JAN 2020, Vol 17, Issue 1

Overview

  • New W-4 Form
  • Post OSHA 300A by February 1st
  • Stay Ahead, Review and Update your Handbook
  • Time to Update Your AAP’s
  • Time Has Run Out to be in Compliance
  • Talent Acquisition Support
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New W-4 Form

The Internal Revenue Service has released the final version of the 2020 Employee’s Withholding Certificate which replaces the 2019 W-4 Form. Anyone that is hired after 1/1/20 or makes any changes after that date must use the new form. Those currently employed do not need to complete the new form unless they want to make changes. Please visit www.irs.gov to download the pdf.

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Post OSHA 300A by February 1st

Covered employers must complete and post their 2019 annual summary of work-related injuries and illnesses by February 1, 2020, and keep it posted in a common area until April 30, 2020. All employers required to keep Form 300, the Injury and Illness Log, must utilize the annual summary Form 300A to comply with posting requirements even if there have been no recordable injuries or illnesses, as the Occupational Safety and Health Administration (OSHA) will continue to focus on record-keeping violations in 2020. This year’s summary must include the total number of job-related injuries and illnesses that occurred in 2019.

The summary Form 300A reports a business’s total year-end number of fatalities, missed workdays due to injury or illness on the job, job transfers or restrictions, and injuries and illnesses as recorded on Form 300. It also includes the number of employees and the hours they worked for the year.

Please visit www.osha.gov to download the instructions and applicable forms.

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Stay Ahead, Review and Update your Handbook

Although there are no laws, state or federal, which require companies to have an employee handbook, there are state and federal laws requiring the presence of written employment policies. If legal compliance isn't incentive enough for having an employee handbook, there are many other benefits. An employee handbook helps to explain the advantages and benefits of working for your company, it describes the expectations the company has of the employee in addition to communicating what the employee can expect of the company. In addition, the handbook clarifies important company policies and problem-solving procedures. Not having a well-defined handbook available to your workforce may negatively impact it and often times will result in litigation.

Employers risk liability if they do not periodically review and revise their handbook. Regularly updating your handbook will help to ensure that it remains compliant with applicable laws and that it is still meeting your needs.

Below are some areas to review to determine if you need to revise and update your employee handbook:

  • have major changes been made to the company’s philosophy;
  • what new practices were implemented this year;
  • which regulatory changes are affecting the company’s business practices and/or company policies;
  • have changes been made to the performance review process or different benefits offered;
  • are there new compliance requirements mandated by customers?

If any of the aforementioned have changed, make sure you modified related policies. It is vital that any revisions to your handbook do not include contractual or promissory language. Words such as "will" or "always" should be avoided as much as possible. In addition, when making any adjustments to your handbook, do not simplify its contents too much. By doing so, you may be eliminating important language intended to demonstrate your company's compliance with certain laws.

Creating an employee handbook is only the first step toward a more efficient workplace. The employee handbook won't do much good if it's not maintained. In fact, an outdated handbook can actually be more detrimental than no handbook at all. Use the tips found above to periodically review your handbook, ensure compliance with current labor laws, and secure efficiency within your workplace.

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Time to Update Your AAP’s

Many Affirmative Action Plans (AAPs) expired on December 31, 2019. Under federal law, government contractors and subcontractors with 50 or more employees who have entered into at least one contract of $50,000 or more with the federal government must prepare and maintain a written affirmative action program, which must be developed within 120 days from the commencement of the contract and must be updated annually.

AAP’s should be submitted to DOL during the first quarter of 2020.

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Time Has Run Out to be in Compliance

Mandatory Sexual Harassment Training Required: Employers with at least 50 employees in Delaware must provide “interactive training and education to employees regarding the prevention of sexual harassment.” This training should have been completed by 12/31/19 and every two years thereafter and include all of the following elements:

  1. The illegality of sexual harassment;
  2. The definition of sexual harassment using examples;
  3. The legal remedies and complaint process available to the employee;
  4. Directions on how to contact the Department of Labor; and the EEOC
  5. The legal prohibition against retaliation.

In addition, the interactive training for the supervisors must further include the specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment; and the legal prohibition against retaliation.

If you haven’t completed the Delaware law’s interactive training requirements, schedule your company’s training now. HR Strategies, LLC is available to assist in customizing and presenting interactive training programs consistent with Delaware’s training requirements. Since the new regulation became effective, we have trained over 4000 employees and managers in harassment prevention. We further are able to review and update workplace policies, including an employer’s sexual harassment prevention policy.

If your company has completed the training and you have a few individuals that were unable to attend, HR Strategies, LLC offers the option of state specific online interactive Anti-harassment Prevention training. We provide the mandated training requirements and options for the following states: California, Connecticut, Delaware, Maine and New York. This service will provide your organization with ten individual training sessions to be used within twelve months. This training feature can be used for new hires that did not attend your organization’s group training session, or for a newly hired or promoted supervisor that that did not complete your company’s manager training. The ten sessions can be used in any combination of manager or employee training to suit your needs.

In addition to providing you with the flexibility to assign the mandated training to your employees or supervisors, you will receive access to run reports for your organization. This will provide you with the ability to determine how long an individual took to complete the training session, how well they scored on their test, and print out their certificate for your training records.

Feel free to contact us with any questions you may have or for pricing on the ten session program.

Talent Acquisition Support

If your organization has job openings and needs assistance in filling those open positions, contact HR Strategies’ staff for support. We can focus on your recruiting needs so that you can focus on your business needs.

Contact HR Strategies staff at 302.376.8595 or info@hrstrategies.org if you would like support or would like to learn more about the items in this newsletter. Please contact us if you would like to be added or removed from our Monthly Strategies mailing list or if you would like for us to add someone to our mailing list.

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