When unexpected natural disasters, such as Hurricane Sandy, impact an employer’s ability to operate business as usual, employers are faced with last-minute decisions to close all or part of their operations or otherwise modify work schedules. An initial consideration for all employers is whether the employer has an obligation to pay its employees if they are unable to work due to the event.
Courtesy of Jackson Lewis LLP
UnitedHealthcare (UHC) will be making some changes to their Advantage Pharmacy Drug List (PDL) effective January 1, 2013. The biggest update is that Lipitor will not be a covered medication effective 1/1/13. All members who are currently on this drug will recieve a letter from UHC.
If you are currently covered under a UHC medical plan and are taking Lipitor, you should consult your doctor regarding alternative medications that will be covered under your UHC medical plan.
Contact our office for a full list of the PDL changes that will take affect in January.
As the presidential election approaches, do you know if you are required to give employees time off to vote?
There are no federal laws requiring companies to give time off from work to vote, however a majority of states do have rules designed to ensure employees can make it to the polls on Election Day.
In Florida, there is no general law requiring time off for employees to vote. However, an employer may not discharge or threaten to discharge an employee for voting or not voting.
Please contact our office for a list of specific state voting laws for all 50 states.
The Department of Labor’s (DOL) prior set of forms for the Family and Medical Leave Act (FMLA) expired at the end of 2011. Most employers expected that the DOL’s newer forms, which can be found here, would comply with the applicable laws. Unfortunately, the DOL’s new FMLA forms, which state that they are valid through February 28, 2015, do not comply with the Genetic Information Nondiscrimination Act (GINA).
Although GINA generally prohibits employers with 15 or more employees from requesting or requiring “genetic information” from an applicant or employee, there is a safe harbor for employers who inadvertently recieve genetic information in response to a lawful request for for medical information, such as for FMLA purposes.
Employers who lawfully request medical information from a health care provider for FMLA certification purposes should include the following recommended “safe harbor” language found in the GINA regulations when making a request:
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of employees and their family members. In order to comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information” as defined by GINA , includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
Employers who use this language and still recieve genetic information from a health care provider will be deemed to have recieved the information inadvertently.
Employers should realize that they cannot always rely on government forms. Employers should add the GINA “safe harbor” language to any requests for medical information under the FMLA in order to avoid potential liability for GINA discrimination claims. The failure to do so leaves an employer at risk for possible discrimination under GINA, depending upon the type of information recieved in response to such a request.
As the 2012 presidential election nears, employers must brace themselves for a spike in political banter and talk in the workplace. With social and political issues such as healthcare reform and same-sex marriage on the forefront, political tensions are almost certain to flare in the coming weeks.
Employers have finally been given some guidance on how to be removed from OSHA’s Service Violator Enforcement Program (SVEP). On August 16, 2012, a memo was issued by the Department of Enforcement Programs (DEP) detailing the removal criteria for the SVEP. This removal process has not been clear since the implementation of the program in June 2010.
Did you know you are required to annually inform employees of their rights under the Women’s Health & Cancer Rights Act (WHCRA) and Newborns’ and Mothers’ Health Protection Act (NMHPA)? Are you currently satisfying this requirement?
Contact us today for a sample notice to distribute to employees.
Florida’s minimum wage is currently $7.67 per hour. Beginning January 1, 2013, Florida’s minimum wage will increase to $7.79 per hour, which is a 1.5% (or $0.12) increase from the current minimum wage.
Employers of “tipped employees” who meet eligibility requirements for the tip credit under the Fair Labor Standards Act (FLSA) may count tips actually received as wages under the FLSA. The employer, however, must pay “tipped employees” a direct wage. Effective January 1, 2013, the new minimum wage for tipped employees should become $4.77 per hour plus tips.
Florida law requires a new minimum wage calculation each year on September 30, based on the Consumer Price Index (CPI). If that calculation is higher than the federal rate (which is currently $7.25 per hour), the state’s rate would take effect the following January.
The state is scheduled to release a press release soon confirming these rates for January 1, 2013. We will provide an updated Minimum Wage Notice for Employees is released by the state.
Our payroll stuffer this month will focus on the important topic of Breast Cancer Awareness. It covers topics imporant to your employees such as:
For the full version of this document, please contact luann@visitaag.com.
Thank you.
The topic for this month focuses on the current healthcare landscape and the role of wellness in the near future.
Did you know? Chronic diseases related to lifestyles account for 75% of national medical costs. Eleven separate studies by the CDC suggest that worksite wellness programs can produce significant improvements in employee health.
What steps is your company currently taking to promote wellness in the workplace?
Please contact us directly for more information.