April 2024


 

News

SECURE 2.0 Catch-Up Contributions Must be Made on a Post-Tax (Roth) Basis for “High Wage Earners” beginning in 2024

When the Consolidated Appropriations Act of 2023 was signed into law late last year, it included several provisions affecting retirement savings plans. These provisions are collectively referred to as the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act).

Delayed California Consumer Privacy Act regulations: Slight reprieve but time is ticking

The Superior Court of California has delayed enforcement of the new California Consumer Privacy Act (CCPA) Regulations for one year. This means that the California Privacy Protection Agency (CPPA) cannot begin enforcement of the new regulations until March 29, 2024. The delay offers employers a slight reprieve, but time is ticking.  Click here for more details.

U.S. DOL Proposes Increase to Minimum Salary for Exempt Employees

On Aug. 30, 2023, the United States Department of Labor (DOL) released its highly anticipated proposed overtime rule. This rule, if finalized, would increase the minimum salary amount required to be paid to executive, administrative and professional (EAP) employees and the required annual compensation to be paid to highly compensated employees (HCEs) in order for these employees to be considered exempt from the Fair Labor Standards Act (FLSA) overtime pay requirements. The DOL is also proposing automatic updates to these amounts every three years.   

EEO-1 Reporting Expected to Begin in Fall for Covered Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is tentatively scheduled to begin accepting EEO-1 reports for 2022 via its portal in the fall of 2023. Previously, the EEOC had expected to start the process in mid-July 2023.

The reason for the delay is that the EEOC is currently completing a mandatory, three-year renewal of the EEO-1 Component 1 data collection by the Office of Management and Budget (OMB).

USCIS Announces New Form I-9 and Alternative Verification Procedure

U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 (I-9) to verify the identity and employment authorization of employees and a new alternative procedure to the in-person physical document examination method that employers have followed as part of the I-9 process.   The new I-9 can be used starting August 1, 2023 and must be used starting November 1, 2023.   

The alternative procedure may be used starting on August 1, 2023 and does not expire, but can be cancelled or amended by the Department of Homeland Security. The alternative procedure is only available to employers enrolled in E-Verify.

U.S. Supreme Court Clarifies Right to Religious Accommodations

This notice is to clarify how  in Groff v. DeJoy, the U.S. Supreme Court has ruled that when establishing an undue hardship in the context of providing reasonable accommodations for employees’ religious beliefs and practices, employers must demonstrate substantial increased costs in relation to the operations of its business.

U.S. Supreme Court Clarifies Right to Religious Accommodations

This notice is to clarify how  in Groff v. DeJoy, the U.S. Supreme Court has ruled that when establishing an undue hardship in the context of providing reasonable accommodations for employees’ religious beliefs and practices, employers must demonstrate substantial increased costs in relation to the operations of its business.

DOL Releases Updated FLSA and FMLA Posters

The United States Department of Labor (DOL) has released updated posters regarding the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA), which must be posted in a conspicuous location in the workplace where employees can read them. 

The Secure Act of 2022 – Impact to Long-Term Part-Time Employees

When the Consolidated Appropriations Act of 2023 was signed into law late last year, it included a number of provisions affecting retirement savings plans. These provisions, collectively referred to as SECURE 2.0, offer many new benefits to employers and employees that are designed to make it more attractive for employers to offer retirement plans and to improve retirement outcomes for employees.  The focus of this update is on provisions affecting long-term part-time employees’ eligibility to participate in 401(k) and 403(b) plans.   Under SECURE 1.0, long-term part-time employees could participate in 401(k) retirement plans if they completed 1,000 hours of service within one year or 500 hours in each of three consecutive years for the 2024 plan year.   SECURE 2.0 changes the eligibility requirements to be considered a long-term, part-time employee from three consecutive years to two consecutive years for employees hired in 2023 or later.  SECURE 2.0 applies to 401(k) and 403(b) plans.

IRS Releases 2024 HSA and HDHP Limits

The Internal Revenue Service (IRS) via Revenue Procedure 2023-23 has released the inflation-adjusted contribution limitations for calendar year 2024 in relation to health savings accounts (HSAs) and high-deductible health plans (HDHPs).  

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