If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA.

That is why we put together the HR compliance calendar, to bring you an important list of dates and deadlines you need to know to keep your workplace on track.

In this month’s compliance calendar, you will find the key topics to keep your Company up-to-date including employee awareness and required or recommended training.

*NEW: Monthly Compliance Calendar Consultations – As a client of Guardian HR you already know how valuable it is to receive assistance from your dedicated consultant but did you know you also have a compliance consultant available to you as well.  We will review your overall HR practices and procedures and set you up on a 12-month compliance agenda where you will have monthly meetings with your compliance consultant who will help you implement our recommendations. Ask your Dedicated Consultant to get you started with your Compliance Consultant today.  There’s no additional cost.
  • Not applicable to HUB100 or GHR Hotline Clients

Holidays

  • Christmas Eve – December 24
  • Christmas Day – December 25
  • New Year’s Eve – December 31

Important Dates and Deadlines for this Month

December 6

  • For private employers with 100 or more employees covered by the OSHA Emergency Temporary Standard must have the following in place. For clients with access to the Forms Library, references to this section, including sample policies, employee communications, etc. can be found in the folder “CORONAVIRUS” > “Vaccine” >OSHA Emergency Temporary Standards (ETS) for 100+ Employees > Policies, Communications, Survey, and an FAQ list can be found in the > Vaccine > OSHA ETS for 100+ Employers folder. (Note: On November 12, 2021, the 5th Circuit Court of Appeals granted a motion staying the enforcement of the ETS. Further court action is expected in the coming weeks. As a result, OSHA “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” Whether the ETS will ultimately be enforced beginning December 6, 2021, and January 4, 2022, is uncertain but employers should consider continuing preparations to comply with its requirements as preparations may take weeks.)
    • Establish policy on vaccination.
    • Provide support for employee vaccination by providing employees reasonable time, including up to four hours of paid time, to receive each primary vaccination dose, and reasonable time and paid sick leave to recover from any side effects experienced following each primary vaccination dose.
    • Require employees to promptly provide notice of positive COVID-19 test or COVID-19 diagnosis
    • Remove any employee who received positive COVID-19 test or COVID-19 diagnosis
    • Ensure employees who are not fully vaccinated wear face coverings when indoors or when occupying a vehicle with another person for work purposes
    • Provide each employee information about the ETS; workplace policies and procedures; vaccination efficacy, safety, and benefits; protections against retaliation and discrimination; and laws that provide for criminal penalties for knowingly supplying false documentation
    • Report work-related COVID-19 fatalities to OSHA within 8 hours and work-related COVID-19 in-patient hospitalizations within 24 hours
    • Make certain records available for examination and copying to an employee (and to anyone having written authorized consent of that employee) or an employee representative.
    • Ensure employees who are not fully vaccinated are tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer)

 

Topics to Discuss and/or Review

1.Verify employee and contractor names, social security numbers, and addresses are correct.

  • Document any changes in personal employee information in personnel files.
  • Remind employees to submit a new Form W-4 if withholding allowances have changed or will change in the next year (i.e., change in marital status).

 

2. Labor Law Posters Audit (Order if necessary) For clients with access to the Forms Library, Federal, State, and local requirements for required postings are found in the Hiring Folder > New Hire Packs and Documents subfolder by clicking on the applicable State.

  • Are your labor law posters current or are there new posters required for the new year?
  • Contact Guardian HR to submit Labor Law Posters Order.

 

3. Review budget, salary ranges or compensation levels, and allocations for accuracy. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

 

4. Update payroll for new wage rates and/or deductions and confirm payroll schedule for new year. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

  • Verify employee wages, benefits, and deductions.
  • Meet with your payroll team to discuss any changes like tax rates, any changes to employee’s withholding allowances and deductions (e.g., health insurance policy), and make sure to payroll reflects updates.
  • Check State law for minimum wage rates and deduction laws.
  • Check State law for payment of wages regulations and required notices.
  • Check State law for paid leave payroll deductions. For clients with access to the Forms Library, references to this section can be found in the folder, “Paid Leave by State”.

 

5. Check the wage and benefit information for each employee to make sure the Company can account for all wages and benefits the Company has paid them throughout the year, leading up to the final paycheck. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

  • Include all payments for commissions, bonus pay, reimbursements, or anything run outside of the normal payroll (e.g., retro pay).
  • Include handwritten checks and make sure any voided paychecks are accurately recorded throughout the year.

 

6. Issue any year-end bonuses, if applicable. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll > “Bonuses” subfolder.

 

7. Communicate compensation plans to all employees for upcoming year. For clients with access to the Forms Library, references to this section can be found in the folder, “Compensation & Payroll.”

  • Provide effective dates, new classification, promotions, demotions, or any other changes (if applicable), etc.
  • Check State law for required notices regarding any changes in pay.

 

8. Calculate your FTE number for ALE determination (50 full-time equivalent employees). For clients with access to the Forms Library, references to this section can be found in the folder, “Affordable Care Act (ACA).”

  • If an ALE: Prepare for ACA reporting requirements for new year. For clients with access to the Forms Library, references to this section can be found in the folder, “Affordable Care Act (ACA).”

 

9. Review New Hire Applications and be aware of expanding Ban the Box laws. The law prohibits employers from including the checkbox “Have you been convicted of a crime?” on job applications or soliciting certain information prior to offering a position. For clients with access to the Forms Library, see the chart, “Ban the Box Laws by State and Municipality” in the folder “Hiring” in the subfolder “Background check”. For sample application forms, see the Folder, “Application Sample Forms” in the Hiring Folder.

 

10. Review Laws on Salary History Ban. More states, counties, and cities are enacting bans that prohibit employers from requiring an applicant’s wage history, as a part of the application process, and from retaliating against applicants who refuse to provide wage history. For clients with access to the Forms Library, see the chart, “Salary History Inquiry Restrictions by State and Municipality” in the folder “Hiring”

  • Review your hiring process for new candidate applications, guidelines for interviewing, and reference check practices to ensure that you are complying with applicable local laws and regulations.

 

11. Review any changes to minimum wage for upcoming 1/1/2022 date. For clients with access to the Forms Library, see the chart, “Minimum Wage Rates by State and Municipality” in the folder “Compensation & Payroll” > “Compensation and Payroll Information By State Spreadsheets”

 

12. Review any changes to the minimum salary threshold for upcoming 1/1/2022 date. For clients with access to the Forms Library, see the chart, “Minimum Salary Levels for Executive, Administrative and Professional Employees by State” in the folder “Exempt vs. Non-Exempt” in the subfolder “State Specific Guidance”

 

13. Review employee suggestion box (if applicable) and discuss options of new ideas to be implemented the following year. For clients with access to the Forms Library, references to this section can be found in the folder “HR Helpers & Guidelines.”

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators, and/or your ERISA and tax advisors for further guidance.

For the most current information on certain tax-related or benefit-related documents or forms provided by the IRS, or other sources, please check with a tax professional, benefit professional, and/or the correlating websites (i.e. irs.gov/LatestForms, etc.).