Recent Resources
USCIS Extends Form I-9 Expiration Date
U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date of the current Form I-9 (Rev. 08/01/23) to May 31, 2027. Employers that use the Form I-9 with the expiration date of July 31, 2026, can continue using it until that date. Effective July 31, 2026, only Form I-9 (Rev. 08/01/23) with the expiration date of May 31, 2027.
Effective Date 08/01/2026
Los Angeles County Fair Chance Ordinance Takes Effect
Los Angeles County’s “ban the box” law, which applies to employers with five or more employees working in unincorporated LA County, takes effect September 3, 2024. The County recently rolled out a website that includes FAQs, the required workplace posting, a fact sheet, and more. You can find detailed information on the ordinance on our Los Angeles
Effective Date 09/03/2024
FTC Noncompete Ban Struck Down Nationwide
On August 20, 2024, a federal judge struck down the Federal Trade Commission (FTC) rule that banned virtually all noncompete clauses. The rule, which was slated to apply as of September 4, 2024, will not take effect. The court concluded that the FTC exceeded its authority when it issued the rule and that the rule itself was overbroad
Effective Date 09/03/2024
Federal: Noncompetes Banned
On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule which bans almost all noncompete clauses nationwide. The final rule is scheduled to be published in the Federal Register on May 7 and will take effect 120 days after publication, on September 4, 2024. The rule will ban all new noncompete clauses as of the rule’s effective date…
Passage Date 04/23/2024
Do we need to pay our remote employees for a full day if they lose internet access for a few hours?
It depends on their status under the Fair Labor Standard Act (FLSA). Your exempt employees need to be paid their full salary for the day if they did any work before or after the outage (or both).Your nonexempt employees only need to be paid for time worked. So, if your employees didn’t do any other work while their internet was down, you don’t have to pay them for those hours. Note that any time they spent troubleshooting the connection, either by themselves or with your IT department, would likely qualify as work and should be paid.
Answered by the Mineral HR Experts
Does taking FMLA intermittently affect an employee’s full-time status or eligibility for health benefits?
No. The Family and Medical Leave Act (FMLA) is clear on this point. You must maintain the employee’s coverage under any group health plan with the same conditions as if the employee had not taken leave and been continuously working full time during the entire leave period. The specific coverage should also be maintained, both in terms of who is covered under the plan (e.g., employee, employee and spouse, employee and family) and what the coverage includes (e.g., medical, dental, vision).
Answered by the Mineral HR Experts
We have an exempt employee who is going to be working part-time hours indefinitely. Do we need to switch them to hourly nonexempt or can we simply reduce their salary while keeping them exempt?
You don’t necessarily need to change their classification, but the minimum salary for exempt employees—which will be determined by federal or state law—can’t be prorated based on the number of hours worked. This means you can only keep the employee as exempt if, after the salary reduction, they still make at least the applicable minimum salary. If their new pay is below the minimum for exemption, you’ll need to reclassify them as nonexempt and pay them based on the number of hours they work.
Answered by the Mineral HR Experts
Federal: 2023 EEO-1 Component 1 Data Collection Opening in April
On February 26, 2024, the Equal Employment Opportunity Commission (EEOC) announced that the 2023 EEO-1 Component 1 data collection will open on April 30, 2024, and the deadline to file is June 4, 2024. The EEOC’s EEO-1 Component 1 online Filer Support Message Center will also
Passage Date 02/26/2024
California: Criminal Background Check Law Changes
Beginning October 1, 2023, the California Fair Employment and Housing Act’s regulations covering the use of an applicant’s criminal history in employment decisions will be amended. Some of these amendments include: Expansion of the prohibitions against employers asking
Passage Date 07/24/2023
Federal: EEOC Releases PWFA Resources
On June 27, 2023, the Equal Employment Opportunity Commission (EEOC) released the following resources to accompany the Pregnant Workers Fairness Act (PWFA) , which took effect on the same day: Tips for workers to request accommodations “Know Your Rights” video
Passage Date 06/27/2023
Federal: New Guidance about PUMP Act Protections
On May 17, 2023, the U.S. Department of Labor released a field assistance bulletin (No. 2023-02 ) to help with enforcement of the pump at work provisions of the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act), which amended the Fair Labor Standards
Passage Date 05/17/2023
California Indoor Heat Protection Regulation Takes Effect
On July 23, 2024, Cal/OSHA’s new heat illness protection regulation for indoor workplaces took effect. The regulation applies to indoor workplaces where temperatures reach at least 82° Fahrenheit (with some exceptions) and requires that employers take steps to protect workers,
Effective Date 07/23/2024
California Requires Workplace Violence Prevention Plans
Starting on July 1, 2024, employers of all sizes will be required to have a written workplace violence prevention plan, maintain a violent incident log, and provide workplace violence prevention training to employees. These requirements will apply to nearly all California employee
Effective Date 07/01/2024
Annual OSHA Form 300A Posting Begins February 1, Expanded Electronic Reporting Due March 2
Form 300A Workplace Posting Begins February 1 Covered employers that had 11 or more employees at any point in 2023 are required to post Occupational Safety and Health Administration (OSHA) Form 300A, Summary of Work-Related Injury and Illnesses, from
Important Date 02/01/2024
Federal Updates for 2024: IRS Mileage Rate, OSHA Reporting, and Federal Contractor Minimum Wages
The following federal law changes take effect on January 1, 2024. IRS Mileage Reimbursement Rate The IRS standard mileage rate will be 67 cents per mile driven for business purposes (up from 65.5 cents in 2023). This rate also applies to electric and hybrid vehicles. Use of this rate
Effective Date 01/01/2024
Question of the week
How do we handle open enrollment for an employee who’s out on leave?
You should ensure the employee on leave get the same chances to review their enrollment options and make selections as everyone else. Here are our recommended steps:
- Make sure you have updated contact information for the employee on leave so you can alert them when it’s time for open enrollment.
- Send the materials or link to the enrollment platform with clear instructions and deadlines. If the leave they’re on is unpaid, highlight how their premium will be collected during that leave.
- Follow up with reminders as needed, trying different contact methods if you’ve received no response.
- If the employee doesn’t complete their enrollment on time, treat them as you would employees not on leave who didn’t finish the process—sending the appropriate notices and explaining what happens next.
As during any open enrollment period, the key is to communicate with your employee so they know what to expect, what your deadlines are, and what happens when deadlines are missed. When in doubt, confirm specifics with your carrier or broker and follow your plan documents.
