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Legal Update Header An employee working a “one week on, one week off” schedule who takes 12 workweeks of federal Family and Medical Leave Act (FMLA) leave may be required to return to work 12 weeks later, a federal appeals court has held.

In Scalia v. State of Alaska, the 9th Circuit Court of Appeals found that an employer may count both “on” and “off” weeks against the FMLA leave entitlement of an employee on a rotating schedule. Ninth Circuit decisions apply in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. The opinion was issued Jan. 15, 2021.

News Brief header The Biden administration recently announced a 14-day period of the U.S. Small Business Administration’s (SBA) Payment Protection Program (PPP) when only businesses with fewer than 20 employees can apply for relief.

This period will begin Wednesday, Feb. 24, and conclude on Wednesday, March 10. Biden also announced four other changes to expand the benefits of the PPP program to underserved small businesses, including:

Attraction and Retention Challenges amid COVID-19 header Attracting and retaining talent is often a top priority for HR departments.

Given the effect the COVID-19 pandemic has had on the job market, one might imagine this task is easier than ever. Unfortunately, that’s far from the truth. While there may be more candidates than usual, attracting quality talent and retaining top performers still remains a struggle, worsened by COVID-19 and its effects on the workplace. This article shares some tips for attracting and retaining workers amid the COVID-19 pandemic.

5 telehealth trends to watch header Employers that are interested in cutting their health care expenses are likely familiar with telehealth.

This is the process of communicating with a doctor via an app, or a webcam and computer. During the COVID-19 pandemic, telehealth usage skyrocketed, making it one of the most popular ways to receive health care. As such, employers should stay apprised of notable telehealth trends to ensure they stay competitive and provide the best health care options to their employees. This article discusses five telehealth trends to watch for in 2021.  

Legal Update Header On Feb. 18, 2021, the IRS released Notice 2021-15 to clarify special rules for Section 125 plans, health flexible spending arrangements (FSAs) and dependent care assistance programs (DCAPs).

Temporary Special Rules for Health FSAs and DCAPs

The Notice is intended to clarify the application of special rules for health FSAs and DCAPs provided under the Consolidated Appropriations Act, 2021 (CAA).  

News Brief header The U.S. Food and Drug Administration (FDA) recently released an analysis that found that Johnson & Johnson’s COVID-19 vaccine is safe and effective.

According to the FDA, the vaccine meets requirements for an Emergency Use Authorization (EUA). The vaccine, developed by Janssen Biotech Inc., a subsidiary of Johnson & Johnson, has been found to have 72% efficacy in the United States, while proving less effective in Latin America and South Africa, where a highly contagious variant is behind most new cases. The vaccine has also demonstrated 86% efficacy against severe forms of COVID-19 in the United States, with 82% against severe outcomes in South Africa.

Legal Update Header On Feb. 12, 2021, the Equal Employment Opportunity Commission (EEOC) withdrew two proposed rules it previously issued in January 2021, on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

Overview of the Proposed Rules

These proposed rules were issued in response to a federal court decision that vacated a portion of EEOC regulations describing the incentives that an employer could offer:

Risk Insights header image Sprinkler heads are largely responsible for detecting the presence of a fire at your commercial property and activating the sprinkler system’s water dispersal capabilities—thus suppressing the flames and mitigating damage.

Data from the National Fire Protection Association (NFPA) suggests that effective sprinkler systems can reduce total deaths and property loss from fire incidents by over 65%. However, sprinkler heads must be properly maintained in order to operate correctly in the event of a fire. That’s why it’s important to take steps to ensure the effectiveness of your property’s sprinkler heads and keep them in good condition.  

HR Compliance Bulletin header image Employers must have new employees complete a number of forms before they can begin their employment.

Form W-4 is one of these forms. Form W-4 provides employers the information they need to adequately set up a new employee’s filing status for payroll tax purposes. Form W-4 is published and updated by the U.S. Internal Revenue Service (IRS). On Form W-4, employees can also declare the number of dependents, the tax credits and deductions they intend to claim. While this form is often used for new hires, employees can update the W-4 form they have on file with their employer whenever a change in filing status, dependents or other tax credits and deductions take place.