Download the PDF version here.
The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces the Family and Medical Leave Act (FMLA), which enables workers to take time off for mental health treatment for themselves or to care for family members. The WHD provides educational materials to assist in FMLA compliance along with the following new resources (released in May 2022) for workers, their advocates, employers, and their representatives:
The WHD website provides more information about the FMLA and other laws it enforces.
DHS Ending Temporary Policy for Form I-9 Identity Documents
Beginning May 1, 2022, the Department of Homeland Security (DHS) is ending its temporary Form I-9 policy that allows employers to accept List B documents that expired on or after March 1, 2020.
DHS adopted the temporary policy in response to the difficulty of renewing documents during COVID. Since then, document-issuing authorities have reopened or provided alternatives to in-person renewals. Starting May 1, 2022, employers must return to only accepting unexpired List B documents.
If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, you need to update their Form I-9 by July 31, 2022, as follows:
Remote Form I-9 Document Inspection Flexibility Extended Until October 31, 2022
DHS has once again extended the policy that provides employers with flexibility related to in-person Form I-9 document inspection. This latest extension is in effect until October 31, 2022.
In March 2020, DHS began providing flexibility to certain employers who were hiring fully remote workers due to COVID by suspending the in-person Form I-9 document inspection requirement. This policy has been extended several times.
You can read the extension announcement here and keep an eye on this page for additional Form I-9 news.
On April 29, 2022, the IRS released the 2023 Health Savings Accounts (HSA) and high deductible health plans (HDHPs) inflation-adjusted amounts:
This applies to all HDHPs regardless of whether they’re for essential health benefits.
These amounts are different from the Affordable Care Act (ACA) maximum out-of-pocket limits for 2023 (released by the Department of Health and Human Services in December 2021) for non-grandfathered health plans, which are:
Unlike the HDHP out-of-pocket maximums, the ACA out-of-pocket maximums apply to in-network essential health benefits.
On May 23, 2022, the Supreme Court of California ruled in Naranjo v. Spectrum Security Services that extra pay for missed breaks is considered wages under Cal. Lab. Code §§ 203 and 226 and must be:
According to the court’s analysis, “California law requires employers to provide daily meal and rest breaks to most unsalaried employees. If an employer unlawfully makes an employee work during all or part of a meal or rest period, the employer must pay [them] an additional hour of pay.” This additional hour is the extra pay for missed breaks (missed-break premium) the court addressed and determined to be reportable and payable as wages under §§ 203 and 226.
The court continues: “Although the extra pay is designed to compensate for the unlawful deprivation of a guaranteed break, it also compensates for the work the employee performed during the break period. The extra pay thus constitutes wages subject to the same timing and reporting rules as other forms of compensation for work.”
Subsequently, finding the missed-break premium pay as wages subject to California Labor Code’s timely payment and reporting requirements supports § 203 waiting-time penalties and § 226 wage statement penalties, and employers can now be penalized for not reporting them on paystubs or paying them upon termination.
On May 12, 2022, the West Hollywood City Council approved amendments (Ord. No. 22-1180 summary) to and regulations for the city’s minimum wage and leave ordinance. Some changes include:
The new regulations also discuss:
The city’s website provides more information.
No reporting to discuss for June
No reporting to discuss for June
8/1 – Form 5500 Deadline (calendar year plans)
8/1 – Form 941 Filing Deadline (second quarter)
8/1 – PCORI Fee Deadline
8/1 – VETS-4212 Filing Open (federal contractor)
Lighthouse HR Support (LHRS) provides practical human resource information and guidance based upon our knowledge and experience in the industry and with our clients. LHRS services are not intended to be a substitute for legal advice. LHRS services are designed to provide general information to human resources and/or business professionals regarding human resource concerns commonly encountered. Given the changing nature of federal, state and local legislation and the changing nature of court decisions, LHRS cannot and will not guarantee that the information is completely current or accurate. LHRS services do not include or constitute legal, business, international, regulatory, insurance, tax or financial advice. Use of our services, whether by phone, email or in person shall indicate your acceptance of this knowledge.