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Utah Compliance Connection - November 23

November 1, 2023

Federal Compliance Update

Biden Signs Executive Order Addressing AI (Artificial Intelligence)

President Joe Biden issued an executive order (EO) on Oct. 30, 2023, to establish standards for artificial intelligence (AI) safety and security, protect privacy, advance equity and civil rights, and advocate for consumers and workers. It also seeks to promote innovation and competition and advance American leadership around the world while ensuring responsible and effective government use of AI.

The executive order builds on previous actions to drive safe, secure and trustworthy development of AI. 

Directed Actions

The EO seeks to build on the voluntary commitments of 15 leading companies by:

  •  Requiring developers of the most powerful AI to share their safety test results and other critical information with the U.S. government.
  •  Developing standards, tools and tests regarding AI’s safety, security and trustworthiness.
  •  Protecting against the risks of using AI to engineer dangerous biological materials.
  • Protecting against AI-enabled fraud and deception by establishing standards and best practices for detecting AI-generated content and authenticating official content.
  • Establishing an advanced cybersecurity program to find and fix critical software vulnerabilities.
  • Ordering the development of a National Security Memorandum on AI use and security

The EO also seeks to address privacy concerns by calling for the passage of bipartisan data privacy legislation and directs actions to prioritize federal support for accelerating the development and use of privacy-preserving techniques. It calls for action to strengthen privacy-preserving research/technologies and privacy guidance for federal agencies, develop guidelines for federal agencies to evaluate the effectiveness of privacy-preserving techniques, and evaluate how agencies collect and use commercially available information.

To advance equity and civil rights, the EO directs actions to provide clear guidance to landlords, federal benefits programs and federal contractors; address algorithmic discrimination; and ensure fairness in the criminal justice system. In support of workers’ rights, the EO calls for actions to develop principles and best practices, produce a report on AI’s potential impacts on the labor market, and study and identify options for strengthening federal support for workers facing labor disruptions.

In the pursuit of innovation and competition and advancement of American leadership, the EO directs action to catalyze AI research; promote a fair, open and competitive AI ecosystem; and expand the ability of highly skilled immigrants with expertise in critical areas to study, stay and work in the United States through existing authorities. The EO directs action to expand bilateral, multilateral and multistakeholder engagements to collaborate on AI; accelerate the development/implementation of vital AI standards; and promote the safe, responsible and rights-affirming development and deployment of AI abroad.

To ensure responsible and effective government AI use, the EO directs action to issue guidance for agencies’ use of AI, help agencies acquire specified AI products and services, and accelerate the rapid hiring of AI professionals. The White House states the administration will work with allies and partners to govern the development and utilization of AI.

Qualified Transportation Fringe Benefit Limits to Increase in 2024

The IRS has released Revenue Procedure 2023-34, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2024 taxable year, along with annually adjusted numbers for 2024 for other tax provisions. The combined monthly limit for transportation in a commuter highway vehicle and a transit pass will increase to $315 in 2024, up from the 2023 limit of $300.

The monthly limit in 2024 for qualified parking will also increase to $315 from $300.

Qualified Transportation Fringe Benefits

Internal Revenue Code Section 132(f) allows employers to offer qualified transportation benefit programs to their employees on a tax-free basis.

Under these programs, employees may have money withheld from their taxable compensation to pay for or reimburse work- related expenses for qualified parking, transit passes and transportation in certain commuter highway vehicles (e.g., qualifying van pools).

Employers may also provide these benefits tax-free to employees.

Section 132(f) establishes a maximum monthly amount of qualified transportation benefits employees may exclude from their income, subject to cost-of-living adjustments announced by the IRS before the beginning of each calendar year.

Both employee pre-tax salary deferrals and employer-paid benefits, if any, count toward the maximum amount.

No Tax Deduction for Employer

Beginning in 2018, the Tax Cuts and Jobs Act of 2017 eliminated the employer tax deduction for qualified transportation benefits. The employer deduction is disallowed regardless of whether the benefits are paid directly by the employer, through a bona fide reimbursement arrangement or through a compensation reduction agreement.

More Information

See the IRS News Release for information about the annual inflation adjustments for more than 60 tax provisions, including the qualified transportation fringe benefit.

Federal: DOL Exchange Notice Updated for a Fourth Time

The Affordable Care Act (ACA) requires employers to notify all workers, regardless of their benefits eligibility status, about the availability of the Health Insurance Marketplaces. All employers, with limited exceptions, are required to distribute the notice to new employees within 14 days of hire. The Department of Labor (DOL) provides customizable model notices to inform workers of their health insurance coverage options.

Updated model notices for employers that offer a health plan and that do not offer a health plan are available on the DOL website in English and Spanish.

The model notices have an expiration date of November 30, 2023. The previous versions expired on July 31, 2023, August 31, 2023, September 30, 2023, and October 31, 2023.

State Compliance Update

Nothing to report this month…

Compliance Calendar

December

12/5 – 2022 EEO-1 Component 1 Filing Deadline

12/29 – Gag Clause Prohibition Compliance Attestation (Group Health Plans, insurers, and insurance brokers) – more information, click here.

January

Nothing for this Month

February

2/1 – Deadline for Posting OSHA Form 300A

Disclaimer:

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.

Written By:

Kelly Murphy

Kelly Murphy

Senior HR Business Partner

Kelly brings a wealth of knowledge with nearly 30 years of human resource experience. She provides expertise in various human resource categories, including employee relations, performance management, HR Form creation/review (employee handbooks, job descriptions, etc.), employee/management training, workplace investigations, etc. Her human resource certifications include PHR (Professional Human Resources) and SHRM-PC (Society for Human Resource Management Certified Professional). 

Kelly attended Colorado Mesa University and Waldorf University, where she earned a degree in Human Resource Management and Business Administration with Summa Cum Laude honors. She was named Western Colorado Human Resource Association Professional of the Year, 2013, and currently serves on the Board of Directors. She also is a member of the WCHRA Skills Development Committee, the WCCA Education Committee, and the Members/Events Committee. She serves as an Ambassador for both the Fruita and Palisade Chamber of Commerce.