Articles Include: OMB Circulars Proposal, Equal Access to CAA Programs, Health Care Reform: Pay or Play Q&A, Heath Care Sidebar: Is Your CAA a Large Employer, and DAB Decision
CAPLAW and ABCD welcome you to our own backyard, with a visit to
three neighborhood community action sites on the forefront of innovative programming. We will visit the Elm Hill Family Service Center, the Dorchester Neighborhood Service Center, and the Mattapan Family Service Center.
If you have already registered and would like to add the pre-conference tour, please call Gove Group at 412.431.5087.
Employee Benefits Check-Up: Are You Ready for the Affordable Care Act? Presented by Sheldon J. Blumling, Esq., Fisher & Phillips LLP
Managing the Changing Face, Risk and Cost of Discrimination Presented by Merrily Archer, Esq., EEO Legal Solutions
Tackling Tricky Wage and Hour Topics Presented by Rick Pins, Esq., Leonard Street and Deinard
Navigating an Employee Request for Accommodation Presented by Andria Lure Ryan, Esq., Fisher & Phillips LLP
A Cup of Alphabet Soup To Cure A Few FMLA Ills Presented by Mitzi Martin, Esq., Faegre Baker Daniels LLP
Comment NOW on Proposed OMB Super Circular
The deadline by which Community Action Agencies (CAAs) may send in comments regarding the Office of Managmenent and Budget's (OMB) proposed super circular has been extended to June 2, 2013. With the super circular, OMB proposes to merge eight circulars (Circulars A-50, A-102, A-110, A-21, A-87, A-122, A-89, and A-133) into one uniform set of cost principles, audit and administrative requirements for all types of entities that receive federal financial assistance, including CAAs. For more information about how some of the proposed revisions affect CAAs, see the recent CAPLAW Legal Update article, OMB Proposes Consolidation of Circulars.
CAPLAW continues to analyze the proposed changes and plans to submit comments on them. Please contact Stephanie Knechtle at firstname.lastname@example.org if there are particular issues on which you would like us to comment. If you would like to submit comments yourself, you must do so electronically at www.regulations.gov by midnight Eastern Time on June 2, 2013.
As of May 7, 2013, employers must use the new Form I-9 (Rev. 03/08/13). Note that the revision date is printed on the lower left hand corner of the form. Unless the employer is in Puerto Rico, the English version of the form must be filed. The form has new fields in Section 1 which ask for the employee’s telephone number and
e-mail address, as well foreign passport information if applicable. Entering the telephone number and e-mail is optional. If the employee does not wish to provide this information then N/A should be entered. The instructions for the form have also been revised to more clearly explain the employer and employee responsibilities when filling out the form. For more information about the revised Form I-9, see this legal alert from the law firm Ballard Spahr, LLP.
NEW EEOC Guidance About Applicants/Employees Who Experience Domestic/Dating Violence, Sexual Assault, or Stalking
The U.S. Equal Employment Opportunity Commission (EEOC) recently released Q&A Guidance for employers regarding employment decisions that potentially discriminate against applicants or employees who experience domestic or dating violence, sexual assault or stalking. The guidance explains that even though Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color, sex, religion, or national origin, and the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability, these federal laws do not specifically prohibit discrimination against applicants or employees who experience domestic or dating violence, sexual assault, or stalking. As a result, employers may overlook potential employment discrimination and retaliation against these individuals. The guidance therefore provides examples that illustrate how Title VII and the ADA may apply to employment situations involving these applicants and employees.
The American Taxpayer Relief Act of 2012 extended the Work Opportunity Tax Credit (WOTC) for qualified tax-exempt employers that hire qualified veterans before January 1, 2014. The credit is claimed against the employer’s share of social security tax on wages paid to all employees of the organization during the 1-year period beginning the day the qualified veteran begins employment. The following FAQ from the Internal Revenue Service provides information on who is a qualified veteran, what constitutes a qualified tax-exempt employer and how to properly calculate the credit.
In light of the sequestration budget cuts, many Community Action Agencies (CAAs) are looking for ways to reduce costs associated with their workforce. A CAPLAW Legal Update article, Evaluating Cost-Saving Workforce Options in Leaner Times, offers CAAs some cost-saving worksforce options to consider - from laying off staff to reducing hours to freezing wages - and discusses the legal implications of each option.
This e-News Bulletin is part of the National T/TA Strategy for Promoting Exemplary Practices and Risk Mitigation for the Community Services Block Grant (CSBG) program and is presented free of charge to CSBG grantees. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0433. Any opinion, findings, and conclusions, or recommendations expressed In this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.