Overview:
- EEOC increases the monetary penalty for violating notice-posting requirements.
- On May 18, 2021, the IRS released guidance regarding tax relief provided by the "American Rescue Plan Act of 2021" for COBRA-related continuation of health coverage.
- OSHA released new guidance on employer requirement to record adverse reactions to COVID-19 vaccination if the employer requires employees to take the vaccine.
- The Department of Health and Human Services announced, "the Office for Civil Rights will interpret and enforce Section 1557 and Title IX's prohibitions on discrimination based on sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity."
- The CDC provided updated guidance for fully-vaccinated individuals on May 13, 2021, relaxing the recommendations for wearing face masks and social distancing.
Details:
- EEOC increases the monetary penalty for violating notice-posting requirements. The EEOC will adjust the monetary penalty for violating posting requirements from $569 to $576. Not a big change but this serves as a great reminder to check that your Title VII, ADA, GINA and other required postings are up-to-date! The final rule is scheduled for publication in the Federal Register on May 26, 2021.
- On May 18, 2021, the IRS released guidance regarding tax relief provided by the "American Rescue Plan Act of 2021" for COBRA-related continuation of health coverage. As mentioned in the March & April Huddles, Biden signed the “American Rescue Plan of 2021” in March. Even with DOL guidance, the American Rescue Plan Act (ARPA) has left many employers confused as to their responsibilities related to COBRA premium assistance and tax credits. The IRS issued Notice 2021-31 to assist in answering some of the many questions related to ARPA.
- OSHA released new guidance on employer requirement to record adverse reactions to COVID-19 vaccination if the employer requires employees to take the vaccine. On April 20, OSHA released the new guidance in the FAQ section of its website for COVID-19 safety compliance. OSHA states that if a vaccine is required, then any adverse reaction is considered work-related and therefore it must be recorded. Under OSHA rules, most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. Recorded injuries and illnesses become part of a contractors safety record. OSHA later amended the FAQ to state that “DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.
- The Department of Health and Human Services announced, "the Office for Civil Rights will interpret and enforce Section 1557 and Title IX's prohibitions on discrimination based on sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity. On May 10, 2021, HHS released this statement which explains that the Office of Civil Rights will accept, investigate and resolve complaints of health care discrimination from LGBTQ people under Section 1557. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in covered health programs or activities. This update, to include sexual orientation and gender identity, is in light of the US Supreme Court’s decision in Bostock v Clayton County and subsequent court decisions and reverses the Trump Administration’s prior policy.
- The CDC provided updated guidance for fully-vaccinated individuals on May 13, 2021, relaxing the recommendations for wearing face masks and social distancing. Employers are considering how this new guidance will impact the workplace. Employers should continue to be mindful of state and local requirements and the specifics of their work environment when making decisions related to mask and distancing requirements.
Sheri joined Redstone Government Consulting, Inc. in December 2012 as a Human Resources Consultant. She provides HR consulting services to our customers on a wide range of issues, from specific projects to an ongoing outsourced solution of the human resources function. Sheri has two decades of experience in providing a comprehensive assessment of all areas of HR, including establishing and implementing policies and practices, contract transition efforts/onboarding, and investigations. Sheri’s experience covers a broad spectrum of compensation planning and analysis for total compensation projects, reasonableness assessments including executive compensation, compensation philosophy development, total reward strategies, benefits analysis, market pay and pay equity evaluations. She regularly supports clients with the analysis and mapping of labor categories and the preparation and analysis of wage calculations and supports clients in pricing disputes with DCAA. Sheri has a wealth of experience in navigating the many compliance challenges associated with Service Contract Act and Davis Bacon Act. She has been a valuable resource to our clients in all these areas. She stays abreast of the various requirements of the Department of Labor and, of great importance to government contractors, the Office of Federal Contract Compliance Programs, as well as other federal and state regulations impacting human resources. Professional Experience Prior to joining Redstone Government Consulting, Inc., Sheri served in various roles in the Human Resources arena. While employed by a mid-size government contractor she assisted with database development, recruiting, affirmative action planning and contract proposals. Sheri later became an Employment Specialist with one of the largest employers in Huntsville, where she assisted and led managers in the interpretation and documentation of the progressive disciplinary process, conducted employee investigations and allegations of discrimination, sexual harassment, wrongful discharge and employee disputes, conducted unemployment hearings and conducted new employee orientation. Sheri developed and presented management training, administered facility compensation plan, monitored staffing budgets and wrote job descriptions and handbook revisions.
About Redstone GCI
Redstone GCI is a consulting firm focused on fulfilling the needs of government contractors in all areas of compliance. With a singular mission to help contractors through the multiple layers of “red tape,” we allow contractors to focus on what they do best – support their mission with the U.S. Government. We are home to a group of consultants made up of GovCon industry professionals, CPAs, attorneys, and retired government audit and acquisition professionals.
Our focus and knowledge of audit and compliance functions administered by DCAA and DCMA will always be at the heart of what we do. However, for the past decade, we’ve strategically grown to support other areas of the government contractor back-office with that same level of focus and expertise. We’ve added expertise in contracts management, subcontract administration, proposal pricing, various software systems, HR and employment law, property administration, manufacturing, data analytics/reporting, Grant specialists, M&A, and many other areas. When we see a trend in the needs of contractors, we act to ensure we can provide the best expertise in the market to fulfill those needs.
One thing our clients can be certain of is that with the Redstone GCI Team in your corner, there is no problem too big and no issue too technical for our team to tackle.
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HR Huddle
