E-Verify Record Disposal
November 25, 2014
Time Sensitive Reminder: E-VERIFY RECORD DISPOSAL
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President Obama recently announced a series of Executive Actions that make several important administrative changes in the immigration process that will impact employers and foreign nationals alike in several important ways. The Executive Actions create a new deferred action program for certain parents of U.S. citizens; expand the 2012 Deferred Action for Childhood Arrivals (DACA) program; increase the work options for spouses of certain visa holders; and seek to expand the visa options for highly-skilled immigrants.
To be clear, on the employment based immigration changes, nothing is different today. All of the proposed changes will require regulations or agency action, which is expected to take several months. Regulations have to be drafted, finalized, sent out to the public for review and comment, and then the comments are compiled and responded to, all before the regulations are effective. The list below is not comprehensive, as much of what is being proposed is still being developed.
The IRS issued a notice on November 4, 2014 concluding that a health plan that does not provide substantial coverage for inpatient hospitalization and/or physician services will not qualify as a "minimum value" plan under the Affordable Care Act. Therefore, large employers that adopt such plans are subject to penalties under the Affordable Care Act for failure to offer a plan that provides minimum value. The IRS expects to issue additional guidance on this issue next year.
Simultaneously, additional FAQs were issued to clarify that employers may not offer employees with high claims risk a choice between enrollment in its standard group health plan and cash, as well as prohibiting the use of vendor sponsored Section 105 reimbursement plans as a way to assist eligible employees in accessing premium tax credits on the Marketplace.
Basic Supervisor Training – developed by the attorneys at Cross, Gunter, Witherspoon & Galchus, P.C. – is designed to help your company avoid legal action resulting from common HR issues, including:
The Davis-Bacon Act is an 80-year-old wage subsidy law administered and enforced by the U.S. Department of Labor (DOL) that mandates prevailing wages for work performed on federally financed construction projects. Unfortunately, the law often raises more questions than it answers. This seminar, presented by CGWG attorneys Greg Northen, Donna Galchus and Joe Ramsey, will provide the practical guidance you need to avoid penalties and costly litigation.
Employers that sponsor health flexible spending accounts should consider whether they wish to adopt this higher limit for 2015. If so, the increased amount should be communicated to employees in open enrollment or other materials. In addition, the cafeteria plan document may require an amendment.
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