News and Updates
Month: December 2024
Update on Non-Compete Ban for 2025
FTC’s Non-Compete Ban Blocked, But Gray Area Remains In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule. A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two. Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.” Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.” For now, bo
Benefits Recap: Reminders for 2024 & Changes for 2025
ACA Updates & Reminders It’s almost time for ACA reporting! There aren’t any major changes this year, but here are some items to be aware of for the 2024 tax year. The employee distribution deadline for the 1095-C forms is March 3, 2025. Since the 2023 tax year, the IRS requires all employers with more than ten (10) forms to report electronically. Employers can complete this either directly through the IRS website or through a third-party provider. Corrected forms are also required to be submitted electronically. If you’re submitting 10 or fewer forms, you can still file on paper. The deadline for this is February 28, 2025. The deadline for e-filing 1095-C and 1094-C forms to the IRS is March 31, 2025. Keep in mind that there could be additional ACA state reporting requirements for your organization with differing deadlines. The states to pay special attention to are California, New Jersey, Massachusetts, Rhode Island, and the District of Columbia. Updated penalties and affordability percentages. The ACA penalizes Applicable Large Employers (ALEs) that don’t offer what’s considered affordable coverage to full-time employees (FTEs). The affordability percentage is the maximum amount of an employee’s pay that “Employee Only” coverage can cost the employee in order to be considered affordable by ACA. For 2024, that percentage is 8.39%. The affordability percentage will jump to 9.02% for 2025, and the associated fines will
Additional Drug-Free Program Savings for Spooner Clients
Ohio’s recreational marijuana sales have started! Spooner clients who haven't had a recent review of their drug-free policy can take advantage of a no-cost, no-obligation policy review by First Connect Corporate Services. Our clients who need an update or new policy development will have access to discounted pricing when they mention Spooner. To take advantage of this offer, email your drug free policy to lisawade@firstconnectplus.com and identify your company as a Spooner client. Don’t forget, there is a reimbursement available to Ohio employers current on their workers’ compensation premium that will cover the costs of policy development or update, employee or supervisor training or Train the Trainer programs. Some drug testing is even included. For most employers, the reimbursement means zero out of pocket when using First Connect as the provider. Since 2004, First Connect has been a leading provider of drug free program development and training services in the state of Ohio. For more information, please visit their website at www.firstconnectplus.com or call 855.990.5500 and speak to Lisa
Clarifying "Direct Causation," Ohio Court sides with Employer
Last year, we told you about a case that left employers' use of the Voluntary Abandonment defense unclear, and could have long-term negative repercussions. Luckily, it’s been clarified by a recent ruling. The Supreme Court of Ohio officially interpreted a section of the Revised Code in a way that sincerely benefits employers. The employer, Autozone, was contesting claimant’s receipt of temporary total disability (TTD) compensation after an approved surgery that took place two months after the employer terminated the claimant for unrelated reasons. The claimant incurred a work-related injury in June of 2020, and returned to work on light duty following conservative treatment. The claimant was terminated in September 2020 for reasons unrelated to the claim. In November 2020, the claimant underwent an approved surgery for the allowed condition, and subsequently filed for TTD. Autozone argued that the claimant wasn’t entitled to TTD because there were no lost wages to replace - due to the claimant not working at the time of the surgery. The Industrial Commission greenlit the initial request for disability compensation starting on the surgery date. Autozone then filed an appeal with the Tenth Circuit Court of Appeals, requesting the order be vacated and the claimant be found ineligible for TTD. The court agreed with the Industrial Commission and rejected the employer’s argument to deny TTD. The employer then appealed to the Ohio Supreme
