Consultstu LLC provides
fractional HR support to small/mid businesses. We develop and deliver customized solutions to meet each companies' budget and needs. Our team will support your HR needs, keep you in compliance and share new trends and solutions. Stay up to date with the latest HR, risk management, safety, recruiting and benefit news.
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19.6% rate increase proposed, FL work comp rates
Rate increase due to costly Florida Supreme court decisions
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Florida businesses will likely be paying more for workers' compensation coverage very soon. In response to a recent decisions from the Florida Supreme Court, the National Council on Compensation Insurance (NCCI) filed an amended rate proposal, asking for a 19.6 percent rate increase with the Florida Office of Insurance Regulation (OIR). The rate increase will be discussed at a public hearing on August 16.
It is the first rate filing from NCCI, which files on behalf of 260 Florida workers' comp insurers, since the Florida Supreme Court struck a devastating blow to the state's workers' compensation system.
Read more. To justify the increase, NCCI also pointed to a June 9 ruling that held the 104 week statutory limitation on temporary total disability benefits was also unconstitutional.
In late April, the Florida Supreme Court invalidated the attorney fee statute contained in the work comp statute.
Read more about the Castellanos decision.
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Department of Labor increases fines and penalties
Various agencies will have higher civil money penalties after August 1
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WASHINGTON DC - 6/30/16 - "Civil penalties should be a credible deterrent that influences behavior far and wide," said U.S. Department of Labor Thomas Perez. "Adjusting our penalties to keep pace with the cost of living can lead to significant benefits for workers and can level the playing field responsible employers who should not have to compete with those who don't follow the law."
OSHA and Wage and Hour penalties will be increasing over 70% for civil penalties issued after August 1. The Department of Homeland Security will also adjust penalties for H-2B violations.
Read the press release.
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OFCCP updates Sex Discrimination rule
Final rule becomes effective on August 15, 2016
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Washington DC - On June 14, 2016, the Office of Federal Contract Compliance Programs announced publication of a final rule that sets forth the requirements that covered contractors must meet under the provisions of Executive Order 11246 prohibiting sex discrimination in employment. This final rule updates sex discrimination guidelines from 1970 with new regulations that align with current law and address the realities of today's workplaces. Two subjects - (1)
transgenders must be allowed to bathrooms consistent with the worker's gender identity; and (2) contractors must offer extra bathroom breaks and light-duty assignments, to a
pregnant employee who needs such accommodations because of pregnancy or childbirth.
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| Unlawful strength test leads to $1.8M in back wages
Gordon Food Service settles charge of gender based hiring discrimination
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In May 2016, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) sought enforcement action against a
federal food service contractor that allegedly systematically discriminated against 926 qualified women seeking entry-level warehouse laborer jobs.
Gordon Food Service, Inc. of Wyoming, MI will pay a total of $1.85 million to female applicants, hire 37 female applicants and stop using a strength test that OFCCP found to be discriminatory. Why did OFCCP allege discrimination? During investigation period, the use of a "strength test" resulted in 6 females hires, while nearly 300 males were hired.
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| Use of Medical Cannabis added to Florida law
Legislature approves dispensing of marijuana under new rules
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Tallahassee, FL - On July 1, when the new Florida laws took effect, one of the rules covered medical cannabis.
What was legalized? The definition of "Medical use" was expanded to include not only low THC cannabis but also
medical cannabis. A "qualified patient" means a resident of Florida who has been added to the compassionate use registry by a physician licensed under chapter 458 or chapter 459 to receive low-THC cannabis or medical cannabis from a dispensing organization. A qualified patient will receive not more than a 45-day supply and a cannabis delivery device needed. Dispensing organizations will be approved by the state, as the qualified patient list grows. So, even before the November referendum on medical marijuana, the Florida legislature added it to existing Florida statutes.
Read the entire law here.
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How to Tell Someone is Lying in a Job Interview
Liars are good at coming across truthful - but actions may give them away
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When detectives are interrogating a suspect, they start with a set of non-threatening questions and observe the suspect's baseline behavior when answering. Then, they move to a difficult set of questions and observe changes in behavior that are indicative of deception.
In the first set of questions, the potential employee will more than likely tell the truth. Then comes the hard part.
Do they pause, avoid eye contact, blink too much, move their feet, touch their face, or act like their thinking with the latter set of questions?
Read more.
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Did you receive a CMS letter for Data Match project?
Requirement to submit group plan health plan report to IRS/SSA/CMS
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Many employers have been receiving a letter from the Centers for Medicare & Medicaid Services (CMS) seeking information about the health coverage of Medicare beneficiaries. Employers are required to visit the CMS Data Match Secure website and register, so that responses to annual data match questionnaire can be submitted online. If you received a letter and need assistance, please contact Stuart Charlson.
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Thank you for reading our HR newsletter. We strive to provide you with trending information to assist with compliance, prevent costly HR mistakes, control HR cost and improve overall employee satisfaction with HR and safety.
Sincerely,
Stuart Charlson, JD
HR for Business - ConsultStu, LLC
Fractional HR Services for Growing Businesses
Advisor on "Unbundling" HR services
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Disclaimer/Reminder
This newsletter does not constitute legal advice or legal services, and is solely provided for informational purposes only.
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