Monthly Compliance Calendar Alert – Keep Your Company Compliant in January: Tax Season Begins, Employee Handbook Finalization, and Employee Performance Review

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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

  • New Year’s Day – January 1
  • MLK Day – 3rd Monday in January

Important Dates and Deadlines for this Month

January 1

  • Coverage begins for new year health insurance plans for individuals through the Marketplace.

January 10

  • 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.
    • 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 a 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).
  • vigilant of State/local vaccine requirements. For clients with access to the Forms Library references to this section can be found in the folder “CORONAVIRUS” > “Vaccine” in the document, “COVID-19 Vaccination Mandates by State and Municipality” and “COVID-19 Proof-of-Vaccination Prohibitions by State

January 14

Topics to Discuss and/or Review

1.Record retention: Maintain necessary records and purge outdated records. (See laws on I-9 record retention). For clients with access to the Forms Library, references to this section can be found in the folder “United States Citizenship and Immigrations Service (USCIS)” and the folder “Personnel Files.”

2. Finalized Employee Handbook (If applicable). To finalize your handbook, please reach out to your dedicated HR Manager

3. Update all internal resources for appropriate year limits and reporting requirements.

4. Distribute updated Employee Handbook or updates to Company Policies, collect and store Employee Handbook Acknowledgements, and/or contractual agreements in employee personnel files.

5. Review required employee communications for the upcoming year.

  • Certain notices must be available to employees upon request, required by federal, state, or local laws or given circumstances (i.e., COBRA information, statutorily required pamphlets, benefit summaries, etc.). For clients with access to the Forms Library, references to this section can be found in the folder “COBRA.”
  • Post new compliance posters, update required pamphlets and wage orders (if necessary). Feel free to reach out to our sales team at sales@guardian-hr.com for information on how to place an order for the required materials.
  • Check to see what requirements in your City/State has for required notices/employee communications. For clients with access to the Forms Library, references to this section can be found in the folder “Hiring” in the subfolder, “New Hire Packets.” Select your state and see the requirements for posters/notices here.

6. Work with benefits broker to ensure that all filing deadlines for benefits plans and health care reform elements are met (such as quarterly disclosure notices for 401(k) plans, etc.).

7. Review Employee Personnel Documents for upcoming Evaluations. For clients with access to the Forms Library, references to this section can be found in the folder “Performance.”

8. Prepare for employees’ performance evaluations by comparing past evaluations noting the current level of performance, examining the progress made since the last review, and establishing goals for employees’ next review.

9. Determine if any salary increases should be made at this time based on performance, productivity, seniority, and other lawful factors contemplated by the Company.

10. Schedule Annual Performance Evaluations. For clients with access to the Forms Library, references to this section can be found in the folder “Performance” in the “Performance Appraisals, Reviews, and Forms” subfolder.

11. Follow through with Performance Evaluations. For clients with access to the Forms Library, references to this section can be found in the folder “Performance.”

12. Determine if the evaluation was effective (i.e., notice any changes in employee’s work quality or quantity, or any changes in employee’s performance after evaluation.

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.).

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