Governmental Affairs
 
Governmental Affairs Director Contact:
Janelle Camesano
Human Resource Manager
Harper International
(e) jcamesano@harperintl.com
(p) (716) 684-7400
 
 
 
Governmental Affairs Mission
BNHRA Governmental Affairs partners with SHRM Governmental Affairs program to anticipate and address regulations and legislation that could change the way human resource professionals perform their jobs. BNHRA collaborates with NYS SHRM and SHRM to advance the human resource profession in the area of government affairs. BNHRA provides an opportunity for local chapter members to assist in shaping regulation and legislation as the subject matter experts in employment relations in Western New York.
 
 
 
Interested in helping out with Government Affairs? Email Janelle at jcamesano@harperintl.com
 
 
 
What's New In Governmental Affairs: April - May 2015
 
 
 

Are You Ready for Affordable Care Act Reporting?

Early in 2016 applicable large employers will be required to report certain information about 2015 enrollments, eligibility and affordability. Applicable large employers (ALEs) are those that (alone or other entities) employed an average of at least 50 FT employees, including FT equivalents, on business days in the preceding year. All ALEs, whether qualifying for transition relief or not, must report. Meaning, even if you did not offer qualified coverage in 2015, you must still report as much by following the established procedures.

The purpose behind the reporting is to let the government know whether or not you complied with the employer shared responsibility provision (also known as pay or play) which requires ALEs to offer FT employees, and their dependents minimum essential coverage (MEC) that is affordable and provides minimum value (MV). ALES are required to offer MEC to at least 95% of FT employees and their dependents by 2016, 70% of FT employees for 2015.

Employers will file an information transmittal report to the IRS (form 1094 C) along with a statement, similar to a w2, to each employee (form 1095 C).

Form 1095 C will help the IRS determine if the employer owes a shared responsibility payment or if the tax payer (employee) is eligible for a tax credit. Form 1095 C is a statement provided to anyone who was a FTE for at least one month during the year, even if they no longer work for the company. The statement must also be provided for any person who was covered but is NOT an employee, such as board members or those on COBRA.

The purpose of form 1094 C is to certify that the employer made a qualifying offer to the employees. This form will be submitted to the IRS along with copies of all 1095 Cs that are submitted to employees.

To get started:

  • Determine that your organization is an applicable large employer
  • Determine the kind of health insurance coverage you offered to FTES
  • Identify your FTEs each month and track coverage info during 2015

For more information, please see the following sources:

http://www.irs.gov/pub/irs-pdf/p5196.pdf

http://www.shrm.org/hrdisciplines/benefits/articles/pages/aca-reporting-draft-forms.aspx

http://www.benefitplanaccounting.com/2015-aca-reporting-requirements-summary-employers/

 

NLRB Ambush Election Rule Now in Effect:

Last December the NLRB issued a highly contested rule which decreases the time frame for an organizing campaigns by a labor union from about 40 days to as little as 10. Employers are calling this the ambush election rule because they see this limited campaign period as an ambush – not allowing them time to prepare and respond to the campaign. It is possible that a future ruling could invalidate the election rule, and oral arguments for such a change are scheduled for later this month. In the meantime however, the rule stands and is in effect as of April 14th.

http://www.shrm.org/hrdisciplines/laborrelations/articles/pages/ambush-election-rule-hearing.aspx

OSHA Reporting Updates:

New for 2015, OSHA has announced some update to the reporting requirements.

  • Previously, if 3 or more employees were admitted to the hospital for a work-related accident/incident, OSHA needed to be notified (directly) within 24 hours. This requirement is now changed to ANY employee, instead of three. If anyone is admitted to the hospital for an accident/incident, OSHA must be notified within 24 hours.
  • If someone suffers an amputation, OSHA must be notified directly within 24 hours
  • If someone loses an eye, OSHA must be notified within 34 hours

These incidents can be reported by phone at 1-800-321-OSHA, or online, although that service is not up and running yet.

Additionally, OSHA has published a new list of exempt industries and a new list of newly covered industries:

https://www.osha.gov/recordkeeping2014/records.html

 

Department of Labor Announces Final Rules Regarding Same-Sex Spouses adn the FMLA:

In 2013, in United States v. Windsor, 133 S. Ct. 2675, the Supreme Court found that Section 3 of the Defense of Marriage Act, defining marriage as between a man and woman, is unconstutional.

On February 25th 2015 the Department of Labor revised the definition of spouse under the Family Medical Leave Act so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. Previously, eligible employees with same-sex spouses were afforded this benefit only if they lived in a state that recognized same-sex marriage. The final rule is effective March 27th 2015.

http://www.dol.gov/whd/fmla/spouse/factsheet.htm