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November employment law roundup

06 Dec 2018 8:36 PM | Anonymous

Mid-term elections are done!  (So we have a couple of months of empty mailboxes before the Presidential candidates start up for 2020…)  Check out SHRM’s
for the next 2 years.

·         IRS raised 401(k) max contribution for 2019.  And 401(k) hardship withdrawals and transfers might get easier under proposed rules.

·         FSA contributions were raised to $2,700 for 2019.

·        USCIS is proposing changes to the way H-1B lottery system works.  For more details, see SHRM’s article.

·         DOL is proposing that employers seeking H-2B and H-2A visas would have to advertise the jobs online.

·        Although the federal government said DACA program was done in March, 2018, a court recently ruled the applications can continued to be processed.  Read more from SHRM.

·         Supreme Court decided this month that the Age Discrimination in Employment Act
applies to
public employers of all sizes (unlike private sector,
where the law applies to those with 20 or more employees).

·        If you have restaurant employees that get a tip credit, you may want to see DOL’s
new opinion
on the tip credit application to those also working in non-tipped work.

·        The deadline to get the 1095Cs to your employees was moved to March 4, 2019.  But the deadline to file your 1094/1095s did not change – that is still due to the IRS
on February 28, 2019 (if filing by paper) or April 1, 2019 (if filing electronically).

·        The Wage & Hour Division of the DOL issued a new round of opinion letters this month, including:

Don’t forget to check out WI SHRM’s legislative partner, Boardman Clark’s employment law update.


Please call, email and/or Tweet your lawmakers to urge them to support the inclusion of H.R. 795/S. 796, Employer-Provided Education Assistance legislation, in a year-end package. These bipartisan, bicameral proposals would expand Section 127 of the Internal Revenue Code (IRC) to include student loan repayment. Employers would be able to voluntarily provide student loan repayment as a tax-free benefit up t o $5,250 per year, per employee.

A personal letter from HR professionals will reinforce the importance of student loan repayment as a benefit and will help build additional support for H.R.795/S. 796 to move the bills forward as lawmakers in the House and Senate negotiate year-end
legislative deals.

TAKE ACTION NOW: Visit SHRM's HR Policy Action Center to send a letter to your lawmakers as soon as possible to make an impact.

- Fill out your contact information (be sure to enter your HOME mailing address since
the system will correctly match you to your federal congressional district).

- Personalize the template email language to include your message with your own story.
- Click "submit."

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