Compliance Updates – October 12, 2021

Voluntary Benefits –

Blurb: The key to keeping top employees? Consider offering voluntary benefits. Learn how to give your workers power over their health care and financial decisions.

U.S. Department of Labor Raises Labor Law Posting Penalties

As of last month, September 2021, the Equal Employment Opportunity Commission (EEOC) issued a final rule that increases the maximum penalty for an employer that fails to post, or improperly posts, the “EEO is the Law” poster. These notices are included within the federal and state labor law all-in-one posters provided by PrestigePEO.

As all employers should be aware federal regulations require the U.S. Department of Labor (DOL) to adjust its penalties for inflation each year. As such, the maximum penalty is now over $36,000.00. Employers will remain compliant if they make sure to conspicuously display up-to-date labor law posters in common viewing areas within their worksite location(s).

Florida Business Reporting Requirement

Governor DeSantis signed into law Senate Bill 1532 effective October 1, 2021. This new bill requires Florida businesses to submit information regarding newly hired independent contractors who are paid $600 or more per calendar year for services rendered, in the course of their trade or business, to the Florida Department of Revenue. Previously, the reporting on the use of independent contractors by a business was optional.

 

The reporting, which may be completed electronically, is required within 20 days of the first payment to the independent contractor or on the date in which the business and independent contract entered into a contract together, whichever occurs first.

 

 

Massachusetts COVID-19 Emergency Paid Sick Leave Extended

 

On September 29, 2021, an Act extending COVID-19 Massachusetts Emergency Paid Sick Leave was signed into law. Two modifications include:

 

  • An extension of the program until April 1, 2022, or until the exhaustion of $75 million in program funds, whichever is earlier
  • Effective October 1, 2021, employees are permitted to use this leave to care for a family member who needs to obtain a COVID-19 vaccination or recover from a COVID-19 vaccination

Employers must continue to offer employees leave time for qualifying reasons related to COVID-19. It is important to note, employees who have already used their 40-hour entitlement will not be entitled to any additional leave under the statute. The law does not address how many times an employee can take leave but there is a cap with respect to the total hours (40) they may take.