IRS Crackdowns, Employee Drug Use, and More

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Massachusetts Court Restores $500k Punitive Damages Award for Employer’s Failure to Address Sexual Harassment Complaints

The Massachusetts Supreme Court recently restored a $500,000 punitive damages award after it was determined that the plaintiff’s employer, a local car dealership, failed to properly address reports of sexual harassment. The National Law Review defines punitive damage exposure as “present as soon as an employer knew or should have known about sexually harassing conduct in the workplace”. The National Law Review encourages all employers to investigate all harassment complaints in an unbiased matter, take prompt and effective remedial action if the complaint proves to be true, and to train all managers and supervisors on sexual harassment awareness and prevention.

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IRS the Latest to Target Companies Incorrectly Classifying Employees as Independent Contractors

The Internal Revenue Service (IRS) is the latest government agency to crack down on the improper classification of employees as independent contractors. CBS Moneywatch reports that a small home care services business recently audited by the IRS was determined to be incorrectly classifying all of its workers as contractors, putting the 35 person business on the hook for back federal employment taxes, Social Security taxes, federal unemployment tax, and potentially additional state taxes. CBS Moneywatch reports that the fine imposed by the IRS amounted to more than $2,400 per year for each worker improperly identified as an independent contractor.

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After Years of Decline, Employee Drug Use On the Rise

A recent study conducted by Quest Diagnostics found a “slight” increase in American workers testing positive for illegal drug use. Inc. Magazine reports that of the millions tested last year, 4.8 percent of the general workforce had tests resulting in positive results, and 1.8 percent of “safety-sensitive” employees tested positive for illicit drug use. While the drug testing company has attributed part of this increase to improvements in their detection technology, Inc. says 2015 marks the third consecutive year of increased worker positive drug tests. This comes after a 10 year decline ending in 2012.

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ACA Nondiscrimination Standards Set

On July 18, 2016, the Final Rule of Section 1557 of the Affordable Care Act (ACA) entitled “Nondiscrimination in Health Programs and Activities” went into effect, prohibiting discrimination on the basis of race, color, national origin, sex, age, or disability in certain health insurance programs. Though the Final Rule went into effect earlier this summer, “for those insurance issuers or group health plans that must alter their plan benefit designs based on the Final Rule, the effective date is the first day of the first plan or policy year on or after January 1, 2017.

In order to be in compliance with the Final Rule, there are several actions that covered entities must take, some of which include designating at least one employee to coordinate compliance efforts, developing a grievance procedure, and notifying the appropriate individuals of their rights under Section 1557.

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OperationsInc Named Top Workplace for Fourth Consecutive Year

Human Resources Outsourcing and Consulting provider OperationsInc has been named a 2016 Top Workplace by Hearst Media. This is the fourth time the Norwalk-based firm has been given this honor in as many years.

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LEGAL UPDATE:
New I-9 Form Available Later This Year

The Office of Management and Budget recently announced that a new version of Form I-9 has been approved, and will be posted on the U,S, Citizenship and Immigration Services (USCIS) website within 90 days. From that point, employers will then have a 150 day grace period before they are required to begin using the new form. For the time being, employers should continue to use the form marked with the 3/31/16 expiration date. The new I-9 Form will include more instructions, as well as some features designed to assist employers who will be completing the form in PDF format.

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OperationsInc Newsroom
   Tailoring a Human Resources Strategy to Your Hedge Fund’s Needs – Hedge Fund Legal & Compliance Digest
   Middle-Age Job Loss Can Bring a Heavy Burden – CT Post
   Heading Into Labor Day, Skies Not All Blue for Workers – The Advocate
   Five Key Questions in the Roger Ailes Sexual Harassment Lawsuit – The Hill
   How to Prevent Your Staff From Calling in Sick When They Aren’t – Fast Company
   Human Resources Firm Launches Newly Redesigned and Enhanced Website – OperationsInc
   How to Manage a Negative Employee – Fast Company
   Study: Sick-Leave Law Has Benefits for Businesses – The Hour
   Metrics that Matter – Recruiting Trends
   Is It Ever OK to Quit on the Spot? – The Wall Street Journal
Mark Your Calendar
November 17th – Norwalk, CT
Sexual Harassment Prevention & Awareness Training

Words Affordable Care Act ACA written on a paper.

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Information provided in The OperationsInc Navigator is researched and reviewed by the HR experts at OperationsInc. The information in every issue of The OperationsInc Navigator is in part gathered via information available in the public domain, as well as in part the original, copyrighted work of OperationsInc and is protected under U.S. copyright laws. As such, you may not reprint or publish in any format any article or portion of article The OperationsInc Navigator without the express permission of OperationsInc.

 
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