Injury Tracking Application Update

This is a reminder for ambulance service providers that the deadline for submitting your OSHA Form 300A Injury Data electronically through OSHA’s Injury Tracking Application (ITA) is March 2, 2020. All employers are required to electronically submit a summary of their workplace injuries to OSHA. The Form 300A Summary of Workplace Injuries is the same information that employers are required to post annually from February 1 through April 30 in all work locations. If you have not already done so, make sure you submit your information no later than March 2, 2020. This requirement applies to all employers in any state. Even if your state has an OSHA approved state-level workplace safety plan. If you need any assistance, please contact the AAA for guidance....

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January Law Changes– OR, NJ, NY, NV

Oregon Pregnancy Accommodations Law   Following many other states, the new law prohibits employers from deny employment opportunities to applicants or employees who need reasonable accommodations due to or related to their pregnancy or childbirth.  New Jersey Pay Inquiry Restrictions   This law prohibits screening candidates based upon an applicant’s prior wage history. It is also illegal to establish a job candidate’s salary or benefits compensation based upon their prior salary or wage history. New York Pay Inquiry Restrictions   This law prohibits all employers from inquiring about a job candidate’s wage history or relying on prior wage levels in establishing compensation or benefits. Nevada Pre-Employment Marijuana Testing Restrictions   This law exempts employees who are firefighters, EMTs or who operate motor vehicles during the course of their duties.  While this would eliminate many positions within an EMS agency.  EMS employers who are not Federal Contractors or Grantees, need to heed these restrictions for those positions within their organization that do not fit into one of the exempt positions below....

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Fair Labor Standards Act (FLSA) Overtime Update

The U.S. DOL issued the final rule that will update the overtime provisions of the Fair Labor Standards Act (FLSA) beginning on January 1, 2020. Under the final rule, nearly 1.3 million workers who were previously exempt from overtime pay will now be eligible. These changes, which were initially proposed by the Obama Administration in 2015, were updated under the Trump Administration this year to provide an increase to the minimum salary level under the so called “white collar” exemptions. The minimum salary level will increase from $455 per week to $684 (new level $35,568 annually) for those employees who meet the “white collar” positions as Executive, Administrative, Professional or Computer employees.  Services are encouraged to conduct an analysis of all positions that they currently pay on an exempt salary basis to ensure that these roles will continue to meet the exemption requirements under the new FLSA provisions. Assistance is available for all AAA members. Please email info@ambulance.org with any questions....

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Proposed Rule Impacts Employer Sponsored Health Plans

A proposed rule published on November 27th by the IRS, U.S. DOL, and HHS would place new requirements on group health plans and health insurance providers. The rule would require providers to disclose cost-sharing information to participants, beneficiaries, and other covered individuals which would outline their liability to pay certain cost-sharing amounts and out-of-pocket expenses. This rule is part of a Trump Administration effort to foster competition among insurers and healthcare providers in the marketplace. An article published by the Society for Human Resources Management (SHRM) outlines the concerns many employers have regarding the costs associated with implementing the requirements of the proposed rule. These requirements include providing plan enrollees with an online self-service portal where they can see these cost-sharing amounts, as well as require greater collaboration between third party plan administrators, pharmacy benefit managers, and other specialty providers to ensure the accurate disclosure of enrollee financial obligations. Comments on the proposed rule are due by January 14, 2020....

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U.S. Department of Labor Issues Final Overtime Rule

U.S. Department of Labor Issues Final Overtime Rule The U.S. Department of Labor (U.S. DOL) issued the final FLSA overtime rule which will make nearly 1.3 million workers eligible for overtime pay. In the announcement published yesterday, the DOL finalized the first updates to the Fair Labor Standards Act (FLSA) in fifteen years. This ends a several-year battle over the adjustments to the FLSA which have continued since they were initially published in 2015 during the Obama Administration. The new rules become effective on January 1, 2020, which will give employers a few months to prepare. The changes to the FLSA include updates to the standard salary level for each of the exemptions to the overtime provisions. Under the new rule, the minimum salary threshold would increase from the current level of $455 per week ($23,660 per year) to $684 per week (equivalent to $35,568 per year). In addition, the Highly Compensated Employee (HCE) salary level is increasing from $100,000 to $107,432 annually. Also, the rule permits incentive pay and bonuses to count towards up to 10% of the standard salary level provided it is paid at least annually. These changes will require that employers conduct an analysis of any...

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Nevada Passes Law that Restricts Employer Drug Test Use in Hiring

A new Nevada law that bans employers from refusing to hire job candidates who fail a drug test due to the presence of marijuana has specifically carved out Fire, EMS, or employers whose employees must operate a motor vehicle.  The new law, which was signed by Governor Sisolak on June 5th makes it unlawful for most employers to fail to hire a job candidate on the basis of failing a drug screen due to the presence of marijuana.  Nevada is the first state to pass a law of this nature.  The new law takes effect in 2020. Many employers are struggling to address their employee’s drug use and its impact on the workplace as thirty-three (33) states and the District of Columbia have passed laws that legalize marijuana in some form.  This is particularly difficult with EMS and public safety employers.  Generally, most EMS and public safety employers prohibit employee use of marijuana and other drugs because they are federal contractors and are subject to the Drug Free Workplace Act.  Other employers prohibit employee drug use because EMS personnel perform “safety sensitive” positions as defined under the Department of Transportation Regulations.  However, those employers who are not subject to the...

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EEO-1 Reporting Requirement Update

In February the American Ambulance Association (AAA) alerted members that the Equal Employment Opportunity Commission (EEOC) had announced that it has postponed the opening of EEO-1 data reporting until early March and also extended the deadline for employers to submit their EEO-1 data until May 31, 2019.  Each year, certain federal contractors and employers with 100 or more employees are required to report the EEO-1 Component 1 data which includes information about gender, and race/ethnicity of the employer’s workforce by job type groupings.  This data is used by the EEOC to ensure compliance with the Federal non-discrimination laws. In 2016, the Obama administration required that covered employers report wage and hour data (Component 2) along with their EEO-1 Component 1 data starting in 2017.  However, the Trump administration suspended the EEO-1 pay and hour reporting (Component 2) requirements stating that they were too burdensome for employers.  ON March 4, 2019, after a lengthy legal proceeding, a federal judge lifted the Trump administration stay on wage and hour reporting stating that there was no reason to delay this reporting the Component 2 data. Last week, the EEOC announced that it will collect pay and hour data for the 2017 and 2018...

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The Paycheck Fairness Act

Following many states that have enacted laws geared towards preventing or eliminating inequities in pay between men and women, The Paycheck Fairness Act which was introduced on March 27, 2019, will prohibit employers from asking job applicants about their salary histories or using those histories to base pay or compensation rates.  The Act would require that employers to justify any pay disparities as job-related and would also permit employees to file class action lawsuits based on pay discrimination.  Numerous states around the country have passed laws that prohibit pay history inquiries.   It is strongly recommended that employers conduct a wage analysis to identify any pay disparities between individuals from any of the protected classes performing comparable work....

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