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.  

HR Compliance Bulletin header image The Centers for Disease Control and Prevention (CDC) has issued guidance on the elements of consent and disclosures necessary to support employee decision-making when employers incorporate workplace COVID-19 testing.

Differences in position and authority (such as workplace hierarchies), as well as employment status in nonstandard working arrangements (e.g., temporary help, contract help or part-time employment) can affect an employee’s ability to make free decisions. This guidance suggests measures employers can take when developing a testing program.    

HR Compliance Bulletin header image

On Dec. 29, 2020, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2020-7, which addresses when the DOL will consider electronic posting by employers (by email, or an internet or intranet website) sufficient to provide employees with required notice of their statutory rights under a variety of federal labor laws.

The Bulletin was issued in response to employer questions about the use of electronic means to post notices under the following laws, as more employees work remotely due to the COVID-19 pandemic:

HR Compliance Bulletin header imageThe U.S. Department of Labor’s (DOL) final rule on defining and delimiting the exemptions for executive, administrative, professional, outside sales and computer employees (EAP employees) became effective Jan. 1, 2020. Among other things, the final rule updated the standard salary level employees must satisfy to qualify for an overtime exemption.

The final rule also allows employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of the standard salary level if these payments are made at least on an annual basis. To enable compliance with the nondiscretionary bonus option, the final rule allows employers to make a “catch-up” payment at the end of each 52-week period. This Compliance Overview explains how this provision can be used.