Updates: Federal Law Alerts From August 2015

From: Federal Law Alerts

Updates: Federal Law Alerts From August 2015

Annual EEO-1 Survey Now Open

The Equal Employment Opportunity Commission (EEOC) announced that it has completed its mailing of the 2015 EEO-1 survey notification letters and the survey is now open. The EEO-1 is an annual survey that must be filled out by all private employers with 100 or more employees, and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more. The filing deadline is September 30, 2015.

The EEOC’s EEO-1 survey webpage contains reference documents, including sample forms, an EEO-1 Instruction Booklet, Q&As, a Fact Sheet, and the EEO-1 Job Classification Guide.

Visit the EEOC’s EEO-1 Survey Webpage

Appeals Court Restores DOL Regulations Regarding Home Care Workers

On August 21, 2015, in Home Care Association of America v. Weil, the U.S. Court of Appeals for the District of Columbia reversed a decision by the U.S. District Court for the District of Columbia and approved regulations by the U.S. Department of Labor that extend federal minimum wage and overtime protections to home care workers and live-in domestic service employees employed by third parties.

The regulations, which were originally scheduled to go into effect on January 1, 2015, contain several significant changes from the prior regulations, including:

  • The tasks that comprise “companionship services” are more clearly defined.
  • The exemptions for companionship services and live-in domestic service employees are limited to the individual, family, or household using the services.
  • The recordkeeping requirements for employers of live-in domestic service employees are revised.

The regulations are now in full effect.

Read the Fact Sheet on the Regulations

OFCCP Posts New Infographic to Help Veterans Determine Their Status Under VEVRAA

On August 14, 2015, in response to requests from the veteran community, the Office of Federal Contracts Compliance Programs (OFCCP) released a newly developed “Am I a Protected Veteran?” infographic. Recent changes to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) regulations require contractors to invite applicants to voluntarily self-identify as protected veterans at both the pre-offer and post-offer phases of the application process. The new infographic is designed to help veterans quickly and easily navigate the “protected veteran” categories to determine their eligibility for coverage under VEVRAA.

View the Infographic

OFCCP Posts Interactive Section 503 Checklist Tool

On August 12, 2015, the Office of Federal Contract Compliance Programs (OFCCP) released a voluntary, interactive checklist tool devised to help federal contractors assess their compliance with the affirmative action program (AAP) requirements of § 503 of the Rehabilitation Act of 1973.

Developed by the Department of Labor’s Office of Disability Employment Policy in coordination with the OFCCP, the checklist is designed to help contractors assess their compliance by answering a series of “yes/no” questions about their company’s practices and policies.

Contractors are not required to use the checklist, and using it does not ensure compliance with the OFCCP’s § 503 regulations, the agency notes. However, it may help a contractor enhance its awareness of its AAP obligations and alert it to potential compliance problems that may need correction.

View the Checklist

FAQs about ACA Implementation (Part XXVIII)

On August 11, 2015, the Department of Health and Human Services (HHS), the Internal Revenue Service (IRS), and the Department of Labor (DOL) issued FAQs about Affordable Care Act Implementation (Part XXVIII). The release contains a single FAQ letting issuers of nonqualified health plans (non-QHP issuers) and nongrandfathered group health plans know that it intends to propose transparency reporting requirements for them in the future. Those proposed reporting requirements with respect to non-exchange coverage may differ, they say, from recently issued requirements proposed for certain QHP issuers.

View FAQS about ACA Implementation (Part XXVIII)

IRS Health Care Tax Tip 2015-46 – What Employers Need to Know about the ACA

On August 4, 2015, the Internal Revenue Service published IRS Health Care Tax Tip 2015-46. The document contains a table that sets forth what employers need to know about the Affordable Care Act (ACA), based on employer size. Under the ACA, applicable large employers (those with 50 or more employees), generally known as ALEs, must offer their full-time employees and dependents affordable health coverage that provides minimum value.

Read IRS Health Care Tax Tip 2015-46