2015 has flown by and all indications show that 2016 is going to speed by just as quickly. Now is the time to make sure you’ve updated your 2016 schedule to make sure you don’t miss any important compliance dates and/or HR administration deadlines. Additionally, there are some key items to keep your eye on for the New Year.
Here are some key Human Resources action items:
HIRING: A number of states and municipalities have adopted “ban the box” laws prohibiting employers from inquiring about an applicant’s criminal history until after a job offer has been extended. If you happen to operate in one of those areas, make sure your applications have been updated to remove that information from them. This is also a good time to review your interview process and protocols and retrain hiring managers on the legal issues surrounding what they may and may not ask during an interview.
POLICIES & PROCEDURES: Employee handbooks and company policies should be reviewed and updated annually to reflect any changes that need to be made relative to new laws or court rulings. For example, to reflect court and agency rulings made in 2015, our non-discrimination policies should include a statement that the company does not discriminate based on sexual orientation or gender identity. Similarly, most handbooks include policies stating that we’ll make reasonable accommodations for disabilities. Does your handbook also include a statement that the company will make reasonable accommodations for religious reasons?
TAXES (including payroll taxes) THROUGHOUT 2016: A calendar tool available from the Internal Revenue Service (IRS) will keep you on track to make sure you don’t miss a tax deadline. The IRS provides convenient tools for businesses and self-employed individuals to ensure they don’t miss a tax deadline. This tax calendar can be access through the website or you can download an app to your mobile device.
OPEN ENROLLMENT: Depending on when your insurance contract(s) renewal, you’ll want to make sure your insurer or broker has provided you with rate and plan change information at least six to eight weeks prior to the renewal of your plan. This gives you an opportunity to evaluate other insurance options before distributing information to your employees that will enable to them to make changes to their insurance elections.
PERFORMANCE MANAGEMENT: Whether your organization reviews employees on their anniversary dates or on a set date during the year now is the time to make sure your performance evaluation and performance management tools have been updated to reflect the organization’s mission, vision and goals. This is also the time to schedule training for supervisors to teach them how to properly complete the performance evaluation form and the importance of coaching employees on a regular basis throughout the year.
BUDGETING FOR HR ACTIVITIES: Budget for all of the various HR-related activities that will occur during the year. This includes pay increases, accounting for pay and benefits for new additions to staff anticipated in the next fiscal year, pension/retirement plan contributions, legal fees for HR-related matters, salaries & benefits for the HR Department, employee relations activities (picnics, holiday parties, etc.), risk management activities (workers’ compensation, safety, security, etc.), training & development activities for managers, supervisors and employees, etc.
JANUARY
January 1
- Post your new state’s Minimum Wage Poster if applicable
- Certain Federal contractors and sub-contractors will need to insure they are paying employees at least $10.10 per hour.
January 31
- Distribute W-2 documents to employees (all employers)
- Distribute a statement to employees regarding the health care coverage provided in the previous calendar year. Employers may use Form 1095-C to communicate this information. (NOTE: This requirement applies to employers that had, on average, at least 50 full-time employees (including full-time equivalent employees) during the preceding calendar year. Full-time employees are those who work, on average, at least 30 hours per week. Small employers with fewer than 50 full-time employees and equivalents will be required to file Forms 1095-C and 1094-C if they are members of a controlled or affiliated service group that collectively has at least 50 full-time employees and equivalents.
Distribute a notice to employees encouraging them to schedule their vacations now so that the company has an opportunity to plan for their absences throughout the year.
Schedule a time during the year to conduct anti-harassment training for both employees and supervisors.
FEBRUARY
February 1 – Post your OSHA 300A Log (Summary of Work-Related Illness and Injuries) from February 1 through April 30 (NOTE: Employers with fewer than 10 employees and those in certain industries may be exempt from this posting requirement) https://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf
February 28 – Submit Form 1095-C to the IRS. (May submit to the IRS by March 31 if filing electronically)
SEPTEMBER
September 30
- All employers with 100 or more employees and any Federal contractor or subcontract with 50 or more employees and $50,000 per year in contracts must submit a completed EEO-1 Survey to the federal government no later than September 30.
- Federal contractors and subcontractors must submit a completed Vets Form 4212, which replaced Forms 100 & 100-A in 2015, by September 30.
OCTOBER
October 15 – Employers with group health insurance that provides prescription drug coverage must notify covered employees and dependents whether or not the coverage provided is considered “creditable” by the Centers for Medicare & Medicaid Services (CMS) by October 15 of each year. The October 15 deadline coincides with the Medicare D election period. Additionally, employers must submit information to the CMS regarding the status of their prescription drug plan. The CMS website contains additional information, including the form needed to submit information about the organization’s prescription drug plan to them.
Many states announce their new minimum wage rates for the next year in October. Visit the website for the state agency which announces the minimum wage rates each year to obtain the new rate for next year and download any appropriate poster that may need to be updated by January 1.
NOVEMBER
Review handbook and performance review forms in preparation for the New Year.
DECEMBER
Distribute your holiday schedule for 2017 to employees.
ANTICIPATED FOR 2016: 2016 is expected to be a big year for HR.
- New Affordable Care Act reports that are due in early 2016. Reports must be distributed to employees by January 31 and then submitted to the IRS by February 29 (March 31 if filing electronically).
- There is a continued push in many states and municipalities to increase local minimum wage rates to at least $10.10 per hour and in some cases to $15 per hour.
- With the recent rules allowing union elections to be held much quicker, it’s anticipated that there will be an increase in union activity. Even if the organization hasn’t had union activity in the past, it is recommended that employer be proactive in training supervisors and managers about the National Labor Relations Act and how to recognize potential union activity.
- Expect updated Form I-9 to be issued in 2016. The United States Citizenship & Immigration Services (USCIS) has issued proposed changes to the form. The public has until January 25, 2016 to submit comments on these changes.
- The U.S. Supreme Court is hearing a number of employment-law related cases during their 2015-2016 session. This includes lawsuits regarding the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act.
- Because 2016 is such a critical election year, expect to see a flurry of activity from the Department of Labor as well as the introduction of numerous employment laws in both houses of Congress. Although it is unlikely the bills introduced in Congress pass both chambers, it is a good idea to keep your eye on these bills to see where the next area of employment laws will focus.
Employment laws and their interpretations continue to evolve. EAF helps its members stay up-to-date with HR-related law changes and trends. If you aren’t already a member, join our association today so that you don’t miss any important employment law changes! If you would like additional information please contact [email protected] or 407-260-6556
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