Colorado Compliance Connection - May 2022

Download the PDF version here.

Federal Compliance Update  

‍Federal: New FMLA Mental Health Resources

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:

• Fact Sheet #28O: Mental Health and the FMLA
• Frequently Asked Questions
• Press Release
• Blog - The FMLA: Essential for Mental Health-Friendly Workplaces

The WHD website provides more information about the FMLA and other laws it enforces.

Federal Form I-9 Rule Flexibilities, One Ending and Another Extended: Compliance Reminder

‍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.

Action Item

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:

• If the employee is still employed, they must present an unexpired document from either List A or List B. If presenting a List B document, it could be a renewed version of the document previously provided, or a different List B document. You should enter the document title, issuing authority, document number, and expiration date in the “Additional Information” field of Section 2, and initial and date the change. USCIS provides an example of how to do this here.
• If the employee is no longer employed, no action is needed.
• If the List B document was auto-extended by the issuing authority so that it was technically unexpired when it was presented, no action is needed.

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.

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Federal: 2023 Inflation Adjusted Amounts for HSAs and HDHPs Released; ACA Out-of-Pocket Limits

On April 29, 2022, the IRS released the 2023 Health Savings Accounts (HSA) and high deductible health plans (HDHPs) inflation-adjusted amounts:

• Annual HSA contribution limitation:

• Self-coverage only: $3,850 ($200 increase from 2022)
• Family coverage: $7,750 ($450 increase from 2022)

• Annual catch-up contribution maximum

• $1,000 for HSA-eligible individuals age 55 or older (unchanged from 2022)

• Minimal annual HDHP deductible:

• Self-coverage only: $1,500 ($100 increase from 2022)
• Family coverage: $3,000 ($200 increase from 2022)

• Maximum annual HDHP out-of-pocket expenses (deductibles, copayments, and other non-premium amounts):

• Self-coverage only: $7,500 ($450 increase from 2022)
• Family coverage: $15,000 ($900 increase from 2022)

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:

• Self-coverage only: $9,100 ($400 increase from 2022)
• Family coverage: $18,200 ($800 increase from 2022)

Unlike the HDHP out-of-pocket maximums, the ACA out-of-pocket maximums apply to in-network essential health benefits.

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State Compliance Update

As the Colorado legislative session wrapped up, several House Bills and Senate Bills passed that employers need to be aware of.  The following is a list (not all inclusive) of legislation that companies might find interesting.  Just click on the Bill to find the official document:

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HB1112 – Workers Compensation

‍HB1244 – Restrictive Employment Agreements (waiting for signature)

‍HB1346 – Electrician Plumber Licensing Ratio

‍HB1350 – Regional Talent Development Initiative Grant Program

‍HB1370 – Coverage Requirements for Health-care Products

‍HB1401 – Hospital Nurse Staffing Standards

‍SB097 – Whistleblower Protection Health & Safety

‍SB140 – Expansion of Experiential Learning Opportunities

‍SB161 – Wage Theft Employee Misclassification Enforcement

‍SB234 - Unemployment Compensation

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Compliance Calendar

‍June

No reporting to discuss for June

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July

No reporting to discuss for June

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August

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)

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