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Monday
Sep092013

Employers: Affordable Care Act Deadline Approaching

Wage and Hour DefenseEmployee Leave of Absence Claim Defense

by Sue M. Bendavid

818.907.3220

 

NOTE: Per the Department of Labor as of September 13, employers must still comply with the mandates to provide notices as outlined below, but will not be penalized for failure to do so.

by Sue M. Bendavid
September 9, 2013

 

Under the Affordable Care Act (ACA), all employers covered by the FLSA, or Fair Labor Standards Act, are required to provide written notice of health coverage options to their current employees, before October 1st.

   

Employer Lawyer California

 

After that date, employers must provide the same notice to all new employees, whether they are full or part-time workers, when they are hired.

The ACA mandates the following information be provided in the notice:

  1. The existence of a Health Insurance Marketplace or Exchange
  2. Description of the Marketplace's services
  3. Contact information for the Marketplace
  4. Employee's potential qualification for tax credits, if employee purchases a qualified plan
  5. Employee may lose employer contributions, if employee purchases a plan through the Marketplace
  6. Information regarding the employer's health plan or lack of health plan

Employers may find detailed information regarding the notice on the Department of Labor website.

 

Other Requirements of the Notice

 

As mentioned, the ACA notice must be in writing, but it also must be stated in language easily understood by the average employee, free of charge - via first class mail, or electronic delivery.

Employers will not need to provide notice to dependents or other individuals who may become eligible for coverage, if they are not employees.

There are model notices provided by the Department of Labor, in both English and Spanish, for employers who offer a health plan and for employers who don't. Click the ACA Notice to Employees of Coverage Options to access these forms.

As usual, if you have any questions regarding employer compliance for this notice, please contact us.

 

Sue M. Bendavid is an Employer Defense Attorney, and Chair of the Employment Practice Group at our firm. Contact her via email: sbendavid@lewitthackman.com, should you have questions regarding this notice.

 

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.
Thursday
Mar142013

Employers: Use Updated I-9 for New Hires

Employer Lawyers Los Angeles

  

by Sue M. Bendavid & Nicole Kamm
March 14, 2013

 

Editor's Note: A new I-9 manual has been released, which provides information for employers regarding the more obscure procedures involved in completing the updated Employment Eligibility Verification form. Click: I-9 Manual for the pdf version, available on the U.S. Citizenship and Immigration Service website.

 

The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States.

Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers.

Effective 03/08/13:

  • Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications. 

  • Employers may continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013. 

  • After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.

 

English and Spanish versions of the new I-9 form are available on the USCIS website. However, the Spanish version is only for reference; Spanish-speaking employees must still complete the English version of the form.

As a reminder, employers generally must inspect original documents submitted by the employee within three days of hire. It is recommended that copies of the documents and the completed Form I-9 be filed together in a location separate from the employee's personnel file. The I-9 should be retained for three years after termination.

 

Sue M. Bendavid and Nicole Kamm of our Employment Practice Group represent employers in matters of compliance and employee claims. Contact them via email: sbendavid@lewitthackman.com, or nkamm@lewitthackman.com, for more information.

 

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.
Wednesday
Oct242012

Employers: Methods for Computing Commissions Must be Put in Writing

Employment Defense Attorney Los Angeles

 

by Sue M. Bendavid
818.907.3220

 

Beginning January 1st, all companies employing commissioned workers in California must provide written agreements describing the method by which commissions are computed and paid, per Assembly Bill 1396

The new requirement comes from recent legislation which amends the California Labor Code. Formerly, it applied only to out-of-state employers who employ California-based workers. 

Employee CommissionsThe Labor Code defines a commission as compensation paid to any person for services rendered in the sale of such employer's property or services and based proportionately upon the amount or value thereof. 

Since commissions are actually wages, it's important for you as an employer to make sure you pay them correctly and on time, to prevent wage and hour claims. 

 

Avoiding Employee Claims for Unpaid Wages 

 

It is not enough to merely outline how commissions are computed and earned.  As someone who hires commissioned employees, you must describe the calculation methods into a written contract, sign it, and then obtain a signed receipt for the contract from the commissioned employee. 

You should clearly define when a commission is “earned.”  Will your employee earn commission when a sales agreement is signed, when products are shipped, or when the company receives payment from the client for the products or services? 

Make sure you follow the terms of your agreement with your employee. 

 

AB 1396: Other Considerations 

 

The new law affects employers who routinely compensate employees through commissioned pay structures, as well as those who use this method on an occasional or even rare basis. 

Also per AB 1396: 

  • If your commission agreement expires, the terms of your signed agreement will remain in effect until you supersede it, or until the agreement is terminated in writing. 
  • You won't have to include short-term productivity bonuses (i.e. for retail clerks) or bonuses and profit sharing plans as commissions, unless you offer to pay a fixed percentage of sales or profits as compensation for work to be performed. 

This may seem like extra paperwork, but there is some good news for employers, as AB 1396 repeals a Labor Code provision making an employer who violates this section liable for “triple damages.”  Still…to prevent employee claims in the first place, get your agreements in order now, before the New Year. 

Sue M. Bendavid is the Chair of the Employment Practice Group, which defends employers from wage and hour and other employee claims. Email her for more information: sbendavid@lewitthackman.com.

 

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.
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