Employment
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2020 Qualified Plan Cost of Living Increases, 2020 Social Security Taxable Wage Base
On November 6, 2019 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. All of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2019-$19,000 2020-$19,500 …
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Sara Ackermann presentation at Mfg First Expo
My practice is dedicated to helping business owners and HR professionals work through some pretty sticky employment issues. Although there is not much I have not seen, employee behavior never ceases to amaze me. With the evolution of marijuana and CBD legalization, it is going to get even more interesting. For the latest information on how to ha…
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It’s a Bird - It’s a Plane - It’s the Final Overtime Rule!!!
The long wait is over. Today, the U.S. Department of Labor confirmed the final rule on the overtime “white collar” exemptions. Effective January 1, 2020, the minimum salary level for exempt workers will be $684 per week ($35,568 annualized). As you may remember, in 2015, the DOL attempted to increase the exemption to $913 per week ($47,476 annua…
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2020 HSA Contribution Limits are Announced
Today the IRS announced the HSA limits for calendar year 2020. Hard to believe we are already talking 2020, especially after a Memorial Day weekend in Wisconsin where the air conditioning and furnace were both needed. As you long for summer, look forward to slightly higher limits in 2020, as set forth in the chart below. HSA/HDHP Requireme…
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OSHA Pulls Back on Electronic Reporting Rule
The Occupational Safety and Health Administration (OSHA) has partly pulled back on its controversial requirement that certain employers electronically file injury and illness data with OSHA. Last week, OSHA announced that employers with 250 or more employees no longer need to electronically submit information from their OSHA 300 forms (the Log of …
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Increased Gasoline Prices Lead to Increase in Optional Standard Mileage Rates for 2019
The Internal Revenue Service has announced the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses for 2019, and the increased rates reflect the increase in the fixed and variable costs of operating a vehicle. Effective January 1, 2019, the optional standard mileag…
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October OSHA News in Brief – New Interpretation on Drug Testing and Safety Incentives, Targeting Employers Using Form 300A Data, and Limiting Inspection Warrants
Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits employers from retaliating against employees for or discouraging them from reporting on-the-job injuries and illnesses. OSHA had…
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2019 Qualified Plan Cost of Living Increases, 2019 Social Security Taxable Wage Base
On November 1, 2018 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. The vast majority of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2018-$18,500 201…
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Attendance at Work May Not Be An Essential Function of a Job
There have been a lot of court cases over the years that have acknowledged that attendance at work is a critical (and logical) essential function of someone’s job. A recent decision by the Sixth Circuit Court of Appeals has raised a caution about this conclusion. In its decision, the Court of Appeals reversed a summary judgement granted to Wooste…
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Employee Use of Company E-mail May be Protected from Company View
Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held that a company that has issued a policy, stating that private use of company e-mail is not confidential, will allow the company…
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Recent Decisions Support Requirements for Working Extra Hours
Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate reason for such requirement. In two cases, the federal courts have acknowledged that overtime can be considered an “essential …
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Yes, Employees Can Be Required to Behave Civilly and Reasonably
The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules. The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which types of handbook rules are acceptable and which will merit greater scrutiny. Significantly, the memo instructs NLRB regional …
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2019 HSA Contribution Limits Are Announced
If it seems like the IRS just announced the 2018 limits, you are not mistaken. Just over a month ago the IRS declared a do over for the 2018 limits, see The IRS Says Never Mind - You Can Have Your Higher HSA Limit! With the arrival of 90 degree temperatures in Wisconsin, it is apparently time to think New Year’s Eve, and the new 2019 HSA limits! …
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"Ban the Box" Legislation Expands – What should Employers Do?
We have seen a recent expansion of “Ban the Box Legislation” which prevents employers from asking information about the arrest or conviction record of an applicant for a position. Some legislation prevents employers from conducting criminal background checks on applicants until a final selection has been made and a final candidate is being conside…
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The IRS Says Never Mind – You Can Have Your Higher HSA Limit!
I previously blogged about how unusual it was for the IRS to implement a retroactive change to a previously announced limit. As you may remember, the $6,900 limit on HSA contributions for a taxpayer eligible for a family high deductible health plan (HDHP) previously announced May 4, 2017 was reduced on March 5, 2018 to $6,850, retroactive to Janua…