Brain Break: A Quick Quiz

We live in very dynamic times, and it is hard to keep up with all the changes. At Employers Council, we provide a multitude of resources to help you stay current. However, we are all human, and it is hard to absorb all the information and keep it in our brains.  A few quick reminders in the form of a quiz might stimulate our grey matter with that in mind. Answers available at the end. Try not to peek.

True or False?

  1. The Colorado Healthy Families and Workplaces Act (HFWA) paid sick time provision applies to employers of all sizes in 2021.
  2. Under the COBRA coverage for assistance, eligible individuals do not have to have been enrolled on COBRA for any of the time up until the subsidy starts. ARPA created a new election window, and they can elect prospectively starting April 1, 2021.
  3. The Department of Human Services (DHS) announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Form I-9. This policy only applies to employers and workplaces that are operating remotely and ends May 31, 2021.
  4. When recalculating the regular rate of pay, employers may include but are not limited to: Shift differential, incentive or production bonuses, hazardous duty pay, and any other earnings.
  5. The Fair Labor Standards Act (FLSA) allows for exemptions from these overtime and minimum wage requirements for certain employees who work in administrative, professional, and executive jobs (known as exempt employees). It is permissible to have an exempt employee and pay them as if they were non-exempt.
  6. Fair Credit Reporting Act (FCRA) requires employers to provide applicants or employees with free copies of the actual report relied upon and summary of rights documents before taking adverse employment actions based in whole or in part upon information contained in the report.
  7. Employment Practices Liability Insurance (EPLI) is a type of liability insurance covering wrongful acts arising from the employment process. The most frequent types of claims covered under such policies include wrongful termination, discrimination, sexual harassment, and retaliation.
  8. According to the National Labor Relations Act (NLRA), to be protected, there must be a link between employees’ activity and matters concerning the workplace or employees’ interest as employees.
  9. I-9s should be maintained in a separate file—not in the individual’s general personnel file. Records should be kept for one year from the date of hire or three years post-termination, whichever is longer.

Answers:

  1. False. Employers who have 16 or fewer employees have until January 1, 2022, to comply. All Colorado employers, regardless of size, are required to provide public health emergency-related paid leave.
  2. True. Individuals can drop a private plan (marketplace) and re-enroll in the employer’s coverage for April 1, 2021 -September 30, 2021. The marketplaces will be doing a special open enrollment to take those people back after the subsidies end. Individuals with no medical insurance can also re-enroll in the former employer’s plan. This is like the “second bite of the apple.”
  3. True. Employers should note any remote inspection of documents that occur during this period. Once in-person inspection is available, employers should reinspect the physical documents. See DHS guidance here.
  4. True. This can catch employers off guard, especially with incentive plans. Our FYI (white paper) on regular rate calculations is a great resource for making these calculations.
  5. True. While unusual, this is allowable. Remember, the FLSA assumes every employee is covered by FLSA or not exempted. Often part-time “exempt” employees are paid on an hourly vs. salary basis.
  6. True. Besides the disclosure and authorization requirements, the FCRA requires employers to provide the applicants or employees with free copies of the actual report relied upon and summary of rights documents before taking adverse employment actions based in whole or in part upon information contained in the report.
  7. True. EPLI can help protect you and your business from potentially costly claims. Increasingly popular, EPLI coverage includes legal defense fees and settlement costs or damages – up to your policy’s limit – whether you win, settle, or lose a case.
  8. True. Examples include: talking with one or more co-workers about your wages and benefits or other working conditions, circulating a petition asking for better hours, participating in a concerted refusal to work in unsafe conditions, openly talking about your pay and benefits, and joining with co-workers to speak directly to your employer, to a government agency, or to the media about problems in your workplace.
  9. False. Records should be kept for three years from the date of hire or one year post-termination, whichever is longer.

Employers Council is here to help you navigate all the changes you face. Please give us a call with any questions.