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Month: September 2023

2023 Q3 Legal Update

Posted By Brandy King
September 21, 2023 Category: legal update, PWFA, workplace discrimination, overtime exemptions, NLRB section 7

Clarity on PWFA In August, the EEOC finally released the proposed regulations for the Pregnant Workers’ Fairness Act (PWFA). Until this point, it wasn’t entirely clear what expectations were for employers. It was signed into law in December 2022, and became effective June 27, 2023 – even though the proposed regulations hadn’t been issued. Now that regulations (and examples) have been published and opened for comment (which remains open until October 11), things are much clearer. This doesn’t replace any current protections already in place for pregnant or post-partum mothers, so the PUMP and the Pregnancy Discrimination Acts are still in full force. PWFA closes some loopholes that ADA left open and essentially treats pregnancy itself like a disability, offering similar protections to ADA. This means employers with 15 or more employees will be expected to make reasonable accommodations to known limitations associated with pregnancy, childbirth, or related medical conditions.  These regulations won’t require employers to seek supporting documentation as they would in an FMLA or disability claim – but employers may require documentation “only if reasonable under the circumstances.” Luckily, EEOC provides some examples of when it’s not reasonable to ask for supporting documentation – like carrying and drinking water as needed, additional restroom breaks (and breaks in general), sitting/standing modifications,

Let’s Be Blunt: What Ohio’s Issue 2 and Other Changes Could Mean for Businesses

Posted By Brandy King
September 21, 2023 Category: drug testing, ohio marijuana laws, marijuana legalization, ohio issue 2

Ohioans will soon have the opportunity to vote on whether or not the Buckeye state will join 23 other states in legalizing recreational marijuana. Seven other states will have similar measures on their November ballot this year. If all of them pass, nearly 2/3 of U.S. states will have some form of legal, recreational marijuana.  Ohio’s proposal was born from the Coalition to Regulate Marijuana Like Alcohol, and would create a new government program and infrastructure for adults (21+) to buy, sell, grow and use cannabis. The ballot measure wouldn’t be a constitutional amendment, meaning the legislature could make changes to the proposed rule if it passes. This measure was initially set to appear on the Ohio’s 2022 ballot, but cannabis industry leaders were entangled in a dispute with government officials on the interpretation of the initiated statue process. The proponents of the bill argue that Ohio is missing the boat on tax revenue that would come from the sale of non-medical use marijuana for adults. Patients of Ohio’s medical marijuana program currently only pay the standard 5.75% sales tax. The proposition would be to collect an additional 10% sales tax that would be used for things like social equity and job programs, state efforts to address substance abuse, and supporting municipalities that are home to dispensaries.   States like Colorado have collected over $2 billion in taxes since 2014 from both sales and excise taxes. Th

Is a 401(k) MEP Right for You and Your Employees?

Posted By Brandy King
September 21, 2023 Category: 401(k), MEP, Retirement plans, employee benefits

The job market has regained some stability over the last year, creating a more even power dynamic between employees and candidates, and employers. That doesn’t change the need to attract good prospects and keep current valued employees. Not all employers can afford to roll out the red carpet on employee benefits, including things like no-cost health coverage, unlimited PTO and free childcare. There is one benefit that virtually all employees want access to, and a route for employers of all sizes to access it: a retirement plan.  Our family of companies created a 401(k) Multi-Employer Plan (MEP) under SuretyHR, and it’s available to all of our clients. This plan is designed to provide more cost-effective, streamlined options to employers with existing plans, and make those benefits accessible for employers of all sizes without a retirement plan in place. Multi-Employer Plans aren’t guaranteed to be less expensive simply because of their structure, and it’s hard to judge the service aspect if you don’t know any of their current clients. If you work with Spooner Inc, SuretyHR or Spooner Medical Administrators – you know a few businesses that participate in this MEP. It’s the same retirement plan that provides for all of our employees! Plenty of SuretyHR and Spooner clients have joined as well, and we’ll be sharing some of their success stories in the coming months.  The assumed cost and administrative work involved wi

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