News and Analysis
For the convenience of OMA members, OMA creates a library of commonly used human resources forms including an employment application, performance evaluation form, vacation schedule, state & federal posting requirements and more.
The forms are reviewed annually by the OMA’s law firm, Bricker & Eckler, so members can use them with confidence.
New this year is a Workplace Harassment Compliant form.
The forms are free and always available on the OMA’s website. Members are urged to carefully read all the special instructions for use in order to comply with applicable laws. 12/3/2018
Employers that sponsor group health plans should provide certain benefit notices in connection with their plans’ open enrollment periods.
Group health plans and health insurance issuers are required to provide a summary of benefits and coverage (SBC) to applicants and enrollees each year at open enrollment or renewal time.
Federal agencies have provided a template for the SBC, which health plans and issuers are required to use.
The issuer for fully insured plans usually prepares the SBC. If the issuer prepares the SBC, an employer is not also required to prepare an SBC for the health plan, although the employer may need to distribute the SBC prepared by the issuer. 12/3/2018
The Ohio Export Internship Program, a partnership between the Ohio Development Services Agency, Cleveland State University, The Ohio State University, and Youngstown State University will match college students throughout the state who have taken export-focused coursework to Ohio companies looking to pursue export opportunities.
Half of the intern wages will be reimbursed, up to $3,600. The summer internship will run from May 13 through August 9, 2019.
Applications are now under review. Final deadline to apply is February 1, 2019. Learn more here. 11/19/2018
The IRS has been sending Letter 5699 to employers that have not complied with their ACA reporting requirements for 2015.
Letter 5699 requests missing information from applicable large employers (ALEs) that were required to report under Section 6056, but failed to file Forms 1094-C and 1095-C with the IRS. The IRS identifies potentially noncompliant ALEs based on their Form W-2 total employee count reported for 2015.
Penalties may apply for any failures to file with the IRS by required deadlines.
Questions? Contact OMA’s endorsed employee health care plan provider, One Source Advisors. 11/1/2018
From OMA Connections Partner Dinsmore: “… While #MeToo focuses on high profile claims against executives, celebrities, and politicians, the Time’s Up initiative has expanded the activism to low wage and blue collar workers. Since its inception, its legal defense fund has provided nearly $22 million dollars to cover legal costs for workers to pursue sexual harassment lawsuits against their employers.
“What can employers do to mitigate the risk of sexual harassment claims or of unwittingly cultivating a culture of harassment in their workplace? The following are five steps employers should take to prevent harassment and send a clear message: #NotHere.”
Read on here. 11/1/2018
The Wage and Hour Division of the U.S. Department of Labor is committed to helping employers understand and comply with federal wage and hour laws.
Its compliance assistance toolkits answer the most frequent questions about federal labor standards, and include posters that meet federal labor law notice requirements. 10/23/2018
From OMA Connections Partner Frantz Ward: “Under new federal regulations effective September 21, 2018, employers must now issue updated “Summary of Your Rights” forms mandated by the Fair Credit Reporting Act. …
“The new form is effective immediately, and employers should begin using it now to avoid gaps in compliance. However, the new regulations do temporarily permit continued use of the old Summary of Your Rights forms, provided a separate page containing the newly required information (i.e. the security freeze and fraud coverage rights) is provided at the same time.”
Read more here. 10/23/2018
Ohio’s minimum wage is scheduled to increase on Jan. 1, 2019, to $8.55 per hour for non-tipped employees and $4.30 per hour for tipped employees.
The minimum wage will apply to employees of businesses with annual gross receipts of more than $314,000 per year.
The current 2018 Ohio minimum wage is $8.30 per hour for non-tipped employees and $4.15 for tipped employees. The 2018 Ohio minimum wage applies to employees of businesses with annual gross receipts of more than $305,000 per year.
A Constitutional Amendment by Ohio voters in 2006 states that Ohio’s minimum wage shall increase on Jan. 1 of each year by the rate of inflation. The state minimum wage is tied to the Consumer Price Index (CPI-W) for urban wage earners and clerical workers for the 12-month period prior to September. This CPI-W index increased by 2.9 percent over the twelve-month period from Sept. 1, 2017, to Aug. 31, 2018. 10/8/2018
From OMA Connections Partner Dinsmore: “Due to recent federal regulation, employers must follow new disclosure procedures before performing background checks. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) issued updated model disclosure forms mandated by the Fair Credit Reporting Act (FCRA). The new forms may be accessed here. The last time the CFPB provided a model disclosure form for use by employers performing background checks was 2012. …
“The new forms are effective immediately; however, the CFPB will temporarily permit continued use of the 2012 forms as long as a separate page containing the new information is also provided to the applicant-consumer. …”
Read more here. 10/8/2018
Each year, Medicare Part D requires group health plan sponsors to disclose to individuals who are eligible for Medicare Part D and to the Centers for Medicare and Medicaid Services (CMS) whether the health plan’s prescription drug coverage is creditable.
Plan sponsors must provide the annual disclosure notice to Medicare-eligible individuals before October 15—the start date of the annual enrollment period for Medicare Part D. CMS has provided model disclosure notices for employers to use.
Employers should confirm whether their health plans’ prescription drug coverage is creditable or non-creditable and prepare to send their Medicare Part D disclosure notices before October 15.
If you have questions about this, please contact OMA’s endorsed employee health plan partner, One Source Advisors. 10/2/2018