HR Watchdog

FTC Extends Red Flags Rule Enforcement Deadline ... Again

The Federal Trade Commission has extended the deadline for enforcement of the Red Flags Identity Theft Rule. The new enforcement deadline is June 1, 2010. The deadline was extended at "the request of Members of Congress."

Where to Draw the Line on Halloween Costumes?

Halloween is a time for, let's say, interesting costumes, on occasion. Sometimes, the outfits can push the limits as to what is appropriate.

Take a look at the recent Sacramento Bee article that addresses this revealing topic, featuring California Chamber of Commerce Senior Labor Law Counsel Susan Kemp -- Employers Need to Draw the Line, Somewhere, on Halloween Garb

Employee Withholding Increase Starts Next Week

Just a reminder that, beginning Nov. 1, there will be a 10 percent mandatory increase on employee withholdings, a 0.6 percent increase in supplemental wage withholding and a 1.20 percent increase on wage stock options and bonus payments. This increase was a part of the California budget that was signed by Gov. Arnold Schwarzenegger in late July.

Read our previous blog for more details.

Heat Illness Standard Meeting

California's Division of Occupational Safety and Health (DOSH) recently announced that it will conduct an advisory meeting to discuss revising the state's heat illness standard. The meeting will take place on Nov. 16 at 10:00 a.m. in Oakland.

Mandatory Employment Notices Poster Change

There is a new mandatory change on the EEOC notice in the Employment Notices Poster.

On May 21, 2008, the Genetic Information Nondiscrimination Act (GINA) was signed by the President. On November 21, 2009, employers must begin to comply with GINA.

Last Spring, the EEOC issued regulations for comment. The regulations included a new posting. The comment period is over, but the regulations have not been finalized yet.

On October 22, 2009, the content of the posting was provided by the EEOC as a supplement to the current version of the EEOC poster, dated 8/08. We are providing this supplement to download and post next to the 2009 Employment Poster.

We will update our 2010 Employment Notices Poster with this new required update along with any additional changes from government agencies. You may pre-order your 2010 Employment Notices Poster today.

"No-Match" Rule Rescinded

Back in July, the HR Watchdog blogged that the Department of Homeland Security (DHS) proposed a regulation rescinding the previous administration's 2007 "No-Match Rule," which was blocked by court order shortly after issuance and had never taken effect.

On October 7, DHS published the final rule, rescinding the "No-Match Rule."

EEOC Poster/GINA Question

There have been a number of questions regarding a revised EEOC poster that includes a description of GINA's (Genetic Information Nondiscrimination Act of 2008) applicable provisions. To date, the EEOC has not issued an updated poster that includes information about GINA. To date, the EEOC has not indicated when the new poster will be released for employers to use.

We will continue to monitor this close and post updates as soon as they become available.

U.S. DOL Releases Interim Final GINA Regs

On October 7, the U.S. Department of Labor released interim final regulations, implementing Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA contains two titles:

• Title I addresses the use of genetic information in health insurance, for which these regulations apply.
• Title II prohibits employment discrimination based upon genetic information. Proposed regulations implementing Title II were noticed by the Equal Opportunity Commission (EEOC) back in March of this year. However, the EEOC has not issued the final regulations.

The DOL interim regulations go into effect December 7, 2009. Comments are due on or before January 5, 2010.

Flavoring Chemical Regulations Out for Comment

If you've been following this blog, you will notice that the Government is hard at work proposing numerous regulations that will impact a broad range of employers. On October 1, California's Division of Occupational Safety and Health and the Cal/OSHA Standards Board finally (two years in the making) issued proposed regulations aimed at controlling exposure to a flavoring chemical called diacetyl. The proposed regulations are ground breaking to the extent they are "a first-in-the nation" regulatory proposal.

The proposed regulations impose a number of requirements on employers that use the chemical in the workplace.

The comment period ends on November 19, 2009.

Only One Month to Employee Withholding Increase

Just a reminder that, beginning Nov. 1, there will be a 10 percent mandatory increase on employee withholdings, a 0.6 percent increase in supplemental wage withholding and a 1.20 percent increase on wage stock options and bonus payments. This increase was a part of the California budget that was signed by Gov. Arnold Schwarzenegger in late July.

For self employed or independent contractors, there is an accleration of estimated tax payments for tax year 2010. The first payment of 30 percent of estimated taxes (which already has been paid) did not change, but the second payment increases from 30 percent to 40 percent, the third payment decreases from 20 percent to 0.0 percent and the final payment increases from 20 percent to 30 percent.

Make sure you consult with your payroll provider and/or tax specialist to ensure you are prepared to comply with these requirements. Your employees will likely have questions that are best answered by people who work in the area of payroll withholding