The ETC HR and Compliance Blog

The prospect of corrective action or termination makes a lot of managers nervous. That’s understandable. For employees, being disciplined or losing their job can be anything from moderately embarrassing to financially devastating, but it’s rarely a happy occasion. For the employers, these actions always come...

For businesses in the “gig”, “on-demand” or the boldly insidious name of “sharing” economies, the U.S. Dept. of Labor (DOL) delivered an early Fair Labor Standards Act (FLSA)  Christmas gift wrapped in the form of an opinion letter.

The Texas Senate recently unanimously passed legislation to formally change the Texas Insurance Code to harmonize it with the Qualified Small Employer Health Reimbursement Arrangements authorized in the federal 21st Centuries Cure Act passed by Congress in 2016.  By doing so, the legislation also conforms...

A&E Tire pays $60,000 to settle sex discrimination lawsuit; Denver, CO. A&E offered a job to Egan Woodward but did not hire him after learning he was transgender.  Woodward checked the box “female” on his background screening paperwork.  A&E rescinded his offer and hired someone else. ETC...

Even with video conferencing and messaging apps, fully involving remote employees in team and company meetings remains a challenge. There may be no replacing the experience of being physically in the room, but you can take steps to make these meetings more productive and inclusive....

By Alicia J. Haff Partner, ETC Companies Alicia@ETCtracking.com “In enacting the Affordable Care Act, Congress targeted the individual and small group markets to ensure that individuals with pre-existing conditions like cancer or diabetes could purchase or maintain comprehensive coverage.   In those markets, the ACA curtailed discrimination in premiums...

The U.S. Dept. of Labor announced a proposed rule on April 1, 2019 to revise the rules regarding joint employment under the Fair Labor Standards Act (FLSA). Joint employment is when two or more entities share responsibility (liability) for employees. The Notice points out that there has been no meaningful change in the regulation since 1958 and that the previous administration attempted change at a sub-regulatory level.

Applicable Large Employers (ALEs) have now learned exactly how serious the IRS was that they comply with the Section 4980H of the Affordable Care Act, (AKA the employer mandate) as the infamous IRS 226J letters arrived in employer’s mailboxes during the past many months. The penalties...

For the 2015 and 2016 tax years, the IRS has been using Letter 5699 to notify employers it suspects of being an ALE that did not distribute and file Forms 1094-C/1095-C. The IRS appears to be relying on the number of Forms W-2 filed to identify potential ALEs. Any employers who receive this letter from the IRS should act quickly to respond or risk penalty exposure for failure to furnish and file form under IRC Sections 6721 and 6722.
Should employers review their policies and practices in light of the proposed upcoming FLSA overtime changes? Reclassified employees may have to follow procedures and policies that didn’t apply to them before—or that you didn’t have. Changing habits can be a challenge, but changing those of your formerly exempt employees with respect to hours worked and tracked is critical to preventing wage and hour violations.