July 2024

Insight & Solutions 2
 

News

DOL Issues FLSA Opinion Letter Addressing Reasonable Relationship Test

In furtherance of a practice reinstituted earlier this year, the DOL’s Wage Hour Division (WHD) issued Opinion Letter FLSA 2018-25 which provides guidance to employers paying exempt employees on an hourly, daily, or shift basis by addressing the requirement in 29 C.F.R. Section 541.604(b) that a “reasonable relationship” exist between an exempt employee’s guaranteed amount and the amount actually earned.

Year End Compliance Alert Updates - Take Action Now to Avoid Penalties

Affordable Care Act (ACA) Compliance Alert Reminder In early October 2017, the compliance alert banner went live prompting Applicable Large Employers (ALEs) to complete needed steps for us to file their 1094-C and 1095-C forms on their behalf. If you are an ALE employer and you have not yet completed your acknowledgment you will continue to see this compliance alert banner on the home page of My TotalSource. As your compliance partner, we encourage you to take action NOW to avoid potential penalties. Penalties associated with failing to provide a 1095-C Form or providing one after the IRS deadline can be as high as $260 per form.

New Version of Model Fair Credit Reporting Act Summary of Rights Released

A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check companies should begin using the new form by September 21, 2018.

Ninth Circuit Rejects U.S. Department of Labor’s Interpretation of “Dual Jobs” for Tipped Employees

Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit, in Marsh v. J. Alexander’s, LLC, held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing non-tip generating duties.

Health Advocate Now Available to Your Employees

ADP TotalSource® is very happy to announce that Health Advocate is now available to you and your eligible employees, at no cost to you.  

Stay Issued for Pay Data Reporting Aspects of EEO-1 Form

 The Equal Employment Opportunity Commission has indefinitely stayed the deadline for compliance with the pay data collection aspects of the revised EEO-1 form.

Department of Labor Introduces Dual Fringe Rates for Service Contract Act

The Department of Labor has released its annual Health and Welfare Fringe Benefits Rate adjustment for 2017-18, announcing two separate rates for the Service Contract Act.

Important Change for 2018 VETS-4212 Filings

For reporting in 2018 and going forward, government contractors will gain the efficiency of pulling a single data snapshot as of December 31 for reporting on both EEO-1 and VETS-4212 reports.  

ACA Client Acknowledgment: Take Action NOW and Avoid Penalties

If you are an Applicable Large Employer (ALE), your business could be in jeopardy of facing significant financial penalties if you have not approved your 1094-C and 1095-C Forms through My TotalSource.  We encourage you to take action NOW to avoid potential penalties.

New Form I-9 Released - Employers Must Start Using by January 22, 2017

On Monday, November 14, 2016, the U.S. Citizenship and Immigration Services (USCIS) published a new version of the Form I-9, Employment Eligibility Verification. The new form can be accessed by clicking here. 
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