In October 2022, the U.S. Equal Employment Opportunity Commission updated its mandatory workplace poster from EEO is the Law to Know Your Rights: Workplace Discrimination is
Illegal. Employers should update their poster with the new version (dated 10/20/22) and display it in the workplace.
The poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged by the EEOC to post the notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting.
On November 14, 2022, the IRS released Notice 2022-59 with the 2023 adjusted applicable dollar amount—$3 per enrollee—for the Patient-Centered Outcomes Research Institute (PCORI) Trust Fund fee for plan years that end on or after October 1, 2022, and before October 1, 2023. The fee will continue through 2029. Of note, in 2022 it was $2.79.
The PCORI was established under the Affordable Care Act (ACA), which imposes a fee on specific health insurance policy issuers and applicable self-insured health plan sponsors to help fund the institute. The fee, required to be reported only once a year on the second quarter Form 720, Quarterly Federal Excise Tax Return and paid by its due date, July 31, is based on the average number of lives covered under the policy or plan.
Read more about the ACA and PCORI fees on the following pages:
Beginning in 2023, group health plans and health insurance issuers must make an internet-based price comparison tool available to participants, beneficiaries, and enrollees. The purpose of this tool is to provide consumers with real-time estimates of their cost-sharing liability from different providers for covered items and services, including prescription drugs, so they can shop and compare prices before receiving care. Upon request, plans and issuers also must provide this information in paper form or over the telephone.
For plan years beginning on or after Jan. 1, 2023, plans and issuers must make price comparison information available for 500 shoppable items, services and drugs. For plan years beginning on or after Jan. 1, 2024, price comparison information must be available for all covered items, services, and drugs.
Most employers will rely on their issuers or third-party administrators (TPAs) to develop and maintain the price comparison tool and provide related disclosures on paper or over the phone upon request.
Fully insured plans—Employers with fully insured health plans should confirm that their issuer will comply with the price comparison tool requirements beginning with 2023 plan years and ensure this compliance responsibility is reflected in a written agreement.
Self-insured plans—Employers with self-insured plans should reach out to their TPAs (or other service providers) to confirm they will comply by the deadline and update agreements to reflect this responsibility. In addition, employers should monitor their TPAs’ compliance with this requirement.
Unlike fully insured plans, the legal responsibility for this tool stays with a self-insured plan even if its TPA agrees to provide the price comparison tool on its behalf.
The Colorado Natural Medicine Health Act of 2022 was approved by voters and is effective the earlier of:
According to the act, its purpose is to establish a new approach to natural medicines by:
In other words, adults 21 and older will have legal access to and may have possession of the following plants or fungi (i.e., natural medicine):
However, employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, or growing of natural medicines in the workplace.
(Colorado Initiative 58; Colorado Proposition 122 was approved by voters on November 8, 2022 but results are not official).
Colorado’s paid Family and Medical Leave Insurance Program (FAMLI) will launch next year. FAMLI benefits include partial wage replacement, job protection, and continuation of group health care coverage. FAMLI is funded by payroll contributions and is administered by the FAMLI Division (part of the Colorado Department of Labor and Employment). Employers do not pay the monetary benefits directly to employees.
Employers must start withholdings on January 1, 2023. Employees can take FAMLI leave starting on January 1, 2024. The FAMLI Division has a web page with FAQs, toolkits, videos, and other resources for employers.
FAMLI applies to most employers and employees in Colorado. Those who are self-employed are not required to participate but can opt in.
Employers are responsible for sending contributions to FAMLI. For 2023 and 2024, the contribution rate is 0.9% of each employee’s wages, up to the Social Security wage base (currently estimated to be
$155,100 in 2023, which would be a max contribution of $1,395.90). If you have nine or fewer employees, then your employees pay half the contribution amount and you pay nothing. If you have 10 or more employees, then you pay 50% and your employees pay 50% of the contribution.
The state will determine an employee’s eligibility when they apply. To be eligible for FAMLI, an employee must have earned $2,500 in Colorado during their base period. To be entitled to job protection and continuation of health care coverage, the employee must have worked for the employer for at least 180 days before taking leave.
Eligible employees may take up to 12 weeks of FAMLI leave per year for family, medical, qualifying exigency, or safe leave. Employees can take an additional four weeks for pregnancy-related complications.
Family leave is to care for a family member with a serious health condition or to bond with a new
child. Medical leave is for the employee’s own serious health condition. Qualifying exigency leave is for making arrangements for a family member’s military deployment. Safe leave is for domestic violence or sexual assault.
If the employee’s FAMLI leave also qualifies for the Colorado Family Care Act or the federal Family and Medical Leave Act (FMLA), then the leaves will run concurrently.
Employers are required to provide notice about FAMLI:
The 2023 notice is available here.
Colorado’s new state-sponsored retirement savings program—called ColoradoSecureSavings—rolls out January 1, 2023. All Colorado businesses with five or more employees will be required to register for the program once it opens if they do not already offer their own tax-qualified retirement plan.
According to the SecureSavings website, Colorado will be enforcing enrollment across the state in a series of waves based on a business’s number of employees.
Key program features include the following:
Covered employers will have no fiduciary responsibility, meaning they will not be responsible for the investment decisions or outcomes of any employee who participates in the program. Employers are also not permitted to match their employees’ contributions.
An Employer Fact Sheet on the program includes more information.
Santa has his list and HR has theirs… The end of the year is usually an extremely busy time. A smooth and effective year-end process may help ensure HR professionals comply with relevant laws and regulations and that necessary tasks are completed in an orderly manner. This checklist can assist professionals like you with an effective year-end process.
This checklist is not an all-encompassing but provides an overview of common HR activities. This checklist is intended to be used as a guide, and the steps in this list should be modified to meet the unique needs of your organization. Due to the complexities and legal requirements of some of these activities, employers are encouraged to seek legal counsel to address specific issues and concerns.
Nothing to report…
1/31 – Form 940 Filing Deadline (2022) 1/31 – Form 941 Filing Deadline (Q4)
1/31 – Forms W2 and 1099-Misc Distribution Deadline 1/31 – Forms W2 and W3 Filing Deadline
2/1 – Deadline for Posting OSHA Form 300A
2/28 – Forms 1094-B, 1095-B, 1094-C, and 1095-C Filing Deadline (paper filers)
Lighthouse HR Support (LHRS) provides practical human resource information and guidance based upon our knowledge and experience in the industry and with our clients. LHRS services are not intended to be a substitute for legal advice. LHRS services are designed to provide general information to human resources and/or business professionals regarding human resource concerns commonly encountered. Given the changing nature of federal, state and local legislation and the changing nature of court decisions, LHRS cannot and will not guarantee that the information is completely current or accurate. LHRS services do not include or constitute legal, business, international, regulatory, insurance, tax or financial advice. Use of our services, whether by phone, email or in person shall indicate your acceptance of this knowledge.
