SEPA SHRM monitors and posts legislative and regulatory issues that affect this chapter. We encourage members to provide our legislative committee feedback and to get involved on a grassroots level.
http://www.regulations.gov (IRS REG–142695–05)
The notice, published August 6, 2007 in the Federal Register may be accessed: http://edocket.access.gpo.gov/2007/pdf/E7-14827.pdf
The new proposed regulations continue the Uniform Coverage and Use-or-Lose Rules for FSA’s. Updated rules regarding the use of FSA debit cards and substantiation of claims is included. Employers may limit enrollment in FSA’s to employees who participate in the medical plan.
There are many other changes. Members are urged to review the notice and submit their comments to the IRS within the comment period.
Pennsylvania Supreme Court Holds That Non-Lawyers Can Represent Employers in Unemployment Compensation Proceedings
By: Roslyn H. Schaffer, SPHR VP Legislative Representative SEPA SHRM
(Please note: The information provided is for educational purposes only and is not intended as legal advice. Please consult your own attorney for legal advice specific to your facts.)
In an April 17 decision in Harkness v. Unemployment Compensation Board of Review, the Pennsylvania Supreme Court has held that non-lawyers can represent employers at unemployment compensation proceedings.
This decision also effectively resolves the issues in the Piunti matter. In Piunti v. Commonwealth of Pennsylvania, Department of Labor and Industry, Unemployment Compensation Board of Review, four attorneys filed a complaint that challenged a Pennsylvania law allowing non-attorney, non-employees to represent either workers or employers. SHRM filed amicus briefs in both the Harkness and Piunti cases, in support of non-attorney representation of employers in unemployment compensation proceedings.
Legislative ALERT: Susan Warner, J.D., SPHR, SHRM PA State Legislative Affairs Director.
DOL REQUESTS YOUR INPUT ON FMLA BY 2/2/06. NOW IS THE TIME FOR YOU, AS H.R.PROFESSIONALS TO PROVIDE GUIDANCE TO THE DOL ON THIS COMPLEX PIECE OF LEGISLATION THAT CAUSES SO MUCH DIFFICULTY FOR YOUR ORGANIZATIONS. PLEASE TAKE THE TIME TO CLICK ON THE LINK AND GET YOUR RESPONSES AND SUGGESTIONS IN.
The Department invites interested parties having knowledge of the FMLA to submit comments and welcomes any pertinent information that will provide a basis for ascertaining the effectiveness of the current implementing regulations and the Department's administration of the Act. The issues posed in this notice are not meant to be an exclusive list of issues for which the Department seeks commentary." You can view the department's request for information in the Federal Register by cutting and pasting the following link in your web
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/069489.htm
Written comments on the request for information should be submitted to Richard M. Brennan, Senior Regulatory Officer, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W. , Washington , D.C. 20210 . Electronic comments may be submitted by e-mail to: nwhdcomments@dol.gov.
SHRM National is preparing a robust response to the FMLA regulation both from the Association’s rerspective as well as chair of the National Coalition to Protect Family Leave. As part of this effort, SHRM will provide sample comments for members to use in their efforts as well as an opportunity for members to provide input into the SHRM efforts. More information should be out shortly
IRS Final Regulations Issued for Electronic Disclosures
By: Roslyn H. Schaffer, SPHR VP Legislative Representative SEPA SHRM
(Please note: The information provided is for educational purposes only and is not intended as legal advice. Please consult your own attorney for legal advice specific to your facts.)
On October 20, 2006, the IRS published the final regulations which govern how employers may send out required plan disclosures and how employees may elect benefits
The final regulations stipulate that electronic disclosure and election is permissible. The employer must continue to follow the proper format and timing rules for the disclosures as if they were on paper. Thus, the electronic disclosure must be written in so as to be easily understood, easily accessed and available for printing. Plan participants need to be alerted to the significance of the communication
Participants have to give written or electronic consent to receive the notices. The final regulations provide an alternative. At the time the notice is provided, the recipient must be advised that he or she may receive the notice in written format on paper at no charge. The recipient must also be “effectively able” to access the electronic notice. This is a change in the wording from prior regulations which stated that the electronic notice had to be “reasonably accessible” to the recipient. This also applies to plan elections. The IRS specifies that if a participant is not effectively able to access the electronic medium to make an election, the plan must offer him or her the right to make an election in a medium that is accessible, such as a paper election
For further review of the regulations, links to the published documents are provided
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-17528.pdf
http://www.irs.gov/pub/irs-regs/td9294.pdf
Employer Responsibilites Under the Pension Protection Act by
Roslyn Schaffer, SPHR - SEPA SHRM Chapter Legislative Representative
(Please note: The information provided is for educational purposes only and is not intended as legal advice. Please consult your own attorney for legal advice specific to your facts.)
The Department of Labor has issued the first set of proposed regulations in response to the passage of the Pension Protection Act of 2006. The proposed regulations issued on September 26, 2006 and published in the Federal Reserve Register on September 27th. The provisions are designed to increase participation in retirement plans and provide a greater investment income for participants. Please click on the link below for the entire update:
Employer Responsibilities Under the Pension Protection Act
"EQUAL OPPORTUNITY SURVEY ELIMINATED BY OFCCP (Submitted by: Susan Warner,J.D., SPHR, SHRM PA State Council Legislative Affairs Director):
For those Federal Contractors who have ever had to complete an Equal Opportunity Survey (EO Survey) regarding your compensation - and those whomay ever have been required to in the future - this is TERRIFIC NEWS!
The OFCCP (Office of Federal Contract Complian Programs) final rule was issued on 9/8/06. The Rule rescinds its EO Survey that required certain contractors to complete the survey providing information regarding compensation, tenure, and personnel activities, among other things. It was "a bear" to complete for most contractors because it required providing information in a format most of us do not keep our data and wasnot easily retreivable from our systems.
The original purpose of the Survey was to target federal contractors for compliance evaluations. However, the OFCCP has admitted that the Survey was never actually used for that purpose. In a study commissioned by the OFCCP in 2003, it was revealed that the EO Survey had misdirected valuable enforcement resources and had not enhanced the Agency’s ability to identify those federal contractors who may be engaging in systematic discrimination.
The OFCCP said it does not need the EO Survey to determine the level of audit attention it should give a particular contractor. Federal contractors will be happy that they are being relieved of the obligation to file the EO Survey. Nevertheless, do not take this OFCCP action as a sign that the Agency is not going to be as actived as they have been in the past. In fact, the OFCCP has conducted many more compliance evaluations this year than they did last year.
This informatiopn should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.
Any tax information or written tax advice contained herein (including any attachments) is not intended to be and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer.
Legislative Update July, 2006
Pennsylvania minimum wage to increase January 1, 2007
Governor Ed Rendell has signed legislation to increase the minimum wage in Pennsylvania. The law increases the minimum wage to $6.25 an hour on January 1, 2007, and to $7.15 an hour on July 1, 2007. Employers with 10 or fewer full-time employees will follow a delayed implementation schedule, increasing the minimum wage to $5.65 on January 1, 2007; $6.65 on July 1, 2007 and $7.15 on July 1, 2008. (Pennsylvania News Release, July 9, 2006.)
Employer Protection for Providing References: PA SB 69 - New PA Employer Immunity Law passed. The intention of the new law is to provide protection when providing legitimate, job related information.
PA SB 69 - New PA Employer Immunity Law Passed by Susan Warner, J.D. SPHR, HRTS and Jonathan Segal, Esq., Wolf Block
