Human Resources White Papers

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On Dec. 29, 2020, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2020-7, which addresses when the DOL will consider electronic posting by employers (by email, or an internet or intranet website) sufficient to provide employees with required notice of their statutory rights under a variety of federal labor laws.

The Bulletin was issued in response to employer questions about the use of electronic means to post notices under the following laws, as more employees work remotely due to the COVID-19 pandemic:

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On Jan. 1, 2021, Colorado employers will have to provide workers with up to 80 hours of paid public health emergency leave (PHEL) under the state’s new Healthy Families and Workplaces Act.

The requirement was clarified in guidance and temporary emergency rules issued by the state’s Department of Labor and Employment (DLE) on Dec. 23, 2020.

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On Dec. 16, 2020, The U.S. Treasury Department and Internal Revenue Service published final regulations on the deduction for qualified transportation fringe (QTF) expenses, following changes made by the Tax Cuts and Jobs Act (TCJA).

The final regulations became effective upon publication and replace proposed regulations and interim guidance provided in IRS Notice 2018-99.

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On Dec. 29, 2020, the U.S. Department of Labor (DOL) published Field Assistance Bulletin 2020-8 to provide enforcement guidance regarding the use of telemedicine when establishing a serious health condition under the Family and Medical Leave Act (FMLA).

FMLA Eligibility

FMLA job protections are available to eligible employees who need to take time off work due to their own serious health condition or the serious health condition of a spouse, child or parent.

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The IRS has added or updated more than 80 answers to questions in its series of FAQs on “COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses.”

The changes affect questions in all 13 of the subtopics covered by the FAQs.

Refundable tax credits are available to businesses for employee paid leave taken under the federal Families First Coronavirus Response Act (FFCRA), enacted in March 2020 and effective through Dec. 31, 2020.

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The U.S. Equal Employment Opportunity Commission (EEOC) recently launched EEOC Explore, a new interactive data query and mapping tool that gives users access to the most current, granular and privacy protected aggregate data covering employment trends that is publicly available.

Employer Information Report EEO-1 (EEO-1) data is collected by the EEOC from private employers with 100 or more employees and federal contractors with 50 or more employees. EEOC Explore allows users to analyze employment trends and search this aggregate data by sex, race, ethnicity, location and industry sector.

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On Nov. 30, 2020, the U.S. Department of Labor (DOL) issued two opinion letters to help employers understand how to comply with the Fair Labor Standards Act (FLSA) overtime wage payment requirements for piece-rate and agricultural employees.

Opinion letters provide the DOL’s official position on how labor and employment standards apply in specific situations.

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As the COVID-19 pandemic abruptly changed workplaces, workers’ skills have changed as well.

Job skills were evolving before the pandemic, but it has prompted more change in a much quicker manner. In fact, the number of skills required for a single job is increasing by 10% per year, according to Gartner data. In response, organizations should embrace a dynamic approach to reskilling talent in order to shift vital employee skills and help develop skills as they become relevant and necessary.