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Your Monthly Newsletter
from Integrated Benefit Solutions
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Monthly
Newsletter
by
Integrated Benefit Solutions
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July 2017
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OSHA
Not Currently Accepting Electronic Submissions of
Form 300A Information
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The federal Occupational
Safety and Health Administration (OSHA) has
announced that it is not accepting electronic submissions of
information from 2016 Forms 300A at this time. As a result,
OSHA has proposed extending the July 1, 2017 date by which
certain employers are required to electronically submit these
forms pursuant to its recent "Electronic
Recordkeeping Rule" to December
1, 2017.
'Electronic Recordkeeping
Rule' Explained
The Electronic
Recordkeeping Rule, generally effective as of January 1,
2017, requires certain employers to electronically submit
injury and illness data to OSHA that they are already
required to record on their OSHA Forms 300A. Under the rule,
the following entities were required to make these
submissions by July 1, 2017:
Click here to
read OSHA's announcement.
Note:
Establishments located in OSHA "State Plan"
states should check with their state
plans for the implementation date of the new requirements
in their state.
To
read more about OSHA's recordkeeping requirements, please
visit our Safety
& Wellness section.
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How
to Keep Your Employees Motivated This Summer
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The warm weather and eagerly
anticipated outdoor activities of summer may take a toll on
your workers' concentration. If you're noticing a lack of
focus among your employees during this time of year, consider
the following ideas to help keep them motivated:
- Encourage your employees to step
outside for at least 15 minutes each day. Exposure to
natural sunlight can prevent workers from feeling
confined to the office during the warm summer months.
Holding business meetings outside may also help to boost
workers' morale.
- Change things up! Employees
may become more motivated when their jobs are more
challenging and interesting. Consider lateral moves to
build your workers' skill levels and knowledge base.
- Create opportunities for casual
interaction. A company sports team, a family day,
or an outdoor after-hours social event can keep your
employees engaged and build camaraderie in the
workplace.
- Consider flexible working
arrangements. Arrangements such as flextime or
staggered work hours may allow employees to enjoy summer
activities and attend to family obligations, while
coming to work refreshed. It's a good idea for employers
to work with a knowledgeable employment law attorney
when creating policies on flexible working arrangements,
to ensure policies and practices are in compliance with
the law and do not unlawfully discriminate against
certain employees.
Our
section on Motivating
Employees features additional strategies to help you
motivate your employees during any time of year.
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HHS
Releases HIPAA Cyber-Attack Checklist
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The Department of Health and
Human Services (HHS) Office of Civil Rights (OCR) has
released a quick-response checklist briefly describing the
steps that HIPAA-covered entities (including medical and
dental offices) and their business associates should take
in response to a cyber-related security incident. Steps
include:
- Executing the entity's response and
mitigation procedures and contingency plans, such as
immediately fixing any technical or other problems to
stop the incident;
- Reporting the crime to other law
enforcement agencies, which may include state or local law
enforcement, the Federal
Bureau of Investigation (FBI), and/or the Secret Service;
- Reporting all cyber-threat indicators
to federal and information-sharing and analysis
organizations (ISAOs), including the
Department of Homeland
Security and the HHS
Assistant Secretary for Preparedness and Response
(any reports should not include protected health
information); and
- Reporting the breach to the OCR
as soon as possible, but no later than 60 days
after the discovery of a breach affecting 500 or more
individuals, and notifying affected individuals
and the media unless a law enforcement official
has requested a delay in the reporting.
Note:
OCR considers all mitigation efforts taken by the entity
during any particular breach investigation. Such efforts
include the voluntary sharing of breach-related information
with law enforcement agencies and other federal and analysis
organizations.
Click
here to read the entire cyber-attack checklist.
Please
visit our HIPAA
section for more on the law's requirements.
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Are
Summer Interns Subject to Minimum Wage and Overtime Pay?
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Employers who have hired
summer interns should keep in mind that the U.S. Department
of Labor (DOL) has stated that private sector internships
are most often considered "employment" subject
to the federal Fair Labor Standards Act's (FLSA) minimum wage
and overtime rules.
The
Test for Unpaid Interns
There are some circumstances under which individuals who
participate in for-profit private sector internships
or training programs may do so without compensation. The
determination of whether an internship or training program
meets this exclusion depends upon all of the facts and
circumstances. The DOL uses the following six
criteria that must be applied when making this
determination:
- The internship, even though it
includes actual operation of the facilities of the
employer, is similar to training which would be given in
an educational environment;
- The internship experience is for the
benefit of the intern;
- The intern does not displace regular
employees, but works under close supervision of existing
staff;
- The employer that provides the
training derives no immediate advantage from the
activities of the intern, and on occasion its operations
may actually be impeded;
- The intern is not necessarily
entitled to a job at the conclusion of the internship;
and
- The employer and the intern
understand that the intern is not entitled to wages for
the time spent in the internship.
If all
of the factors listed above are met, an employment
relationship likely does not exist under
federal law, and the FLSA's minimum wage and overtime
provisions do not apply to the intern. This exclusion is
narrow, because the FLSA's definition of "employ"
is very broad.
Note: Be
sure to check your state wage and hour laws for applicable
requirements. When both the FLSA and a state law apply, the
employee is entitled to the most favorable provisions of each
law.
Our Employee
Pay section features information on other common federal
wage issues.
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How
to Write a Good Job Description
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Job
descriptions are an essential part of hiring and managing
employees. In addition to helping you recruit and hire the
right candidates, these written summaries serve as a key
basis for outlining performance expectations, job training,
job evaluation, and career advancement. Learn how to
write a good description by watching the video below.
For
more recruitment tips, check out our Recruitment
& Hiring section.
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Newsletter provided by:
Integrated Benefit Solutions
17 Maple Ave, Cassadaga, NY 14718
716-384-4045
info@wehelpsolvethepuzzle.com
www.wehelpsolvethepuzzle.com
The content herein is provided for general information purposes
only, and does not constitute, legal, tax, or other advice or
opinions on any matters. This information has been taken from
sources which we believe to be reliable, but there is no
guarantee as to its accuracy.
Copyright
© 2017 HR 360, Inc., All rights reserved.
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