From new laws to filing deadlines for state, federal, and local compliance, HR responsibilities continue to grow. Stay up to date with important changes and deadlines related to payroll, benefits, compliance, and general HR. Here’s your HR checklist, which includes some of the most important tasks to take care of in the coming months. PAYROLL & TAX
Verify Requirements for Minimum Wage. Under federal law, covered non-exempt employees must be paid a minimum wage of $7.25 per hour. Many states also have minimum wage laws. When an employee is subject to state and federal minimum wage laws, the employee is entitled to the higher minimum wage rate. To learn more about applicable minimum wage laws in the states where you have employees working, visit the Department of Labor’s interactive map.
Also note that minimum wage exceptions vary and apply under specific circumstances, such as workers with disabilities, full-time students, those under age 20 (in their first 90 consecutive days of employment), tipped employees, and student learners. The Department of Labor provides more details about exceptions and requirements under the Fair Labor Standards Act in this comprehensive reference guide.
Stay Up-to-Date on the Latest Changes on Form 1-9 Compliance. According to the U.S. Department of Homeland Security (DHS), employers should continue to use the current Form I-9, which expired October 31, 2022), until further notice. Follow DHS for announcements about the new version of Form I-9, tentatively scheduled for May 2023. DHS has also extended the deadline of its temporary policy, allowing employers to review Form I-9 documents virtually until July 31, 2023.
Prepare 2022 EEO-1 Component 1 Data Collection. Follow the EEOC for updates on requirements for covered employers to report 2022 EEO-1 Component 1 data collection, tentatively scheduled to open in mid-July 2023.
Remove OSHA Form 300A. Under OSHA’s record-keeping requirements, applicable employers must post a summary of the previous year's injuries and illnesses from February through April. These records must be maintained at the worksite for at least five years. On April 30, 2023, applicable employers can remove OSHA Form 300A, a summary of workplace injuries and illnesses.
Schedule Required Compliance Training. Check all required federal, state, and industry workplace training requirements that apply to your business and workplace training mandated in your state.
Look for Updates on DOL’s Proposed Overtime Rule. The Department of Labor's proposed changes to the overtime rule, which may include increases in salary thresholds and expanding duties tests to classify certain employees as exempt, for example, are expected to be announced this spring. The current threshold is $684 per week or $35,568 annually.
Review Record-keeping Requirements. Small businesses are required to follow a number of regulations for record-keeping. A few examples include:
- Employment Records. Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), and the Civil Rights Act of 1964 (Title VII) requires employers to retain hiring (including resumes or applications of those interviewed) and employment records for one year after creating the documents or the hire/no-hire decision, whichever is later. In addition, after employment terminates, employers must keep existing employment records for one year from the termination date.
- Employment Tax Records. Under the Federal Insurance Contribution Act (FICA), Federal Unemployment Tax Act, and Internal Revenue Code, employers should keep employment tax records for four years after filing the 4th quarter taxes.
- Leave Records. The Family Medical Leave Act (FMLA) requires employers to keep leave records for three years.
- Form I-9. The Immigration Reform and Control Act (IRCA) and Immigration and Nationality Act (INA) require employers to keep copies of Form I-9 and supporting documentation for three years after the date of hire or one year after the date of termination, whichever is later.
Review Your Employee Benefits Plan. Check with your benefits broker for updates, deadlines, and any changes in reporting. Also, verify that all healthcare reform requirements are met.
Review All Insurance Policies. Is your health plan the right fit for your business? Do you know what to expect during the insurance renewal process? Do you have all the policies in place to protect your business? National Insurance Awareness Day is June 28, 2023, and an annual reminder to review all of your insurance policies. Determine if changes in your work environment or staff work assignments may impact your current exposure and codes on your account. Also, check with your Workers’ Comp insurance broker to determine if you need to make any necessary adjustments to cover additional exposure, including remote workers.
Verify Compliance with Health Care Price Transparency Rules. Employers need to take action to ensure compliance with new regulations for group health plans issued by the Department of Labor (DOL). Employers offering fully insured health plans should confirm in writing with their issuer or third-party administrators (TPAs) to ensure compliance with the DOL price comparison tool and related disclosures.
For plan years that began or after January 1, 2023, plans and issuers must make price comparison information available for 500 items, services, and drugs on the first day of the plan year. For plan years beginning on or after January 1, 2024, price comparison information must be available for all covered items, services, and drugs as of the first day of the plan year.
In addition, applicable employers should verify that requirements for submitting a prescription drug costs report to the Centers for Medicaid and Medicare Services (CMS) have been met. The deadline to submit cost data to CMS is June 1, 2023.
Enhance Your Mental Health & Wellness Benefits. Are you doing enough to reduce stress and support mental health and wellness in your workplace? Unfortunately, stress and anxiety are at an all-time high. In addition to an Employee Assistance Program (EAP), consider offering additional resources and ways to nurture mental health and wellness, such as well-being hours or time off, and encourage employees to take advantage of existing tools, resources, and guidance.
Employers should understand their responsibilities as depression, anxiety disorders, and other mental health conditions can reach a level considered a disability under the Americans with Disabilities Act (ADA) and require employers to make accommodations for these workers.
Need Help? We've got you covered. Depending on your business and industry, your HR checklist may be different and even more complex. As an IRS-certified Professional Employer Organization (PEO), Propel HR has been a leading provider of Human Resources and payroll solutions for more than 25 years. We partner with small to mid-sized businesses to manage payroll, employee benefits, compliance and risks, and other HR functions in a way that maximizes efficiency and reduces costs. If you need help, just give us a call at (800) 446-6567, or to learn more, visit www.propelhr.com.
PLEASE NOTE: This information is for general reference purposes only. As we continue to work during an active pandemic, laws, regulations, and filing deadlines are likely to change. Please check with the appropriate organizations or government agencies for the latest information and consult your employment attorney and/or benefits advisor regarding your responsibilities. In addition, your company may be exempt from certain requirements and/or be subject to different requirements under the laws of your state. (Updated March 22, 2023)
Now Hiring for YOU! Introducing PropelHIRES
You’ve trusted us with your payroll and other HR needs, and now we are thrilled to help you find the right candidate. We’re excited to welcome, PropelHIRES, to the Propel team!
In today’s tight labor market, hiring the right person for the right position is even more critical. PropelHIRES considers the culture of the company and the demands of the specific position, along with the experience, qualifications, and personality, to find a fit that lasts. This means less turnover, higher productivity, and ultimately greater growth.
And when you are ready to take your business to another level, pair PropelHIRES’ recruiting with Propel HR’s concierge PEO services. We can help you recruit new talent and then seamlessly onboard them. And as a result, you can focus on your core business while we take care of payroll, benefits, technology, and human resources.
So let us do the heavy lifting and connect your business with top-tier candidates. To accelerate your next hire, contact Brent Deedrick at (864) 261-1901 or schedule a call or video conference HERE. Learn more at www.propelhires.com.