HR & Safety News, Insights and Updates | |
Consultstu LLC delivers fractional human resources services to small/mid businesses.
Our monthly newsletter keeps clients and friends up to date on important
law updates, business news and employment trends.
| | EEOC and DOJ Issue New Guidance to Employers on Prohibited DEI Activities |
Compliance. On March 19, 2025, the EEOC released a nationwide notice titled: “EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination”, and subtitled “Employers’ DEI Policies, Programs and Practices Can Violate Title VII of the Civil Rights Act of 1964.” The EEOC notice provides references and links to two “technical assistance” documents published in conjunction with the DOJ, which are intended to advise employers regarding its views that good motives do not protect an employer if a DEI program that protected characteristics do not limit or characterize employees. DEI is a broad term that is not defined in Title VII of the Civil Rights Act of 1964. But Title VII prohibits employment discrimination based on protected characteristics such as race and sex, and DEI programs must comply with Title VII.
| | HSAs: How Employees of All Ages Can Gain Value from HSAs (Triple Tax Advantage) |
Benefits. HSAs are a popular benefit, with more than 37 million active accounts. The triple tax advantages of HSAs make them an employee favorite. (1) Reduce taxable income: When employees contribute to an HSA, they reduce their taxable income and pay less in taxes when filing day rolls around; (2) Accrue savings tax-free. Any earnings in the HSA, whether from interest or investments, are not taxed as long as the money remains in the account; and (3) Withdraw funds tax-free. HSA withdrawals are never taxed as long as the money is used to pay for eligible expenses. Read more. Including 5 communication strategies to boost HSA savings.
| | | Locked out of Your Florida Re-employment CONNECT Account? Here is what you do. | Re-Employment. If you entered an incorrect password on CONNECT, more than three times, your password will need to be reset. If you have added someone else as an administrator, that person can reset your password. Otherwise, submit a password reset request by visiting the Reemployment Assistance Help Center, select " I am an Employer" and then select " I need to reset my employer password". You will need to provide contact information, EIN Number, employer account number and company address. There are also tips if you have trouble accessing documents in CONNECT and how to set up a ID.me account. Speak to a Florida Employer rep by calling 1-833-FL-APPLY. | | | Understanding Temporary Protected Status (TPS) and What It Means: Venezuela TPS Ends April 7 | Immigration. Temporary Protected Status (TPS) is an immigration benefit granted to individuals from specific countries experiencing severe humanitarian crises such as natural disasters, armed conflicts, or epidemics. TPS allows these individuals to live and work in the United States without the threat of deportation while conditions in their home country remain unsafe. TPS status allows employees with expired EAD cards to keep working, with EAD cards (category codes A12 or C19). Read more. The Trump administration has decided to terminate the 2023 TPS designation for Venezuela. Employment authorization benefits related to TPS and any associated documents will become invalid after April 7, 2025. Breaking News: Judge Pauses TPS Termination. | | | What is the "120 Day" Pay and Investigate provision under FL Workers' Compensation? | Workers' Compensation. Florida Statutes establish that under the 120 day pay and investigate provision that: If the carrier is uncertain of its obligation to provide all benefits or compensation, the carrier shall immediately and in good faith commence investigation of the employee' s entitlement to benefits under this chapter and shall admit or deny compensability within 120 days after the initial provision of benefits. If the carrier does not deny liability within 120 days it waives the right to contest compensability, unless it discovers later facts that could not have known within 120 days. Read FL 440.20(4). The 120-day period begins when the employer/carrier first provides benefits (also referred to as the “initial provision of benefits”) which often is the date a claimant first visits an authorized physician. Here is a recent case discussing the rule. | | |
Federal Contractor 2022 Higher Minimum Wage Rescinded
Compensation. President Trump issued an executive order (EO) that immediately rescinded EO 14026, which was the 2022 EO signed by President Biden that had significantly increased the minimum wage for certain federal contractors working on contracts that were signed, renewed, or extended on or after January 30, 2022. Beginning January 1, 2025, the Executive Order 14026 minimum wage rate was going to increase to $17.75 per hour. With the recision of EO 14026, federal contractors must be paid at least as much as required by previous EO 13658.
| | | What are the steps of a basic harassment investigation? | | |
Answer: Follow a 4 step approach for success.
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Impartial Investigator. Select impartial manager, HR rep or company officer. Ideally, they have completed training on conducting a harassment investigation.
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Interviews. Speak to complainant, witnesses and review related documents and images. Next, interview the alleged harasser, any relevant witnesses and documents. Open ended, unbiased questions. Take written statements.
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Make a Decision and Take Action. If a violation of policy occured, then discipline and/or train, or take other employment action can be taken. Document the investigation and actions.
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Inform the Complainant. Let them know what happened., but don't share the specific disciplinary measures. Remind employee about non-retaliation.
Read some tips for employers conducting investigations.
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