Category: Compliance Bulletin

Compliance Tracker – April

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A | Filing Deadline for Affordable Care Act (ACA) Returns (Electronic Reporting) – April 1, 2024

Applicable large employers (ALEs) and non-ALEs with
self-insured plans must file their ACA returns with the
IRS by April 1, 2024, if filing electronically. Beginning
in 2024, most employers are required to file their ACA
returns electronically.

B | EEO-1 Data Collection Begins – April 30, 2024

Employers with 100 or more employees and certain
federal contractors must file EEO-1 reports with the
Equal Employment Opportunity Commission (EEOC)
each year. The EEOC’s portal for submitting EEO-1 reports
from 2023 is scheduled to open on April 30, 2024.

C | Posting Period Ends for OSHA Form 300A – April 30, 2024

Employers may remove their OSHA Form 300A posting
at any time on or after April 30, 2024. This form, which
summarizes workplace data from 2023, must be posted
from Feb. 1, 2024, until April 30, 2024

View and download the HR Calendar Monthly Reminders

HR Compliance Bulletin: Preparing for the DOL’s New Overtime Rule

In early March 2024, the U.S. Department of Labor’s (DOL) proposed
overtime rule, announced in August 2023, entered its last stage of review.
Publication of the final rule is expected soon. The rule would amend the
requirements that employees in certain white-collar occupations must
satisfy to qualify for an overtime exemption under the Fair Labor
Standards Act (FLSA).

The FLSA white-collar exemptions apply to individuals in executive,
administrative, and some outside sales personnel and computer-related
occupations. Some highly compensated employees (HCEs) may also
qualify for a FLSA white-collar exemption.

For more info, download the latest compliance overview below.

Click here to view and download the latest HR Compliance Overview

HR Compliance Overview: What Employers Should Know About EEO Retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal equal employment opportunity (EEO) laws. Each EEO law listed below covers certain private-sector employers and prohibits retaliation and related conduct. Retaliation occurs when an employer penalizes an employee or applicant for asserting his or her right to be free from discrimination under the EEO laws, including:

  • Title VII of the Civil Rights Act of 1964 (Title VII)
  • The Equal Pay Act of 1963 (EPA)
  • The Age Discrimination in Employment Act of 1967 (ADEA)
  • Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
  • The Pregnant Workers Fairness Act of 2022 (PWFA)

For more info, download the latest compliance overview below.

Click here to view and download the latest HR Compliance Overview

2024 HR Calendar Monthly Reminders

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Between navigating the changing economic environment, addressing new attraction and retention
trends and balancing day-to-day operations, 2024 will likely be a busy and challenging year
for HR professionals. So, now is the time for HR teams to prepare their organizations and employees
for 2024. Creating a calendar of reminders will allow HR professionals to be more organized
and productive throughout the year.

View and download the HR Calendar Monthly Reminders

December HR Compliance Deadlines 2023

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KEY DEADLINES

Dec. 15, 2023—Provide SAR to plan participants (calendar- year plans only) – if Form 5500 deadline was extended Provide an SAR to covered employees by Dec. 15, 2023, if the plan’s form 5500 deadline was extended. In general, the SAR must be provided within nine months of the close of the plan year. However, if the plan’s Form 5500 deadline was extended, the SAR must be provided within two months after the close of the extension period. For calendar-year plans, this extended deadline is Dec. 15, 2023. Plans that are exempt from the annual 5500 filing requirement are not required to provide a SAR. Unfunded welfare plans are also generally exempt from the SAR requirement.



View and download the HR December Compliance Deadlines

November HR Compliance Deadlines 2023

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KEY DEADLINES

COMPLIANCE REMINDERS
As the end of the year approaches, consider taking the following steps to encourage employees to utilize any unused benefits for 2023:



View and download the HR November Compliance Deadlines

October HR Compliance Deadlines 2023

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KEY DEADLINES

Oct. 3, 2023—Provide ICHRA notice for 2024 plan year
(calendar year plans only)
Employers who offer individual coverage health reimburse-ment arrangements (ICHRAs) must provide a notice to eligible employees regarding the ICHRA’s coverage. This notice must be provided at least 90 days before the beginning of each plan year. For ICHRAs that operate on a calendar year basis, this notice must be provided by Oct. 3, 2023, for the upcom-ing 2024 plan year. A model notice is available for employers to use.



View and download the HR October Compliance Deadlines

September Compliance Deadlines 2023

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KEY DEADLINES

Sept. 30, 2023—Provide SAR to plan participants (calendar year plans only) – if Form 5500 deadline was not extended Provide a summary annual report (SAR) to plan participants by Sept. 30, 2023, if the employee benefit plan’s Form 5500 deadline was not extended. The SAR must be provided within nine months of the close of the plan year unless the plan’s Form 5500 deadline was extended. Plans exempt from the annual 5500 filing requirement are not required to provide an SAR. Unfunded welfare plans are also generally exempt from the SAR requirement.



View and download the September Compliance Deadlines

HSA/HDHP Limits Increase for 2023

photo of woman using her laptop

On April 29, 2022, the IRS released Revenue Procedure 2022-24 to provide the inflation-adjusted limits for health savings accounts (HSAs) and high deductible health plans (HDHPs) for 2023. The IRS is required to publish these limits by June 1 of each year.

These limits include:

  • The maximum HSA contribution limit;
  • The minimum deductible amount for HDHPs; and
  • The maximum out-of-pocket expense limit for HDHPs.

Highlights

  • Each year, the IRS announces inflation-adjusted limits for HSAs and HDHPs.
  • By law, the IRS is required to announce these limits by June 1 of each year.
  • The adjusted contribution limits for HSAs take effect as of Jan. 1, 2023.
  • The adjusted HDHP cost-sharing limits take effect for the plan year beginning on or after Jan. 1, 2023.

Important Dates

  • January 1, 2023
    • The new contribution limits for HSAs become effective.
  • 2023 Plan Years
    • The HDHP cost-sharing limits for 2023 apply for plan years beginning on or after Jan. 1, 2023.

Click here to learn more and download the latest Compliance Bulletin

Agencies Issue FAQs on Coverage of COVID-19 Diagnostic Testing

people wearing diy masks

On Feb. 4, 2022, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) jointly issued FAQs (FAQs Part 52) regarding coverage of over-the-counter (OTC) COVID-19 tests.

  • The new FAQs amend the prior guidance on OTC COVID-19 tests to ensure that plans and issuers have significant flexibility in how they provide access to those tests.
  • The Departments provide examples of steps that plans and issuers can take to prevent and address fraud and abuse.
  • The cost of OTC COVID-19 tests can be reimbursed by a health FSA or health savings account (HSA), but not if the cost is paid for or reimbursed by another health plan.

Click here to learn more and download the latest Compliance Bulletin