VertiSource HR | HRIS and HR Outsourcing

Day: May 28, 2024

TLDR:  Miss one meal break, pay one hour of penalties. Do it repeatedly? You could face six figures in a PAGA claim.  In California, employees can file lawsuits under the Private Attorneys General Act (PAGA) for meal break violations—even if no one files a formal complaint with the Labor Commissioner.  For example, an employer who

FinCEN’s March 2025 Rule Lifts Reporting Burden for Domestic Companies On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) announced a major change to the Corporate Transparency Act (CTA) reporting rules. U.S. companies and U.S. persons who are beneficial owners of U.S. entities are no longer required to report Beneficial Ownership Information (BOI) to

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Artificial intelligence (AI) is revolutionizing workplace safety—offering real-time hazard detection, predictive analytics, and automated compliance. AI-powered systems can reduce workplace injuries, improve compliance, and enhance efficiency. However, AI also introduces legal, ethical, and operational risks that businesses must address. Here’s what every company needs to consider before integrating AI into their workplace safety strategy. How

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An Update to the Corporate Transparency Act: Beneficial Ownership Information Reporting Requirements Update (March 5, 2025): Since the original publication of this article, the U.S. Treasury and FinCEN have announced a suspension of penalties and enforcement for BOI reporting requirements for domestic entities. Additionally, the Treasury Department is considering revisions to the rule that may

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Since returning to office, President Trump has taken executive actions to remove DEI initiatives and programs from the workplace. However, sixteen state attorney generals have issued a letter stating that DEI should remain legal. Their message is that well-structured DEI programs are lawful and are crucial in fostering fair, compliant, and productive workplaces. The Attorney

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With federal workplace regulations easing, state and local pay transparency laws are tightening. Many states now require salary disclosures in job postings, and employers must adjust by the end of the year to avoid penalties. Here’s what you should know and five key tips to stay compliant. 1. Monitor State and Local Laws 2. Understand

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Federal workplace safety officials have finally started finalizing plans to eliminate the Biden administration’s old COVID-19 regulation. OSHA plans a broader infectious disease standard, and with the Trump administration signaling a less regulatory focus than the previous regime, this will mean new compliance obligations for healthcare workers across the country. Background on COVID-19 Regulation At

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Insights by VertiSource HR The U.S. Department of Labor has announced higher penalties for workplace safety violations in 2025, reflecting annual adjustments to OSHA’s maximum civil penalties. These increases, effective January 16, apply to all workplace safety citations, including those tied to open inspections. Here’s what you need to know about these changes and how

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As of January 1, 2025, employers in California must comply with updated labor and employment law obligations—including a new requirement related to whistleblower rights. The Whistleblower Notice Under California law, employers must display a notice informing employees of their rights and protections under the state’s whistleblower laws. Assembly Bill 2299, signed into law last summer,

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New minimum wage and salary thresholds have taken effect across Colorado. With these new changes, there are a few things businesses need to consider and do to meet compliance. The Increased Minimum Wage The statewide minimum wage has increased to $11.79 per hour for those who receive tips and $14.81 for those who don’t. However,

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The 5th Circuit Court of Appeals has stopped enforcement of the Corporate Transparency Act again, which means businesses do not need to meet compliance by the original January 13, 2025 deadline. The Timeline of Development 2021: Congress passed the Corporate Transparency Act and set a deadline by January 1, 2025. December 3, 2024: A Texas

Overview A recent ruling by a federal appeals court has reactivated employer reporting requirements under the Corporate Transparency Act (CTA), with a new compliance deadline set for January 13. After a lower court temporarily blocked enforcement, the 5th Circuit Court of Appeals issued a decision on December 23 allowing the government to move forward with

The IRS has announced an increase in the standard mileage rate for 2025, raising it by 3 cents per mile. Starting January 1, the rate for business-related driving will rise to 70 cents per mile, up from 67 cents in 2024. Mileage rates for other purposes, however, will remain the same as this year: These

Have you ever been curious about workplace incidents? OSHA recently publicized details on the nearly 900,000 reported workplace injuries and illnesses recorded in 2023, which could possibly result in increased scrutiny toward employers from OSHA and the public alike. The OSHA Report With this data published, all the detailed information is available for the public

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Colorado’s attorney general’s office recently updated the Colorado Privacy Act (CPA) rules to introduce new obligations related to biometric data, employee biometrics, children’s privacy, and interpretive guidance for 2025. Key Changes With New Rules Three key changes will impact Colorado’s data privacy. 1. New Notice and Consent Requirements for Biometric Privacy Starting July 1, 2025,

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New OSHA regulations will mandate that construction employers provide personal protective equipment (PPE) that properly fits workers based on their unique body types beginning in January 2025. PPE for Construction Workers Personal protective equipment (PPE) is clothing or equipment that protects the wearer from injury or illness caused by exposure to hazards. Properly fitting PPE

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In Florida, a state appellate court just issued a ruling that will raise the bar for whistleblower claims and make it easier for employers to defeat lawsuits before trial; however, this has created conflict with another issue. On November 20, Florida’s First District Court of Appeal ruled that plaintiffs filing claims under the Florida Private

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As your trusted partners, we provide an overview of recent legislative changes effective in 2025. US DOL Overtime Rule Halt: Courts have ruled that the U.S. Department of Labor (DOL) exceeded its authority by raising the threshold too high, first from $35,000 to $44,000 and then to $59,000, and permitting automatic adjustments every three years.

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Less than two months before the effective date, a federal judge stopped an overtime ruling that would boost salary for “white collar” exemptions. The court ruled that the U.S. DOL exceeded its authority—not only did they raise the threshold too high, but they were also going to allow automatic adjustments every three years. It is

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According to California Elections Code section 14001, employers must post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. These notices must be posted ten days before a statewide election. Additionally, the employee notice must be posted either in the workplace or where employees

hurricane winds in florida

With the most recent Hurricanes, Helene and Milton, impacting the western coast of Florida, many people have lost everything. Hurricanes can leave a devastating trail of destruction, impacting not only homes and communities but also your insurance rates. It’s common to see a rise in premiums after such events, leaving many wondering why and how

healthcare worker

A new minimum wage increase for California healthcare workers will finally take effect on October 16. This will raise the minimum wage to $21 and even $23 in some larger healthcare facilities. Gradually, increases will be made until healthcare employers comply with a $25 per hour minimum that will be adjusted for inflation each year.

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In Pittsburgh, a new anti-discrimination ordinance will likely be signed and prohibit employers from discriminating against employees or job applicants based on the individual’s status as a certified medical cannabis cardholder. The Anti-Discrimination Ordinance Pittsburgh’s City Council passed an ordinance to protect medical cannabis patients from discrimination in the workplace. Mayor Ed Gainey is expected

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A new bill was just signed in California that will ban captive audience meetings. These are mandatory meetings led by the employer to discuss religious and political matters. If an employer requires such a meeting, the California Worker Freedom from Employer Intimidation Act—or SB 399—will subject that employer to a civil penalty starting January 1,

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A new law signed into effect by Illinois Governor J.B. Pritzker will affect the use of AI in workplaces. Starting in 2026, Illinois employers will be required to provide notice to applicants and workers if they use AI during hiring, discipline, discharge, or other workplace-related processes. This will also prohibit potential workplace discrimination based on

Healthcare employers must prepare for a forthcoming OSHA rule focused on preventing workplace violence within the industry. By the end of the year, this proposed regulation will likely require healthcare facilities to implement comprehensive workplace violence prevention programs, adding new compliance obligations and potentially increasing legal risks.  The Occupational Safety and Health Administration (OSHA) plans

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Just weeks before the FTC’s non-compete ban was to take effect, a Texas federal court struck down the ruling nationwide. Originally, a Texas employer, the U.S. Chamber of Commerce, and a handful of other business organizations sued the FTC in federal court, seeking an order blocking the non-compete rule. On July 3, 2024, Judge Ada

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There can be many problems that arise with record retention requirements. Here are a few things to note for easier record retention. I-9 Forms I-9 forms are used to make sure individuals are authorized to work in the United States. It’s important to store employee I-9 forms for three years after the hiring process and

california state capitol

Starting July 1, a new California law requires most employers to implement a Workplace Violence Prevention Program (WVPP). If you haven’t yet familiarized yourself with these new requirements, now is the time to ensure your organization is compliant. The law mandates that employers develop a written Workplace Violence Prevention Plan, train staff on violence-related issues,

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According to the U.S. Citizenship and Immigration Services, employers can now use the most recent I-9 form until May 31, 2027. The goal of the I-9 is to verify a worker’s identity and employment eligibility in the United States. HR professionals must make sure they’re using the form with an Aug. 1, 2023, edition date.

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It’s important to check recordkeeping processes when an employee goes on leave under FMLA. This will be helpful if any issues arise. The Basics of FMLA Recordkeeping It’s recommended that FMLA recordkeeping audits be conducted periodically to ensure records meet compliance. FMLA records must be retained for a minimum of three years. HR is free

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A landmark Supreme Court ruling gives employers a powerful tool to fight regulatory overreach. This ruling will impact workplace law in almost every industry. The SCOTUS Ruling In June, the SCOTUS overturned the Chevron doctrine, holding that courts may not defer to an agency’s interpretation of an ambiguous federal statute. What Could This Mean for

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In the California case Paleny v. Fireplace Products, it was concluded that workers could not claim mistreatment following egg retrieval and freezing as pregnancy discrimination. However, despite this, employers still need to be careful because employee rights and protections have been expanded in the state. Court Case: Paleny v. Fireplace Products From May 2018 to

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Although an order to block the FTC’s non-compete ban was issued, it was rejected in Pennsylvania federal court. It was blocked because they ruled that the employer’s argument was an improper exercise of the agency’s authority, which conflicts with a ruling issued by a Texas federal court earlier this month. This creates more confusion for

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California employers that post a soon-to-be-released notice about whistleblower protections will be deemed in compliance with state law. Governor Newsom just signed AB 2299, which will require the California Labor Commissioner to create a model template and concrete path to compliance. Existing California Law The existing law requires employers to post certain workplace notices; however,

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Employees in New York now have the right to take paid break times during the workday to express breast milk. Here is what employers need to know about this new lactation law. Employees who Nurse Have More Rights Now The State of New York amended its Labor Law to require employers to provide nursing employees

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The issue of regulating AI has been circulating amongst federal, state, and local legislation. With this, the California Civil Rights Department has proposed a few regulations to protect against employment discrimination in automated decision-making systems. Proposed AI Regulations To protect against discriminatory acts during the employment process, the CRD has proposed clarifying that if an

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Although this is a big Presidential Election year, there are still many other important things on the California ballot that voters will need to be aware of. What Will Be On the Ballot? Statewide minimum wage of $18 Proposition 47 Reform: increased criminal penalties for drug abuse, retail theft, and other related crimes Lower tax

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With recent unexpected difficulties, two bills that would’ve altered California’s unemployment insurance (UI) aren’t advancing this year. California’s UI Background The UI program was created as part of the Social Security Act of 1935. It’s a unique federal-state program that provides weekly benefits up to 26 weeks to unemployed (or underemployed) workers actively seeking work.

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The California Occupational Safety and Health Standards Board recently voted to adopt a new heat illness standard for indoor work areas, which is expected to take effect on August 1, 2024. With the standard coming into effect soon, here are a few things employers need to know. Requirements when Temperatures Rise to 82 Degrees When

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The PAGA ballot was recently held on June 27, 2024, and the reform was signed into effect on July 1, 2024. The PAGA Reform Elements The overhaul of PAGA included legislation SB 92 and AB 2288. These two bills will limit the types of employees who can bring claims, allow employers to cure mistakes, reduce

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SB 525 was enacted in California last year to raise the minimum wage for many healthcare employees. With this law, the minimum wage would be raised to $21 in most facilities and as high as $23 or $25 in other health centers. Although this law was set to start June 1, 2024, California’s governor, Gavin

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The Federal Trade Commission’s rule was temporarily blocked in Texas. However, this ruling only applies to five entities in the suit. For the rest of the country, nothing has changed quite yet, and the non-compete ban is still expected to take effect on September 4. What Happened in Texas? The U.S. Chamber of Commerce and

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Texas will not have to comply with new exempt salary thresholds for white-collar exemptions. However, this ruling is limited. The ruling only applies to the State of Texas as an employer; therefore, Texas private employers and other employers across the United States will still have the ruling come into effect. How Did This Happen? In

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A reform on PAGA, or the California Private Attorneys General Act, was recently proposed. If this legislation is passed, it would result in an overhaul that limits the types of employees who can bring claims, gives employers a better chance to cure mistakes, reduces possible penalties, and boosts procedural mechanisms that would reduce claims in

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Soon, Texas will be the newest state with a comprehensive consumer data privacy law. The Texas Data Privacy and Security Act will take effect on July 1 and will require many compliance steps. 1. How will This Apply to Businesses, Employment, and B2B? The law applies to an individual or entity that conducts business in

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At the start of the Mid-Year, we would like to remind you about the recent legislative changes that came into effect in 2024. As your trusted partners, we provide a brief overview below. RETALIATION: PROTECTIONS AND PENALTIES EXPANDED SB 497: Labor Code Sections 98.6, 1102.5, and 1197.5 were amended to increase employee Anti-Retaliation protections and

employees having a meeting around a table

Attention All Employers: Introducing VertiSource HR’s Comprehensive Workplace Violence Prevention Plan (WVPP) We’re excited to announce a significant milestone: Our meticulously crafted WVPP is now available! This essential document spans 35 pages of detailed, actionable strategies. Why Is This Important? Beginning July 1, 2024, most employers will be required to develop and implement a Workplace

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It seems the push for pay transparency isn’t going away, as Maryland and Washington, D.C., recently passed new pay transparency laws. Maryland’s Pay Transparency Law Prior to this new law, there was an existing law that took effect in October 2020. Under this law, employers were required to provide job applicants with a wage range

california sunset at the beach

For over a decade, California employers have been tasked to ensure their outdoor workers are protected from heat related injuries and illnesses. Measures such as a written heat illness prevention plan, temperature and wet bulb monitoring, designated places that provide shade, water and rest, and training on the many illnesses that can become prevalent when

employees jumping off the ground

Federal workplace law officials sued 15 employers in 10 states because they failed to file their EEO-1 reports. These lawsuits were filed in states like New York and North Carolina, and the employers included companies from retail, construction, restaurant, manufacturing, logistics, and service industries. In the suit, the EEOC alleges the employers did not submit

Just a day prior to its implementation, California Governor Gavin Newsom delayed the state’shealthcare minimum wage bill (Senate Bill 525) to July 1 to better align the increase with the state’sbudget. Authored by Senator Maria Elena Durazo, Senate Bill 828 to better coordinate state budgetprojections and its massive $73 billion budget shortfall. Senate Bill 525

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A new lawsuit was filed recently that challenges the Labor Department’s overtime rule. This new rule, expected to impact nearly 4 million workers, raises the salary threshold for “white-collar” exemptions from $35K to $44K starting July 1, 2024. Employees will need to earn at least this new threshold to even be considered exempt from OT

mountain views of denver colorado

On May 8, 2024, Colorado’s state legislature passed a bill imposing rules on the use of AI in businesses. Set to take effect in 2026, the law specifically targets the discrimination that arises from AI being used to make important business decisions, such as hiring and firing employees. The SB 205 Bill If the SB

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The federal government publishes a list of dates each month to inform immigrant applicants when to expect notification from officials to collect and submit required documentation. An Overview of June Dates for Employment-Based Adjustment of Status The June Visa Bulletin is of utmost importance for immigrant visa applicants. It provides crucial dates for when to

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Since 2007, VertiSource HR has provided turn-key outsourcing solutions to help companies seamlessly and efficiently handle essential functions. These solutions enable companies to focus on their core operations while staying compliant and up-to-date with all necessary regulations. Our Services Payroll We understand the intricacies of payroll management across all industries. Our outsourced payroll services are

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The Secure Act 2.0 contains several amendments that help improve the retirement system and the financial preparedness of Americans for retirement. The law continues earlier legislation that increased the age at which retirees are required to take Required Minimum Distributions (RMDs) and allowed workplace savings plans to offer annuities. This culminated years of discussion aimed

Company policies, procedures, and training might need to be updated in light of the new Equal Employment Opportunity Commission’s guidance. For the first time in 30 years, guidance on workplace harassment was updated to have protections for LGBTQ+ employees. And although this isn’t a governing law, the guidance is still useful for employers to know

Recently, new Title IX regulations were released that make significant changes to how institutions respond to sexual harassment and discrimination. These new regulations also mean that the 2020 changes that required live hearings and cross-examination are void. With the August 1, 2024 compliance date approaching, it is imperative that all institutions review and update their

The federal government made a groundbreaking move by finalizing an official rule to ban all non-competition agreements between employers and employees. With this rule, you will be prohibited from entering most new non-compete agreements and enforcing any existing ones, except for a small group of senior executives. Additionally, the law will require you to inform