April 2024


 

News

IRS Releases Guidance on Flexible Spending Account Substantiation

Recently the Internal Revenue Service (IRS) released a Chief Counsel Memo confirming its long-standing position that all flexible spending account (FSA) expenses must be substantiated.

I-9 Inspection Flexibility Ends Soon. In-Person Examination Deadline Set

The Department of Homeland Security (DHS) is reminding employers that the temporary policy that allowed employers to inspect Form I-9 documents remotely in certain situations related to COVID-19 will end on July 31, 2023. DHS also announced that employers will have until Aug. 30, 2023, to perform all required in-person/physical examinations of I-9 documents for those individuals who have only received a virtual examination.

New Voluntary Self‐Identification Form for Federal Contractors

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released a revised Voluntary Self-Identification of Disability Form (CC-305). Federal contractors must implement the new form by July 25, 2023.

 

How the end of the Public Health Emergency impacts employee Benefit Plans

Here at ADP® we understand that many employers may have questions and concerns about the impact of the anticipated May 11, 2023, end of the federal COVID-19 National Emergency and Public Health Emergency Orders. We want to let you know that on March 29, 2023, the U.S. Department of Labor (DOL), U.S. Department of Health and Human Services (HHS), and the U.S. Department of the Treasury issued frequently asked questions (FAQ) guidance to assist employers preparing for the end of these Orders. The FAQ guidance addresses questions related to the extended deadlines for COBRA, special enrollments and group health plan claims and appeals.

Updated background check notice required

We are reaching out to let you know that the Consumer Financial Protection Bureau (CFPB) has published an updated version of “A Summary of Your Rights Under the Fair Credit Reporting Act," a notice required to be provided by employers during the background screening process.

The effective date of the new version of the summary notice is April 19, 2023, but the CFPB is allowing employers until March 20, 2024, to start using the new version.

NLRB Says Overly Broad Provisions in Severance Agreements are Unlawful

The National Labor Relations Board (NLRB) has ruled that employers are barred from drafting severance agreements that contain overly broad non-disparagement and confidentiality prohibitions. After the ruling, the NLRB’s general counsel released guidance indicating the decision also applies retroactively to agreements already entered with such provisions. 

IRS Releases Guidance on Reimbursement of Nutrition, Wellness and General Health Expenses

On March 17, 2023, the Internal Revenue Service (IRS) released frequently asked questions (FAQs) via IRS News Release IR-2023-47 regarding the reimbursement of nutrition, wellness, and general health expenses under health flexible spending accounts (Health FSAs), health savings accounts (HSAs) and health reimbursement arrangements (HRAs).

U.S. Supreme Court Rules Daily Paid Employees Eligible for Overtime Pay

The United States Supreme Court has ruled in Helix Energy Solutions Group v. Hewitt that an employee who made in excess of $200,000 annually was eligible for overtime pay due to the fact that the employee was paid on a daily basis.  

IRS Releases 2022 Version of Publication 503

The Internal Revenue Service (IRS) published Publication 503 for use in preparing 2022 tax returns, which describes the tests a taxpayer must meet in order to claim the credit for child and dependent care expenses and explains how to calculate and claim the credit.

IRS Releases 2022 Version of Publication 502

The Internal Revenue Service (IRS) has released the latest version of Publication 502, which describes what medical expenses are deductible by taxpayers on their 2022 federal income tax returns. This publication provides guidance on what qualifies as a medical expense under Code § 213(d) and helps identify the expenses that may be reimbursed or paid by health flexible spending accounts (health FSAs), health savings accounts (HSAs), or health reimbursement arrangements (HRAs), or covered on a tax-favored basis under other group health plans (e.g., an employer-sponsored medical plan).  

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