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Employer Tax Credits for Paid Leave Under the American Rescue Plan

Small, midsize, and specific government employers are now able to claim refundable tax under the American Rescue Plan Act of 2021 (ARP). These refundable tax credits reimburse employers for the expenses of providing paid sick and family leave to their employees due to COVID-19. This includes any paid leave taken by employees to receive and/or recover from COVID-19 vaccinations. The ARP tax credits are available for leave from April 1, 2021 – September 30, 2021 and are available to any eligible employer that provides sick and family leave. Below is the information you need to know about eligibility and how employers can claim the credit.

Eligible Employers

Any business with fewer than 500 employees, including tax-exempt organizations, is considered an eligible employer. This also included government employers, with the exception of the federal government and any agency of the federal government not described in section 501(c)(1) of the Internal Revenue Code.

Employers deemed eligible are entitled to tax credits for wages paid to employees for leave taken due to COVID-19. This includes leave taken to receive and/or recover from COVID–19 vaccinations. The ARP tax credits are available for wages paid for leave from April 1, 2021 – September 30, 2021.

Tax Credits Amounts

The ARP tax credits are against the employer’s share of the Medicare tax and they are refundable. This means that eligible employers are entitled to payment of the full amount of the credits as long as it exceeds their share of the Medicare tax.

The credit amount for sick leave is equal to the sick leave wages paid for COVID-19 related reasons for up to two weeks (80 hours), limited to $511 per day and $5,110 in the aggregate, at 100 percent of the employee’s regular rate of pay. The credit amount for paid family leave wages is equal to the family leave wages paid for up to twelve weeks, limited to $200 per day and $12,000 in the aggregate, at 2/3rds of the employee’s regular rate of pay.

Claiming the Credit

To claim credits, eligible employers must report their total paid sick and family leave wages for each quarter on their federal employment tax return, usually Form 941, Employer’s Quarterly Federal Tax Return. Form 941 is used by most employers to report income tax and social security and Medicare taxes withheld from employee wages, as well as the employer’s own share of social security and Medicare taxes.

 Eligible employers can keep the federal employment taxes that they otherwise would have deposited in anticipation of claiming the credits on the Form 94. This includes federal income tax withheld from employees, the employees’ share of social security and Medicare taxes, and the eligible employer’s share of social security and Medicare taxes with respect to all employees up to the amount of credit for which they are eligible.

For eligible employers that do not have enough federal employment taxes set aside for deposit to cover amounts provided as paid sick and family leave wages, the eligible employer may request an advance of the credits by filing Form 7200, Advance Payment of Employer Credits Due to COVID-19. The eligible employer will account for the amounts received as an advance when it files its Form 941, Employer’s Quarterly Federal Tax Return, for the relevant quarter.

Important Compliance Update: FLSA Violations Can Result in Double Damages

Violations of the Fair Labor Standards Act (FLSA) now come with harsher penalties. According to a recent announcement by the US Department of Labor (DOL), when negotiating settlements with employers in violation of the law, they will return to a policy of seeking “double damages.”

Typically the DOL will first attempt to reach a voluntary settlement when an investigation has determined that an employer is in violation of the FLSA. In part with agreeing to pay future wages in accordance with the FLSA, the settlement usually includes paying back wages for two years prior. That said, during the Obama administration, the DOA also sought liquidated damages in the amount equal to the unpaid wages due. These “double damages,” in most instances, effectively doubled the back wages to the employees that were entitled. Under the Trump administration, however, it was announced that in many instances the DOL would not assess any pre-litigation liquidated damages.

Now, the DOL is turning back yet again under the Biden administration. In a bulletin released on April 9th of 2021, the DOL announced that it will in fact return to assessing pre-litigation liquidation damages during any investigations provided that the designated Regional Solicitor (RSOL) agrees with the request. Alternatively, if the RSOL determines the matter to be not appropriate for litigation or the employer under investigation presents credible evidence of a good-faith defense, the DOL will not assess liquidated damages.

What Employers Must Know About Employee Mental Healthcare in 2021 and Beyond

Every year, the US spends $3.8 trillion on healthcare. What’s more, 90% of this goes to caring for chronic conditions. In an effort to reduce costs, improve the quality of life for their employees, and improve employee retention, for years, employers have shown support for five major chronic conditions: high blood pressure, diabetes, lack of physical activity, obesity, and smoking. These chronic issues cost employers an estimated $36 billion annually. Therefore, making advances towards addressing these issues can result in a significant impact financially. This is more important than ever because – the inconvenient truth is –  that $36 billion is only expected to increase.

The pandemic revealed many issues facing employers. Among them is employee behavioral health. While behavioral health has often been ignored by employers, it’s all but certain that it will emerge as a sixth vital chronic care condition. With all of the challenges brought on by the pandemic, it’s no surprise that employees are reporting higher levels of stress, anxiety, and depression than ever before. Research shows that the pandemic could result in a 50% increase in behavioral health issues. This would mean that one-third of all Americans would be in need of care in 2021 and is projected to cost an additional $100-140 billion this year alone. 

With healthcare costs on the rise, the list of conditions growing larger, and the increasing demand for a remote workforce, many employers are turning to technology for solutions. With a growing list of mobile apps that offer guidance for cognitive behavioral therapy in a market that is rapidly expanding, tech solutions are more available than ever before. Here are a few considerations that employers need to be making as they address these new issues:

Behavioral Health is a Chronic Condition

It can no longer be ignored. Behavioral health issues are at an all-time high with 67% of Americans reporting to have increased stress levels in 2021. This comes with a significant financial impact. The global economic losses related to behavioral health are estimated at $16.3 trillion between 2011 and 2030, almost equal to that of cardiovascular disease and surpassing other chronic conditions. In addition, research shows that employees with these behavioral health conditions spend roughly $6,500 more annually than employees without.

Regardless of the growing awareness of this critical issue, studies revealed that there is a looming disconnect among employers. When asked to rank chronic conditions by importance, only 33% ranked behavioral health as being a significant concern, putting it seventh on the list overall. Meanwhile, diabetes was ranked number one for 61% of employers surveyed, despite the fact that data shows behavioral health to have a significantly higher impact financially. In a recent study, research showed that behavioral health conditions cost employers $17 each year per employee in disability wage replacement costs. The next most costly chronic condition is diabetes, costing employees $2 each year per employee. In another study, research showed that lost productivity for those experiencing behavioral health issues cost employers roughly $109 per employee, compared to those with diabetes, costing employers $9 per employee.

With the knowledge of the financial and personal impact that behavioral health conditions have on both employers and employees, employers need to identify solutions for the most prevalent diagnoses. As mentioned above, the solution may be found in tech for chronic care management. Studies have revealed that digital screenings, teletherapy, and digital CBT tools are effective for mitigating both symptoms and costs. Additionally, providing care early on has a significant impact, with the average cost for employees taking leave for a mild form of a condition like depression can be up to 52% lower than the average cost for a severe form of that same condition.

Traditional vs Modern Solutions

A recent analysis of the digital app space showed that there were roughly 300,000 health-related apps available for download on mobile devices. This market is projected to grow to over $230 billion in value by 2023. While new tools are welcomed and many of them show promise, the swift expansion of digital options can make it difficult to know which tools are worth utilizing. It is important that employers are thorough when selecting which tools they will use as it is likely that the more mature digital solutions will become the most robust and engaging tools, ultimately, making them the most effective.

That said, the focus of employers is to find a singular solution. In a recent study, research showed that 71% of employers said that a singular digital solution to behavioral health management was of high importance. The same is true for enterprise-level solutions, with each solution promising mitigated chronic conditions, optimized personal management, and a decrease in employer healthcare costs.

However, regardless of these solutions, the disintegrated nature of behavioral health management creates a significant challenge for employers. The single-issue solutions struggle to have widespread engagement among employees which has a significant impact on the long-term success of their adoption. Studies show that 47% of employers attribute lack of employee engagement as the main obstacle to the adoption of digital solutions. Another study revealed that engagement rates for health insurer’s behavioral health management programs were only 13% on average.

This is why it is important for employees to prioritize more mature digital solutions. The next few years are likely to see many large consolidations as the more mature solutions buy out the single focus tools, creating more robust solutions that deliver better returns. By sticking with more mature solutions, employers will see more engagement as the market and the tools within it grow.

Prevention Over Cures

The obvious real return on behavioral health solutions is that they are positive for both employers and employees. Not only do they improve the health and well-being of employees, but that, in turn, improves the employer’s bottom line. In a recent study from Harvard, research showed that effective workplace wellness programs resulted in a return of $2.37 for every dollar spent on average. Emerging tech solutions help treat behavioral health conditions in ways that were unimaginable before. Teletherapy can connect employees to licensed practitioners with just one click. While they might be costly upfront, immediate returns shouldn’t be the primary focus of employers. The long-term reduction in the cost of behavioral health treatments, drugs, and therapy will undoubtedly result in healthier, loyal employees.

Digital management solutions provide an opportunity to make a significant and real change for your employee’s mental well-being. While it’s easy to be discouraged by growing healthcare costs and troubling statistics on American mental health, now is the appropriate time to provide your employees with a comprehensive behavioral health management solution. In doing so, you will be making progress towards a healthier workforce and a brighter future for all.

The trajectory of behavioral healthcare might be daunting and more unpredictable than ever before, however, digital solutions bring promise. These tools not only help improve the health of your employees, but they can also have a positive impact on costs, retention, and resilience. Employers that embrace the behavioral health concerns, seek out a singular solution, and focus on long-term employee health will be better equipped to handle the issues of rising healthcare costs and the evolving needs of their employees.

Employee Fraud, Waste, and Abuse During the Time of COVID-19

The COVID-19 Pandemic, which began over a year ago, has changed the workplace in many ways. Some of these changes have been for the better, such as reduced office space overhead for employers. Other changes have been for the worse, like employee isolation, mental illness, and low team morale.

One alarming trend that has been shown in recent reports is that employee fraud, waste and abuse have increased during the COVID-19 Pandemic.

In this post, we’ll discuss this trend in detail. Specifically, we’ll cover:

  • Reports show employee fraud, waste, and abuse have increased during COVID
  • How This Trent Relates to the Fraud Triangle
  • What Employers can do to Combat this Trend

Reports Show Employee Fraud, Waste, and Abuse have Increased During COVID

A recent report by the risk mitigation technology firm Oversight reveals that instances of employee fraud, waste, and abuse have increased during the pandemic.  This report specifically describes such instances in terms of spending and purchasing.

According to the report, overall purchasing activity has decreased during the pandemic. This is probably due to reduced revenue and uncertainty about the future of many industries as a result of the world-altering year of 2020. However, the report also found that:

  • Spending risk has nearly tripled in the last year. A comparison between 2019 and 2020 shows travel and expenses decreased by 55%, but violation rate increased by 29%.
  • Out-of-pocket expenses that are considered to be “risky” have increased. Starting in March of 2020, they increased as high as 120% of what they were before the pandemic. One potential explanation for this spike is that many workers had to pay to set up virtual workspaces out-of-pocket. Reimbursements for this type of expenses are complex and inherently carry a lot of risk.
  • Two other risky expense categories are “miscellaneous” and “mail/phone orders.” These two expense categories accounted for a greater portion of overall spending in 2020. The potential issues with these categories are obvious when considering the vagueness of expenses that are classified as “miscellaneous” and the ease of abuse with expenses classified as “mail/phone orders.”

Although the report we’ve referenced in this post only discusses financial abuse in terms of purchasing and expenses, it’s easy to consider how other forms of business fraud, waste, and abuse may have increased during the last year. In the following section, we’ll explore these causes.

How This Trend Relates to the Fraud Triangle

Organizational behavior experts have historically explained workplace fraud, waste, and abuse in terms of the “Fraud Triangle.” The Fraud Triangle presents three factors that heavily influence whether an employee will engage in behavior that could be considered fraudulent, wasteful, or abusive. The three elements in the fraud triangle are:

  1. Opportunity
  2. Pressure
  3. Rationalization

Let’s take a moment to consider each of these elements as they relate to working remotely during the pandemic. For the purposes of this section, we’ll refer to “fraud, waste, and abuse” simply as, “fraud.”

Opportunity

Employees are more likely to engage in fraud when the there are many opportunities to do so. Generally speaking, whenever there is less supervision over employees, there will be more opportunities for fraud. Fewer interactions with management and supervisors may cause an employee to feel like they will be able to get away with fraud more easily.

This presents a problematic dilemma for employers in the era of remote workers. With employees potentially scattered all over the country, how can an employer properly make sure employees are not wasting resources or participating in other abusive or fraudulent behavior?

Pressure

As we’ve explained in recent posts, employees are experiencing more stress now than ever before. This is especially true for younger workers who are working remotely. Uncertainty about the future can be a primary cause for this stress.

If employees feel worried about the future, those feelings will likely coincide with feelings of added pressure to care for themselves and their families. The fear of being laid off or experiencing other employment hardships could cause employees to make rash decisions to engage in fraud to help them mitigate perceived financial risk.

Rationalization

The third and final element of the fraud triangle is rationalization. Just like fear of an uncertain future can make an employee feel added pressure to commit fraud, the same fear could make them try to rationalize their fraudulent decisions.

For example, consider an employee who uses company money to purchase a personal item. The employee might say to themselves, “This has been a hard year for me and my family. I’ve had bad luck. I deserve this item. It’ll help me be a better employee in the long run, so it’s no big deal that I spent company money on it.”

What Employers Can Do to Combat This Trend

After reading the previous sections about the fraud triangle and trends related to fraud, waste, and abuse trends in the workplace, you may find yourself concerned about the status of your workforce. Managing these unique and unprecedented circumstances is no easy task. Consider the following tips:

  • Make sure you are regularly checking in with your employees, especially if they are working remotely. Every employee should have a short phone call or virtual meeting with their immediate supervisor at least once a week, if not more. The more often they touch base with you about their projects and other priorities, the less likely they will be to seize an opportunity for fraud.
  • Do everything you can to reduce stress for your employees. Talk with your company’s health care provider and your HR staff to make sure mental health options are available for your employees. Provide perks such as gym reimbursement or exercise incentives to help your employees relieve stress in healthy ways. Doing so will reduce the chances of employees committing fraud due to pressure or rationalization.
  • Don’t be afraid to consider installing monitoring software on your employees’ computers to catch certain types of fraud, waste, or abuse. However, you’ll want to be fully transparent about this practice. If you decide to implement a new software to help the company reduce fraud, make sure employees are involved in that decision process and help them understand how it is for the good of the company.

Key Takeaways

The COVID-19 pandemic has created opportunities, pressure, and rationalization for employees in the modern workplace to commit acts of fraud, waste, and abuse. Data provided by leading risk mitigation firms shows that this is certainly the case for purchasing fraud. A thoughtful consideration of the “Fraud Triangle” makes it easy to see how other aspects of fraud are more common now as well.

To help reduce the chances of fraud in their workplace, employers should consider doing the following:

  • Make sure you are regularly checking in with your employees.
  • Do everything you can to reduce stress for your employees.
  • Don’t be afraid to consider installing monitoring software on your employees’ computers to catch certain types of fraud, waste, or abuse. However, involve your employees in this process. 

What Employers Need to Know About the American Rescue Plan

The $1.9 billion relief bill, known as the American Rescue Plan, has passed Congress and will
head to President Joe Biden for a signature. Highlights of the bill include extended
unemployment benefits, direct checks to individuals and more.


While some of the bill was changed during its time in the Senate, it’s largely similar to the
initial version passed by the House. However, some key provisions, such as a higher minimum
wage, were scrapped amid efforts to pass the bill swiftly.


This article outlines the most relevant provisions included in the bill.


SMALL BUSINESS ASSISTANCE
The bill invests billions toward small business assistance. Here is the current funding
breakdown:
-Emergency Injury Disaster Loan program: $15 billion
-New grant program for bars and restaurants, specifically: $28 billion
-Paycheck Protection Program: $7.25 billion


DIRECT PAYMENTS
Just like the two other COVID-19 relief bills passed during the pandemic, this version also
features direct payments to Americans. This time around, eligible recipients can expect
$1,400 per person ($2,800 for couples), including adult dependents—a family of four could
receive up to $5,600.


However, payment parameters are stricter this time around than with the previous direct
payment. The full amount will go to individuals earning under $75,000 (or $150,000 for
couples), with payments cut off entirely for individuals earning over $80,000 (or $160,000 for
couples). Individuals earning an amount between those figures will receive a reduced sum.


UNEMPLOYMENT AID
The bill extends two previously established pandemic unemployment assistance efforts: the Pandemic
Unemployment Assistance Program and the Pandemic Emergency Unemployment Compensation
program. Unemployed gig workers, freelancers, contractors and others who previously qualified for aid
will continue to be eligible under these programs. The financial assistance provided by these two
programs is currently set to expire in mid-March, which pressured legislators to act quickly.
The bill also provides for enhanced unemployment assistance payments of $300 per week. Under the bill,
these programs and their financial aid are extended through Sept. 6.


HOUSING ASSISTANCE
The bill sets aside billions in financial aid to homeowners and renters. Here is the funding breakdown:
-Aid for emergency rental assistance: $22 billion
-Aid for mortgages, utilities and property taxes: $10 billion
-Aid to states and localities to help individuals at risk of becoming homeless: $5 billion


EMERGENCY PAID LEAVE
The Families First Coronavirus Response Act (FFCRA), signed into law on March 18, 2020, required certain
employers to provide employees with paid sick leave or expanded family and medical leave for specified
reasons related to COVID-19. That requirement expired Dec. 31, 2020.


The American Rescue Plan maintains the status quo, in that it does not require employers to offer leave
under the FFCRA framework. However, the bill does provide tax credits for employers that voluntarily
provide leave under the FFCRA framework through the end of September 2021.

AID TO SCHOOLS AND CHILD CARE
A significant portion of the relief bill involves aid to states, including schools and child care facilities:
-Aid for getting K-12 schools ready for in-person learning: $125 billion
-Money may be used for purchasing protective equipment, improving ventilation systems
and hiring support staff. However, 20% of the money schools receive must be used to
address pandemic learning loss—for example, extending learning time into the summer.
-Aid for colleges: $40 billion
Institutions will be required to spend at least 50% of their allocated funds on emergency
financial aid grants to students.
-Child care provider assistance: $39 billion
-Funds may be used for payroll, rent, protective equipment and other expenses.


TAX CREDITS
The relief bill provides an overhaul of the child tax credit for the 2021 tax year. The bill increases the
amount of the credit to $3,000 for each child under the age of 18 and $3,600 for children under the age
of 6. The credit will also become fully refundable, meaning low-income individuals would receive the
benefit.


The bill also expands the earned income tax credit for individuals without children. The maximum credit
will be nearly tripled, and eligibility will be expanded as well.


HEALTH INSURANCE
The bill subsidizes private health insurance premiums for unemployed workers through the Consolidated
Omnibus Budget Reconciliation Act (COBRA). The provision allows individuals eligible for COBRA insurance
coverage to maintain their employer-sponsored coverage after losing employment without having to pay
any portion of the premiums through the end of September 2021.


Additionally, the bill invests nearly $35 billion in premium subsidy increases for those who buy coverage
on the ACA Marketplace. The bill increases the subsidies provided to currently eligible individuals, and
removes the 400% federal poverty level cap (equal to approximately $51,000 for an individual) on subsidy
eligibility.


AID TO STATES, LOCAL GOVERNMENTS, TRIBES AND TERRITORIES
The bill provides billions in financial assistance to states, local governments, tribes and territories. Here is
the current funding breakdown:
-Aid to state and local governments: $325.5 billion
-Aid to tribes and territories: $24.5 billion
-Creation of the Coronavirus Capital Projects Fund, to carry out capital projects directly enabling
work, education and health monitoring: $10 billion


WHAT’S NOT IN THE BILL
A minimum wage hike of $15 per hour—one of the most discussed provisions from the initial bill—has
been removed from the final version due to strict rules governing budget bills in the Senate. Some
Democrats have suggested this provision may be considered as a standalone bill, but any movement on
that front remains to be seen.


Additionally, the bill does not include an extension of the eviction moratorium, which is set to expire on
March 31, or an expansion of mandated paid sick and family and medical leave. While neither were
included in the original House bill, these were popular provisions contained within one of the previous
bills.


SUMMARY
While there are many complex provisions in this nearly $2 trillion relief bill, Launchways is here to help
employers make sense of everything. Reach out with questions about how this new bill may affect your
organization.

Eight Employment and Labor Changes to Expect in 2021 and 2022

Businesses were already expected to acclimate to rapidly changing regulations and workforce demands, and the COVID pandemic has heightened those expectations even more. This has led many business owners to wonder what additional changes are on the horizon. The recent change in presidential administration has also led many employers to consider how prepared their organization is for impending legislation.

In this post, we’ll cover some anticipated changes employers may encounter over the next two years in the worlds of labor and employment. The specific changes that we’ll discuss include:

  • Expanded Occupational Health and Safety Administration (OSHA) Enforcement
  • Federal Minimum Wage Increases
  • Labor Management Reporting Disclosure Act Persuader Rules
  • Expanded Equal Employment Opportunity Commission (EEOC) Reporting Requirements
  • Temporary OSHA COVID Rules and Guidance
  • Paid Sick Leave Changes
  • Removal of Key Trump Regulations
  • Return to the Obama-era FLSA White-Collar Exemption

Expanded OSHA Enforcement

Under Trump’s presidency, the number of OSHA audits, inspections, penalties, and overall enforcement personnel decreased from year to year. As is the case for many Trump-era regulations, this trend is likely to reverse under President Biden. You can expect Biden to direct OSHA to hire more enforcement personnel, and to conduct more inspections. With more inspections, you can expect OSHA to be handing out more penalties as well. These increased inspections will be related to COVID as well as other occupational safety concerns.

Federal Minimum Wage Increases

President Biden has long been a proponent of a higher federal minimum wage – specifically $15/hr. This increase, which would more than double the current $7.25 federal minimum wage, will face an uphill battle of legislation. However, incremental increases over the next several years may be agreed on through a compromise across party lines, so employers should start preparing for this very real possibility.

Another minimum wage order that Biden has already issued is to direct his administration to start working on a $15 minimum wage for all employees of federal contractors. His plan is to implement this executive order within the first 100 days of his presidency. Examples of such contractors include cleaning and food service employees.

Labor Management Reporting Disclosure Act Persuader Rules

Towards the end of the Obama Administration, the Department of Labor revised the Labor Management Reporting Disclosure Act (LMRDA) “persuader” disclosure rules. Although these revisions never took effect, their intention was to broaden the scope of companies and individuals that had to file LMRDA disclosure paperwork. This would have removed the “advice” exception, which held that consultants or attorneys who only provided advice to employers (not directly persuading them) were not required to file disclosures under the LMRDA. Biden is very likely to try to make this revision again and reinstate the revised persuader rules.

Expanded EEOC Reporting Requirements

Your organization should begin preparing to track and report on wage and salary data based on race and gender. The EEOC under President Biden will most likely implement new reporting requirements to improve pay equality in the United States.

Temporary OSHA COVID Rules

One of President Biden’s first executive orders, which he signed on January 21, 2021, was to direct OSHA to provide new guidance to employers to help them improve workplace safety during the ongoing COVID-19 Pandemic. OSHA responded quickly to this order and issued new guidance on January 29, 2021.

This guidance can be summarized into the following themes:

  • Hazard assessments
  • Measures to limit the spread of COVID-19
  • Isolation or separation measures of infected workers from the workplace (physical distancing, installing barriers, or staying home)
  • Use of personal protective equipment
  • Improvements in ventilation, hygiene, and sanitation measures
  • Industry specific guidelines.

Paid Sick Leave Changes

Biden has long been an advocate of 12 weeks of annual paid family and medical leave. However, experts are skeptical about the feasibility of such legislation. Last year, Congress approved two weeks of paid emergency FMLA leave. This new paid leave might push some Republican senators to warm to the idea of providing further paid leave.

Removal of Key Trump Regulations

Since day one of his administration, President Biden has been rolling back or removing some key Trump regulations. Examples include:

  • Withdrawing Trump-era Department of Labor opinion letters on the topics of tip pooling and employee classification.
  • Freezing the independent contractor rule. Under this rule, it was easy for employers to classify “gig economy” workers as independent contractors.
  • The Department of Labor under President Biden will most likely roll back Trump’s tip pooling regulations and revert back to the former rules. The former rules do not allow “back-of-the-house” workers, like restaurant kitchen staff for example, to participate in tip pools.

Return to the Obama-era FLSA White-Collar Exemption

Under President Obama’s Fair Labor Standards Act regulations (FLSA), the salary below which workers are entitled to overtime was raised to $47,476. Trump lowered this amount back down to $35,308. Employers can expect that during the Biden Administration, this amount will increase back up to Obama levels, or potentially even higher.

Key Takeaways

Employers can expect many changes over the next two years in the worlds of employment and labor. Most of these changes are a result of the recent change in presidential administration. President Biden will be reversing many of the regulations and executive orders that President Trump put in place. Many of these changes will bring back Obama-era regulations, although there will be some differences.

The most important changes that employers can expect fit into these categories:

  • Expanded Occupational Health and Safety Administration (OSHA) Enforcement
  • Federal Minimum Wage Increases
  • Labor Management Reporting Disclosure Act Persuader Rules
  • Expanded Equal Employment Opportunity Commission (EEOC) Reporting Requirements
  • Temporary OSHA COVID Rules and Guidance
  • Paid Sick Leave Changes
  • Removal of Key Trump Regulations
  • Return to the Obama-era FLSA White-Collar Exemption