Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law.

2020 HSA limits rise

In preparation for open enrollment, the Internal Revenue Service (IRS) has released details for HSA Limit changes for 2020. Both individual coverage and family coverage limits have been increased to $3,550 and $7,100 respectively.

IRS proposes revisions to form W-4 for 2020

In response to complaints from taxpayers and tax professionals after the Tax Cuts and Jobs Act (TCJA), the IRS will be making changes to the form W-4.  A draft is currently available for review and the final version is expected to be released in November of this year and effective in 2020.

Approaching deadlines for Massachusetts Paid Family Leave

The Massachusetts Paid Family and Medical Leave Act (PFML) goes into effect on July 1, 2019. The following are deadlines to take note of:

  • May 31, 2019 – Workplace poster must be posted alongside other workplace posters
  • June 30, 2019 – Workforce to receive written notification deadline (extended from May 31, 2019)
  • October 1, 2019 – Payroll deductions to begin. Amendments passed moving it from July 1st to October 1st.
  • September 20, 2019 – Application for a private plan exemption due (extended from June 30, 2019)
  • October 31, 2019 – Contributions deadline for July-September and completed quarterly reports
  • January 1, 2021 – Some paid family leave benefits become available
  • July 1, 2021 – Additional paid family leave benefits available

Nevada bans marijuana in pre-employment drug screens

Nevada has become the first state to ban pre-employment drug testing for marijuana. The bill (Assembly Bill No. 132) goes into effect on January 1, 2020. Employers must review policies and job descriptions to determine what must be adjusted and what is exempt.

New Mexico ban-the-box

Private employers are now prohibited from requesting criminal history on an initial employment application. They can still request information further along in the interview process, with the exception of sealed or expunged records.

New Jersey expands medical leave laws

The Earned Sick Leave (ESL) Law in New Jersey gives employees up to 40 hours of accrued paid sick leave per year. This can be used for a broader range of reasons extending to needs associated with family members of the employee.

The New Jersey Family Leave Act (FLA) that provides employees with 12 weeks of unpaid leave to use for family members with serious health conditions has also been expanded. The Employer size has been reduced from 50+ to 30+ employees, the definition of a family member has been expanded, and the notice requirement has been reduced from 30 to 15 days.

Finally, the New Jersey Family Leave Insurance Law (FLI) was amended to increase both the amount of paid leave time an employee can take to care for a new child from 6 to 12 weeks and the weekly pay cap during leave. An employee can now also take leave to care for a family member suffering from domestic violence or a sexually violent incident.

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