This week’s question comes from Heather, an HR director.

Heather asks:

I know that we our required to deliver our Obamacare notices (Notice to Employees of Coverage Options under Fair Labor Standards Act §18B) by October 1, 2013. Can we deliver our Notices of Coverage Options by e-mail?

Answer: The Notice to Employees of Coverage Options under Fair Labor Standards Act §18B may be delivered electronically as long as the safe-harbor requirements of 29 CFR 2520.104b-1(c) are met.

29 CFR 2520.104b-1(c)

(c) Disclosure through electronic media

(1) Except as otherwise provided by applicable law, rule or regulation, the administrator of an employee benefit plan furnishing documents through electronic media is deemed to satisfy the requirements of paragraph (b)(1) of this section with respect to an individual described in paragraph (c)(2) if:

(i) The administrator takes appropriate and necessary measures reasonably calculated to ensure that the system for furnishing documents—

(A) Results in actual receipt of transmitted information (e.g., using return-receipt or notice of undelivered electronic mail features, conducting periodic reviews or surveys to confirm receipt of the transmitted information); and

(B) Protects the confidentiality of personal information relating to the individual’s accounts and benefits (e.g., incorporating into the system measures designed to preclude unauthorized receipt of or access to such information by individuals other than the individual for whom the information is intended);

(ii) The electronically delivered documents are prepared and furnished in a manner that is consistent with the style, format and content requirements applicable to the particular document;

(iii) Notice is provided to each participant, beneficiary or other individual, in electronic or non-electronic form, at the time a document is furnished electronically, that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted (e.g., the attached document describes changes in the benefits provided by your plan) and of the right to request and obtain a paper version of such document; and

(iv) Upon request, the participant, beneficiary or other individual is furnished a paper version of the electronically furnished documents.

(2) Paragraph (c)(1) shall only apply with respect to the following individuals:

(i) A participant who—

(A) Has the ability to effectively access documents furnished in electronic form at any location where the participant is reasonably expected to perform his or her duties as an employee; and

(B) With respect to whom access to the employer’s or plan sponsor’s electronic information system is an integral part of those duties; or

(ii) A participant, beneficiary or any other person entitled to documents under Title I of the Act or regulations issued thereunder (including, but not limited to, an “alternate payee” within the meaning of section 206(d)(3) of the Act and a “qualified beneficiary” within the meaning of section 607(3) of the Act) who—

(A) Except as provided in paragraph (c)(2)(ii) (B) of this section, has affirmatively consented, in electronic or non-electronic form, to receiving documents through electronic media and has not withdrawn such consent;

(B) In the case of documents to be furnished through the Internet or other electronic communication network, has affirmatively consented or confirmed consent electronically, in a manner that reasonably demonstrates the individual’s ability to access information in the electronic form that will be used to provide the information that is the subject of the consent, and has provided an address for the receipt of electronically furnished documents;

(C) Prior to consenting, is provided, in electronic or non-electronic form, a clear and conspicuous statement indicating:

(1) The types of documents to which the consent would apply;

(2) That consent can be withdrawn at any time without charge;

(3) The procedures for withdrawing consent and for updating the participant’s, beneficiary’s or other individual’s address for receipt of electronically furnished documents or other information;

(4) The right to request and obtain a paper version of an electronically furnished document, including whether the paper version will be provided free of charge; and

(5) Any hardware and software requirements for accessing and retaining the documents; and

(D) Following consent, if a change in hardware or software requirements needed to access or retain electronic documents creates a material risk that the individual will be unable to access or retain electronically furnished documents:

(1) Is provided with a statement of the revised hardware or software requirements for access to and retention of electronically furnished documents;

(2) Is given the right to withdraw consent without charge and without the imposition of any condition or consequence that was not disclosed at the time of the initial consent; and

(3) Again consents, in accordance with the requirements of paragraph (c)(2)(ii)(A) or paragraph (c)(2)(ii)(B) of this section, as applicable, to the receipt of documents through electronic media.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have further questions on the Notice to Employees of Coverage Options under Fair Labor Standards Act §18B.

According to the US Department of Labor, in the week ending September 21, the advance figure for seasonally adjusted initial claims was 305,000, a decrease of 5,000 from the previous week’s revised figure of 310,000. The 4-week moving average was 308,000, a decrease of 7,000 from the previous week’s revised average of 315,000.

Advance Seasonally Adjusted Insured Unemployment Increases

The advance seasonally adjusted insured unemployment rate was 2.2% for the week ending September 14, an increase of 0.1 percentage points from the prior week’s unrevised rate.

Advance Seasonally Adjusted Insured Unemployment Increases

The advance number for seasonally adjusted insured unemployment during the week ending September 14 was 2,823,000, an increase of 35,000 from the preceding week’s revised level of 2,788,000. The 4-week moving average was 2,842,500, a decrease of 42,750 from the preceding week’s revised average of 2,885,250.

Under the Patient Protection and Affordable Care Act, also known as the Affordable Care Act or Obamacare, most employers are required to provide one of two notices to all employees. Guidance was provided to employers by the US Department of Labor (DOL) in Technical Release No. 2013-02, Guidance on the Notice to Employees of Coverage Options under Fair Labor Standards Act §18B and Updated Model Election Notice under the Consolidated Omnibus Budget Reconciliation Act of 1985.

Employers Required to Provide the Notice

Employers subject to the Fair Labor Standards Act (FLSA) are subject to the notice requirements. US DOL Wage and Hour Division (WHD) Fact Sheet #14 provides information on who is covered by the FLSA.

All Employees Must Receive Notice

All employees, including part-time employees and employees not eligible to participate, must receive a notice.

Two Model Notices Are Available

The DOL has prepared and made available two model notices, one for employers that offer health insurance to their employees and one for employers that do not offer health insurance to their employees. An employer would only provide one type of notice to all employees, regardless of whether the individual employee is eligible for health insurance.

Deadline is October 1, 2013

Employers must provide the notice on or before October 1, 2013 to all current employees hired before October 1, 2013. Employees hired after September 30, 2013 must be provided the notice at the time of hiring. For 2014, the DOL will consider notices provided within fourteen days of an employee’s start date as provided at the time of hiring.

Multiple Delivery Methods Available

Employers  may hand deliver the notices, mail them by first-class mail, or by e-mail if the requirements of the DOL’s electronic disclosure safe harbor at 29 CFR 2520.104b-1(c) are met.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have further questions on the notice to employees of coverage options required under the ACA.

Monday, September 2, 2013 will be Labor Day, a federal holiday. The offices of Vision Payroll will close Friday, August 30 at 5 pm EDT and re-open Tuesday September 3. Most banks will also be closed in observance of the holiday.

Date Paid	Process Deadline
9/2/2013	8/28/2013
9/3/2013	8/29/2013
9/4/2013	8/30/2013

Payroll Dates May Be Affected by Labor Day

Payrolls dated September 2 will be paid August 30 unless a previous change in schedule has been submitted. Payrolls submitted after these processing deadlines will be pushed back until the next available processing day. No changes are required for payrolls dated September 5.

Columbus Day Is Next Federal Holiday

The next federal holiday will be Monday, October 14, 2013, Columbus Day. Contact Vision Payroll as soon as possible to make changes to or for questions on your processing schedule.

Attention: Vision Payroll Clients

On Friday, August 2, 2013,
Vision Payroll will be closing early at 11:30 am due to a company event.

Please plan your payrolls accordingly & let us know if you have any questions.

This week’s question comes from Stephen, a small-business owner.

Stephen asks:

I know that some provisions of Obamacare will impact my business starting 2014. How will the provisions of Obamacare impact my business in 2014?

Answer: There are many provisions of The Patient Protection and Affordable Care Act, commonly known as Obamacare, which will take effect in 2014. To begin preparing, business owners will need to know:

• How to minimize the impacts of the law.
• Are you covered by the “Pay or Play” insurance coverage mandates?
• Legal considerations to help employers decide whether to “Pay” or “Play”.
• Important aspects of health insurance exchanges, safe harbor provisions, employee classifications, tax credits, automatic enrollments, and much, much more!

Attend a Free Seminar to Learn More

Joseph T. Bartulis, Esq. and Patrick C. Tinsley, Esq. of the law firm of Fletcher Tilton will be presenting a two-part seminar that you won’t want to miss. In addition to covering all of the above topics, the attorneys will be available for a question-and-answer session after the seminar.

Two Dates and Locations to Choose from

Part One will be presented June 12, 2013 at The Verve, Crowne Plaza, Natick, MA and also June 18, 2013 at Cyprian Keyes, Boylston, MA. Part Two will be presented September 24, 2013 at The Verve, Crowne Plaza, Natick, MA and also October 2, 2013 at Cyprian Keyes, Boylston, MA.

Register Today for Helpful Tips on Surviving Obamacare for Your Business

There is no cost to attend, but preregistration is required. Click here to learn more and to register.

According to the US Department of Labor, in the week ending May 25, the advance figure for seasonally adjusted initial claims was 354,000, an increase of 10,000 from the previous week’s revised figure of 344,000. The 4-week moving average was 347,250, an increase of 6,750 from the previous week’s revised average of 340,500.

Advance Seasonally Adjusted Insured Unemployment Rate Remains Unchanged

The advance seasonally adjusted insured unemployment rate was 2.3% for the week ending May 18, unchanged from the prior week’s unrevised rate.

Advance Seasonally Adjusted Insured Unemployment Increases

The advance number for seasonally adjusted insured unemployment during the week ending May 18 was 2,986,000, an increase of 63,000 from the preceding week’s revised level of 2,923,000. The 4-week moving average was 2,986,500, a decrease of 11,500 from the preceding week’s revised average of 2,998,000.

According to the US Department of Labor, in the week ending April 20, the advance figure for seasonally adjusted initial claims was 339,000, a decrease of 16,000 from the previous week’s revised figure of 355,000. The 4-week moving average was 357,500, a decrease of 4,500 from the previous week’s revised average of 362,000.

Advance Seasonally Adjusted Insured Unemployment Rate Decreases

The advance seasonally adjusted insured unemployment rate was 2.3% for the week ending April 13, a decrease of 0.1 percentage point from the prior week’s unrevised rate.

Advance Seasonally Adjusted Insured Unemployment Decreases

The advance number for seasonally adjusted insured unemployment during the week ending February 13 was 3,000,000, a decrease of 93,000 from the preceding week’s revised level of 3,093,000. The 4-week moving average was 3,071,750, a decrease of 17,500 from the preceding week’s revised average of 3,089,250.

This week’s question comes from Allen, an HR Director.

Allen asks:

We have been using the Form I-9 that expired last August. We’re uncomfortable using an expired form. When will the new Form I-9 be available?

Answer: The US Citizenship and Immigration Services (USCIS) today published a new Form I-9, Employment Eligibility Verification. This form is available for immediate use.

Older Versions of Form I-9 May Be Used Until May 7, 2013

Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.

Revised Form I-9 Has New Features

The revised Form I-9 has several new features, including new fields and a new format to reduce errors. The instructions to the form also more clearly describe the information employees and employers must provide in each section.

English and Spanish Versions Are Available

The new Form I-9 is available in both an English language version and a Spanish language version.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have further questions on the revised Form I-9.

According to the US Department of Labor, in the week ending March 2, the advance figure for seasonally adjusted initial claims was 340,000, a decrease of 7,000 from the previous week’s revised figure of 347,000. The 4-week moving average was 348,750, a decrease of 7,000 from the previous week’s revised average of 355,750.

Advance Seasonally Adjusted Insured Unemployment Rate Remains Unchanged

The advance seasonally adjusted insured unemployment rate was 2.4% for the week ending February 23, unchanged from the prior week’s unrevised rate.

Advance Seasonally Adjusted Insured Unemployment Increases

The advance number for seasonally adjusted insured unemployment during the week ending February 23 was 3,094,000, an increase of 3,000 from the preceding week’s revised level of 3,091,000. The 4-week moving average was 3,121,750, a decrease of 37,500 from the preceding week’s revised average of 3,159,250.