February 2021 Stay Current Newsletter

Question of the Month: COVID-19 Testing As an employer, what are my obligations regarding COVID-19 testing for my employees? Under the Cal/OSHA Emergency Temporary Standard (ETS), employers must provide testing in three scenarios.  If there is a potential work-related exposure, employers must offer testing to the employee at no cost during working hours. If any costs are incurred by the employee (mileage, fees for testing) those amounts should be reimbursed by the employer.  If there is an outbreak (three or more positive cases within 14 days at a worksite), employers must provide testing to all exposed employees TWICE: immediately, then again one week later. With this tight turnaround timeframe, employers should have a plan in place to take immediate action in the event of an outbreak.  If there is a major outbreak at a worksite (20 or more positive cases within 30 days), employers must offer testing twice a week to “all employees present at the exposed workplace during the relevant 30-day period” and any employee who remains at the workplace.  We continue to monitor the guidelines. Contact the HR consulting team with questions.

Reminder: New Leave Requirements for California Employers

Last year, Governor Newsom signed a historic piece of legislation that expands the California Family Rights Act (CFRA) and brings changes to almost every employer in the state. Employees that work for a company with five or more employees may now be entitled to up to 12 weeks of job protected leave for their own personal medical condition or to care for a family member with a serious medical condition. Known as SB 1383, this legislation took effect January 1, 2021.  Click here to read more about the requirements.

OSHA 300A Form Posting Requirements

Most employers are required to post the OSHA Form 300A from February 1 – April 30 every year. Employers that are classified with a low-hazard Standard Industrial Classification code or have 10 or fewer employees are exempt from posting. If there were no recordable incidences in the previous year, the summary form must still be posted with zeros. The form should be posted in an area frequented by employees, usually close to the compliance postings.

IRS Updates FAQ’s on Employer Tax Credits for FFCRA Leave

New Guidance Addresses Credit Extension for Leave Granted Voluntarily On Jan. 29, 2021, the IRS updated its frequently asked questions (FAQs) on tax credits available to employers for providing paid employee leave under the Families First Coronavirus Response Act (FFCRA). While the paid sick and family leave requirements of the FFCRA expired on Dec. 31, 2020, the law’s tax credits were extended for employers that voluntarily provide the leave to employees through March 31, 2021. The FAQ updates address this extension. The FFCRA tax credits cover certain costs of the employee leave required by the law: employee wages, health plan expenses allocable to those wages, and the employer’s portion of the Medicare tax related to the wages. Eligible employers may claim the credits on their federal employment tax returns (e.g., Form 941, Employer's Quarterly Federal Tax Return), but they can benefit more quickly from the credits by reducing their federal employment tax deposits. Article republished with permission from HR360.

2021 Compliance Posters

2021 posters have started being distributed! Have you reserved yours yet? Reach out to our team to ensure you are in compliance for the new year.

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