Wage/Fair Labor Standards Act (FLSA) and Polygraph Protection.

The Employment Practices Liability Insurance policy, issued through Zurich American Insurance Company, has been renewed with an effective policy period beginning August 1, 2016. The Legal Defense Benefit continues to work in conjunction with the policy.

Section 6106 of the Affordable Care Act (ACA) now requires long term care facilities to electronically submit direct care staffing information based on payroll and other auditable data. To streamline this effort, the Centers for Medicare and Medicaid Services (CMS) have developed a new system for facilities to submit their staffing and census information called the Payroll-Based Journal (PBJ). Employers must report total direct care hours worked (including agency and contract staff), employee hire and termination dates and facility census data. Click here to learn more.

This ordinance passed following a referendum vote on June 7, and will go into effect immediately following certification of the election results.  The certification process will likely conclude in mid-July 2016.

New York Governor, Andrew Cuomo, signed legislation implementing a staggered set of regional minimum wage increases with the end goal of increasing the state’s minimum wage to $15.00 an hour by 2021. 

Austin, Texas has enacted a city ordinance prohibiting employers from asking about or considering a job applicant’s criminal history before making a conditional offer of employment. Austin is the first city in the South to enact such a “Fair Chance” or “Ban the Box” law.  Please be reminded that clients taking advantage of ADP Screening and Selection Services should use the most recent version of the Background Check Consent Form which is available in the Forms Library in My TotalSource in the pre-employment section.

Vermont has enacted a statute prohibiting most employers from requesting criminal record information on an initial application. 

Also, please be reminded that clients taking advantage of ADP Screening and Selection Services should use the most recent version of the Background Check Consent Form which is available from your HR Business Partner.

Pennsylvania has joined the growing list of states legalizing the use of marijuana for medicinal purposes. On April 17, 2016, Pennsylvania enacted its Medical Marijuana Act (the “Act”) and, although the law takes effect on May 17, 2016, the State’s Department of Health must now go through the process of creating and implementing a regulatory program before its constituents can begin dispensing and using medical marijuana.

Our Sick Leave Toolkit, which includes Frequently Asked Questions (FAQs) and model sick leave policies for jurisdictions with sick leave laws, has been updated to reflect the new requirements in Minneapolis, Santa Monica, Los Angeles and Vermont.