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According to the National Conference of State Legislatures, 38 states have adopted more than 100 Artificial Intelligence (AI) laws. Many of these laws focus on child exploitation, deepfakes, privacy, and how the technology should be used.  Several states who have not yet adopted laws are looking into doing so. The Equal Employment Opportunity Commission (EEOC) … Continued

The Health Insurance Portability and Accountability Act (HIPAA) provides a special enrollment period which allows employees who have previously waived health coverage to enroll for coverage outside of the plan’s open enrollment period. This is called special enrollment. Employees and dependents who waive coverage due to other group health coverage and then lose that coverage can enroll in … Continued

The Fair Labor Standards Act (FLSA) requires that an employee may not be employed for more than 40 hours in a workweek without receiving at least one and one-half times their regular rate of pay for any hours worked above 40 hours in a workweek.  The term “employed” is defined as time an employee is … Continued

If you are an employer defined as an Applicable Large Employer (ALE), you should begin to plan for submitting the required 1094/1095-C forms to the IRS. ALEs are companies who average 50 or more full-time or full-time equivalent employees (FT/FTE).  This is determined each calendar year and is based on the average size of an … Continued

Over the past 10 years, the Equal Employment Opportunity Commission (EEOC) has reported a significant increase in retaliation claims from the private sector, making it the most common type of discrimination claim filed. Job applicants and employees who assert their rights to be free from employment discrimination and harassment are engaging in a “protected activity”. … Continued

Employers with group health plans offering prescription drug coverage must provide Medicare Creditable Coverage and/or Non-Creditable coverage notices each year in September and no later than October 15th (or at least once in every 12-month period, especially if there is a change in plans or carriers).  These notices must be provided to all Medicare-eligible employees and dependents on the … Continued

Do your supervisors, managers and hiring personnel know that Title I of the Americans with Disabilities Act (ADA) mandates employers provide reasonable accommodations to qualified applicants? During the hiring process, employers are mandated to provide reasonable accommodations to applicants with known disabilities unless doing so would cause the employer an undue hardship. Reasonable accommodation is defined … Continued

As part of the “One Big Beautiful Bill” (OBBB), effective January 1, 2026, there will be a permanent increase to the annual contribution limit for Dependent Care Assistance Plans (DCAP), also known as Dependent Care Flexible Spending Accounts (Dependent Care FSA).  As many of you know, these types of plans are employer-sponsored benefits which allow employees to set money aside on a … Continued

Effective March 11, 2024, the Wage and Hour Division of the Department of Labor (DOL) revised its guidance on how to analyze whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).  Here are some indicators: Employee Working for someone else’s business Generally, can only earn more by … Continued

In the United States, it is reported that 1 in 4 adults suffer from mental health disorders in a given year.  Mental health disorders may qualify for job-protected leave under the Family and Medical Leave Act. Here are some examples: Can an employee experiencing anxiety use FMLA?  Anxiety is a chronic condition if it requires … Continued