This morning, the White House announced that OSHA is issuing a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that applies to employers with 100 or more employees ( “covered employers”). The White House summary of the ETS can be found here. The ETS is available here. According to the summary, the ETS will require covered employers to do the following: Get their employees fully vaccinated by January 4, 2022. Require unvaccinated employees to produce a nega

On Oct. 4, 2021, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) issued FAQs addressing rules regarding premium incentives for COVID-19 vaccinations and rapid coverage of preventive services for COVID-19. Premium Incentives for COVID-19 Vaccinations The FAQs clarify that a group health plan (or health insurance issuer offering coverage in connection with a group health plan) may offer participants a premium discount for receiving

On Sept. 9, 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) is developing an emergency temporary standard (ETS) that will require private-sector employers with 100 or more employees to ensure their workforce is fully vaccinated or test negative for COVID-19 every week before coming to work. This announcement follows the vaccination, masking and social distancing requirements issued by the president in July for the public sector—fe

On July 26, 2021, the IRS issued Notice 2021-46, providing additional guidance on the application of the American Rescue Plan Act (ARPA) subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) in the form of 11 questions and answers. The Notice expands on prior guidance issued on May 18, 2021. The questions addressed include: Subsidy availability to individuals eligible for an extension who had not elected it; Whether

On May 18, 2021, the IRS issued Notice 2021-31, a guidance document on the American Rescue Plan Act (ARPA) subsidy for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The Notice discusses the background of the subsidy and includes 86 questions and answers (Q&As) about its application. Among the topics covered by the 40-page Notice are how to calculate and claim the tax credit, including when a third-party payer is involve

The portal for private-sector employers to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020 will open on April 26, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced March 29, 2021. The agency also announced that the deadline for submitting 2019 and 2020 EEO-1 data is July 19, 2021. This data collection was previously delayed due to the coronavirus pandemic. Mandated under Title VII of the Civil Rights Act, the EEO-1 Report i

On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion relief bill containing financial benefits for individuals, businesses, state and local governments and more. Measures of particular interest to employers and employees include the following: Subsidy for COBRA premiums. The subsidy covers 100% of an eligible individual’s COBRA premium from April 1 through Sept. 30, 2021. The subsidy is funded through refundable payroll t

The Biden-Harris administration recently announced several changes to the Paycheck Protection Program (PPP) in an effort to target small businesses previously left behind during the first round of funding in 2020. A summary of these changes are outlined in the linked fact sheet from the White House; and include the following key highlights: Establishes a 14-day, exclusive PPP loan application period for businesses and nonprofits with fewer than 20 employees. Allows sole propr

The U.S. Dept. of Labor (DOL) has issued two additional Q&As about employee leave under the Families First Coronavirus Response Act (FFCRA). Q&A 104 explains that employers are not required to provide employees with FFCRA leave after Dec. 31, 2020, even if an employee did not use all available leave in 2020. However, under the Consolidated Appropriations Act, 2021, employers may voluntarily decide to provide this leave. Employers that voluntarily provide leave can receive tax

Employer Credits Available for Leave Offered Through March 2021 An appropriations bill passed by Congress on Dec. 21, 2020, and expected to be signed into law by President Donald Trump does not extend the paid sick leave and expanded family and medical leave mandates created by the Families First Coronavirus Response Act (FFCRA). These leave requirements expire on Dec. 31, 2020. However, the bill does extend the time limit for employer tax credits for FFCRA employee leave. A

As a follow-up to our latest post, The Equal Employment Opportunity Commission (EEOC) has just released guidance on the responsibilities and rights of employers and employees related to the COVID-19 vaccine. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” (link below) includes a section providing information to employers and employees about how a COVID-19 vaccination interacts with the legal requirements of the t

FFCRA BENEFITS SET TO EXPIRE ON DECEMBER 31, 2020 The Families First Coronavirus Response Act (FFCRA) requires covered employers with less than 500 employees to provide eligible employees with up to twelve weeks of paid leave. As 2020 comes to a close, employers should keep the following in mind: FFCRA leave benefits—including Emergency Paid Sick Leave (EPSL) and Expanded Family and Medical Leave (EFMLA)—were created by a time-limited statutory authority and are set to expire

New Rule Requires Disclosure of Cost-sharing Information On Oct. 29, 2020, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) issued a final rule regarding transparency in coverage that imposes new transparency requirements on group health plans and health insurers in the individual and group markets. The final rule requires plans and issuers to disclose: Cost-sharing estimates to participants, beneficiaries and enrollees through an

The IRS has delayed the deadlines by which employers must furnish 2020 Forms 1095-C and 1095-B in early 2021. For 2020, the furnishing deadline was Feb. 1, 2021, Since Jan. 31, 2021, is a Sunday. The IRS has provided an additional 30 days for furnishing the 2020 Form 1095-B and Form 1095-C, extending the due date from Feb. 1, 2021, to March 2, 2021. The deadline for filing with the IRS under Sections 6055 and 6056 remains March 1, 2021 (since Feb. 28, 2021, is a Sunday), or M

The Small Business Administration announced a simplified Payroll Protection Program (PPP) forgiveness application this week for all loans of $50,000 or less. SBA also eased the burden on PPP lenders, allowing lenders to process forgiveness applications more swiftly. Click here to view the simpler loan forgiveness application. Click here to view the instructions for completing the simpler loan forgiveness application. Click here to view the Interim Final Rule on the simpler fo

On Sept. 24, 2020, President Donald Trump introduced his plan for affordable, high-quality health care, called the America First Health Care Plan. This plan, issued in an executive order, is primarily aimed at protecting people with preexisting conditions and combating surprise medical billing. The executive order directs the Departments of Health and Human Services (HHS), Labor and the Treasury to maintain and build upon existing actions to: Expand options for affordable hea

DEFERRED TAXES MUST BE RECOUPED BETWEEN JAN. 1, AND APR. 30, 2021 On Aug. 8, 2020, President Donald Trump ordered the U.S. Department of Treasury (the Department) to defer collecting certain payroll taxes from wages earned between Sept. 1 and Dec. 31, 2020. On Aug. 28, 2020, the Internal Revenue Service (IRS) issued Notice 2020-65 (the Notice) to provide guidance for affected employers. Employer participation in these deferrals is permitted, but not required. Eligibility for

The Small Business Administration has issued new guidance in the form of FAQs that address some issues related to PPP loan forgiveness. You can view the guidance here or download a copy via the link below. For additional information, contact Thrive PEO - Oklahoma's best Professional Employer Organization at: thrive@thrivepeo.com or (918) 794-2200. #thrivepeo #tulsapeo #oklahomapeo