The September 4, 2024 effective date of the Federal Trade Commission’s rule that would essentially INVALIDATE ALL PRE-EXISTING U.S. NON-COMPETE AGREEMENTS & BAN FUTURE ONES is rapidly approaching. It will take effect UNLESS one of the following occurs: A nationwide…
HR Management Matters Archives
NATION-WIDE INVALIDATING & BANNING OF NON-COMPETE AGREEMENTS TO TAKE EFFECT SEPTEMBER 4, 2024
Posted in HR Legal & Compliance
BIDEN’S PROPOSED FY 2025 BUDGET SPELLS BAD NEWS FOR EMPLOYERS
President Joe Biden recently issued his proposed FY2025 budget. It includes large budget increases for government compliance agencies related to employment/employees. Some examples of compliance agencies are: Equal Employment Opportunity Commission (up by $488M) Department of Labor, which includes Wage…
Posted in HR Legal & Compliance
CALIFORNIA EMPLOYMENT LAWS: 2023
California employers need to be aware of several changes in California’s employment laws that will become effective January 1, 2023. Here are 3 key ones for employers to be mindful of in order to be ready to be in compliance.…
Posted in HR Legal & Compliance
BENEFIT PLAN NOTICES…NO GOOD DEED GOES UNPUNISHED, Part 3
Sadly, one of your employees has decided to move on for a new opportunity. Now that they have left, you have no further responsibilities for benefit plan notices, right? Nope, there are still several required notices for which you are…
Posted in Benefits Management, HR Legal & Compliance
BENEFIT PLAN NOTICES…NO GOOD DEED GOES UNPUNISHED, Part 2
Your employee has been onboarded, you provided all of the disclosures for health and welfare plans as required, and now you can sit back and contemplate a job well done. Don’t contemplate too long because your disclosure tasks have just…
Posted in Benefits Management, HR Legal & Compliance
EXPANSION OF CALIFORNIA FAMILY RIGHTS LAWS
BACKDROP Small employers typically do not have the same level of in-house HR Management expertise as do their large corporate counterparts. Also, they do not usually have the financial resources to engage law firms specializing in employment law. As a…
Posted in HR Legal & Compliance
THE PRO ACT—BAD NEWS FOR EMPLOYERS
On March 9th, the U.S. House of Representatives passed H.R. 842, the Protecting the Right to Organize (referred to as “PRO”) Act. The PRO Act is by far the most pro-labor union legislation in many decades. It reflects the pledge…
Posted in Employee & Labor Relations, HR Legal & Compliance
BENEFIT PLAN NOTICES…NO GOOD DEED GOES UNPUNISHED
This is never truer than for employers that offer health and welfare and/or retirement benefits to employees. Your reward for spending a lot of money, aside from providing employees with valued benefits, is an endless series of regulations and requirements.…
Posted in Benefits Management, HR Legal & Compliance
FINALLY SOME CLARIFICATION…INDEPENDENT CONTRACTOR OR EMPLOYEE?, PART 1
This question of an individual is an independent contractor or an employee has never really had a clear answer. As the nature of our economy and how work is performed has evolved (and will continue to do so), the answer…
Posted in HR Legal & Compliance
A BENEFITS MANAGEMENT CHALLENGE: NON-DISCRIMINATION TESTING
There are various complex non-discrimination provisions that apply to self-funded health plans, cafeteria plans, HRAs, and health care and dependent care FSAs. These include IRC Section 105(h), IRC Section 125, and ACA. The purpose is to ensure that HCEs and…
Posted in Benefits Management, HR Legal & Compliance