Health Care Reform

Health Care Reform Summary & Timeline for Employers

COBRA Subsidy

The American Recovery and Reinvestment Act of 2009 (ARRA) created the COBRA subsidy program. The program was originally supposed to end December 31, 2009, meaning workers who were involuntarily terminated after that date wouldn’t qualify for the subsidies. However, Congress has approved two extensions, at first to February 28, 2010, and then to March 31, 2010.   House and Senate bills to extend the COBRA subsidy further are pending approval.  Under current law, workers who are or were involuntarily terminated between September 1, 2008 and March 31, 2010 are eligible for 65 percent COBRA subsidies. Workers can receive the subsidies for up to 15 months.

Employers with group health plans are required to provide notices about the COBRA subsidy to individuals who experience a qualifying event due to a reduction in hours or termination of employment.  The Department of Labor provides model notices that employers may use for notification purposes.  The latest model notices can be found through this link:  http://www.dol.gov/ebsa/COBRAmodelnotice.html

Federal Labor Law Postings

Equal Employment Opportunity (November 2009 version)
Who must post:  All employers

Equal Employment Opportunity - GINA supplement
Who must post:  Employers who have a pre-November 2009 version of the “Equal Employment Opportunity Is The Law” poster can post this supplement alongside the older form to meet compliance requirements

Fair Labor Standards Act
Who must post:  All employers

Job Safety and Health (OSHA)
Who must post:  All employers engaged in a business affecting commerce

Employee Polygraph Protection
Who must post:  Any employer engaged in or affecting commerce or in the production of goods for commerce

Uniformed Services Employment and Reemployment Act
Who must post:  The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA

Family and Medical Leave Act 
Who must post:  Employers who employ 50 or more employees

Davis-Bacon Act
Who must post:   Any government contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge

Service Contract Act/Walsh-Healy Act
Who must post:  Every government contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees

Special Minimum Wage
Who must post:  Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act

Migrant and Seasonal Agricultural Worker Protection Act
Who must post:  Agricultural employers, agricultural associations and farm labor contractors

State Labor Law Postings

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Forms

2010 Federal W4
Federal income tax withholding form.

I-9 Form (English)
Employment Eligibility Verification form.

I-9 Form (Spanish) 
Employment Eligibility Verification form.  Note: The Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

 

 

Before you terminate…

Before you layoff workers, check out our post about the Federal WARN Act that applies to all employers in the US, and recent legislative changes affecting New York employers and download the Department of Labor Federal WARN Act Fact Sheet.

WARN Fact Sheet

 

Background checks…

Employers in New York who conduct background checks on applicants or employees, listen up!  Recent legislative changes affect you.  Read more here and download Article 23-A to post and provide to applicants and employees who will be the subject of a background check. 

Article 23A

 

Privacy in Massachusetts…

Massachusetts has passed legislation to protect the privacy of personal information.  Massachusetts employers must implement specific procedures and safeguards.  Read more here and download the Compliance Checklist and Small Business Guide issued by the Massachusetts Office of Consumer Affairs and Business Regulation.

Massachusetts Small Business Guide

Massachusetts Compliance Checklist