Human Resources

Deadlines to Furnish Forms 1095-C and 1095-B to Employees are Coming Up

This from OMA Connections Partner One Source Advisors (OSA): “The IRS deadlines to furnish Forms 1095-C and 1095-B to employees in early 2019 are as follows:

• Employers with 50 or more full-time employees (including full-time equivalent employees) generally must furnish a Form 1095-C to all full-time employees no later than March 4, 2019.
• Self-insured employers with fewer than 50 or more full-time employees (including full-time equivalent employees) generally must furnish a Form 1095-B to all responsible individuals–typically the primary insured, an employee or former employee, or other related person named on the application for insurance–no later than March 4, 2019.

The deadline for employers to file all Forms 1095-C and 1095-B with the IRS remains February 28, 2019 (or April 1, 2019, if filing electronically).

Cheri Gillfillan, president of OSA, said: “The forms are to document the employee was offered minimum essential benefits that meet affordability guidelines. The IRS then uses the forms to confirm eligibility for subsidy payments if an employee chooses to be insured through the federal marketplace.”

Questions? Contact OSA. 2/1/2019

Organization Commits to Elevate Opioid Solutions

This week an alliance of local, state, and national organizations came together to launch the Rx Abuse Leadership Initiative (RALI) of Ohio. RALI Ohio intends to address the challenges and needs of the state’s opioid and substance misuse epidemic.

From its press statement: “… RALI Ohio worked closely with its partners to identify gaps in support for vital programs that help those struggling with substance use disorder and those at risk for opioid misuse. Based on these learnings, the partnership began educating communities about proper disposal options for unused medications, providing tools to facilitate in-home disposal, and raising awareness of addiction prevention and education programs led by organizations throughout the state.”

You can learn more here. And find drug take-back locations here. 2/6/2019

Rep. Scott Ryan participates in the launch of the Rx Abuse Leadership Initiative (RALI).

Immigration Compliance: What’s Coming in 2019

From OMA Connections Partner Dinsmore: “… In 2018, the Trump administration held true to its Buy American, Hire American policy. As a result, worksite investigations, I-9 audits, and criminal and administrative worksite-related arrests surged by 300 to 750 percent over 2017. The administration has signaled that immigration enforcement will continue to be a priority this year, and employers should be prepared for three ways they may be contacted related to their compliance records. …”

Read the post from Dinsmore with tips for employers to evaluate their current worksite and immigration policies. 1/30/2019

NLRB Revises Independent Contractor Test

From OMA Connections Partner Calfee: “On January 25, 2019, in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the National Labor Relations Board … overturned a 2014 decision and made it easier for employers to demonstrate that their workers are independent contractors who can’t unionize. The issue in this case was whether approximately 88 van drivers are employees of a company and could therefore be represented by a union; or whether, as the Board found, they are independent contractors of the company and therefore could not.

“The decision overturned a 2014 Obama-era ruling …”

You can read more here. 1/31/2019

Trending: Salary-History Bans

From OMA Connections Partner Frantz Ward: “As of January 1, 2019, Connecticut and Hawaii have joined … California, Delaware, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, and Vermont by adopting state-wide bans against salary history inquires. State and local governments across the country are increasingly introducing and passing legislation prohibiting employers from asking candidates their salary history information, with the aim of ending pay inequity. …

“Ohio has not passed a salary history ban (yet), so Ohio employers are in the clear for now. … Accordingly, multi-state employers need to be aware of how bans may affect their businesses and should regularly review and update hiring processes to ensure compliance with the many differing state and local bans.”

More here. 1/25/2019

DOL Comments on Improper Overtime Rates

From OMA Connections Partner Frantz Ward: “Administering payroll for employees with variable work schedules and hourly rates can cause major headaches for employers. In an effort to simplify and reduce administrative costs, employers are oftentimes tempted to set a standard overtime rate to be paid at a set dollar amount to all employees regardless of variations in compensation rates and actual weekly compensation earned. However, as a recent Department of Labor Opinion Letter explains, employers must adhere to the FLSA’s overtime calculation rules when setting such rates….

“This letter reminds employers that, when calculating overtime compensation, the regular rate of pay cannot be arbitrarily selected, especially when the selected amount is potentially less than the employee’s actual hourly wage rate. Rather, overtime must be based on the actual rate of pay the employee earns.”

More here. 1/18/2019

Statewide Opioid Campaign Rolling Out in Dayton

Dayton Mayor Nan Whaley invites OMA members to meet with representatives of the Ohio Opioid Education Alliance, which has rolled out a new public education campaign to prevent abuse of prescription opioids.

The campaign, Denial Ohio, is rolling out across the state and representatives of the Alliance will be in Dayton on Monday, January 28 at 10:00 a.m. for a presentation and discussion with Community Overdose Action Team members and local stakeholders.

The meeting will be at Public Health – Dayton & Montgomery County, 117 South Main Street, Dayton, Ohio 45422, in the 3rd floor conference room. If you park in the parking garage on the corner of Fifth and Main Street (entrance to the garage is on Fifth Street, across from Spaghetti Warehouse), parking will be validated.

Please RSVP by responding to this email or call (937) 225-5700 for more information. 1/23/2019

Union Membership: Up in Ohio, Down Nationwide

Ohio’s union membership climbed in 2018 while union membership overall decreased nationwide according to a recently released report from the Bureau of Labor Statistics.

Ohio had 639,000 union members in 2018. This was up from 635,000 in 2016. The 4,000 member uptick raised the membership rate from 12.5% of Ohio workers in 2017 to 12.6% in 2018.

Overall across the country union membership declined in 2018. In 2018, 14.7 million workers were part of a union, which was down from 14.8 million workers in 2017.

For a historical comparison: In 1983, around 17.7 million workers belonged to a union, which was 20.1% of U.S. workers. Today’s national percentage is half of that number with 10.5% of workers affiliated with a union. 1/24/2019

Medical Marijuana Goes Live in Ohio

This week Ohio’s first medical marijuana dispensaries opened, four months behind schedule.

Four medical marijuana dispensaries opened across the state: one in Sandusky, two in Wintersville, near Steubenville, and one in Canton.

Dee Mason, CEO of OMA Connections Partner, Working Partners^(R), offered this op-ed in the Columbus Dispatch (PDF version) reminding employers of the workplace challenges medical marijuana presents.

Mason wrote: “Under the law, employers are not required — yet not prohibited — to accommodate an employee’s use of marijuana as medicine. Each employer must decide their stance on the issue and be positioned to respond to employee questions or to the employee who tests positive for marijuana.

“This position must be articulated in the company’s drug-free workplace policy and communicated with employees in writing and through ongoing discussions. Simply updating a policy is not enough; those changes must be communicated clearly and consistently. The more everyone understands, the better prepared they can be if a situation involving marijuana arises.” 1/17/2018

Federal Court Upholds Attorneys’ Fee Award Against Former Employees in Ohio Non-Compete Case

From OMA Connections Partner Frantz Ward: “Although some departing employees are willing to risk violating their non-competes when they leave a company, a recent court decision reinforced one of the significant dangers that those employees can face in doing so. In this decision, a federal appeals court in Ohio ruled that a former employee who violates a non-compete can be forced to pay the employer’s legal fees, even if the former employer does not prevail on all of the issues raised.”

Read more about this from Frantz Ward. 1/17/2019