The latest news relevant to you and your business
End of COVID-19 Public Health Emergency: May 11
End of COVID-19 Public Health Emergency: May 11
On January 30, 2023, the federal government announced that the two national emergencies addressing COVID-19, the public health emergency (PHE) and the national emergency, will end on May 11, 2023. Starting May 12, 2023, health plans and group plan sponsors will no longer be subject to federal requirements for coverage of COVID-19 testing, vaccinations and treatments. Therefore, there may be changes you should be aware of regarding your health insurance plan and COVID-19.
Please share this information with your employees.
2023 Medicaid Renewal Process
Medicaid renewals are returning!
Prior to the COVID-19 pandemic, Medicaid redeterminations/recertifications were annually performed. Since the COVID-19 public health emergency order has ended, Medicaid renewals will restart on an annual basis. This change began April 1, 2023. Read below for detailed information on this update and share it with your employees.
Medicaid status
If you or your employees are enrolled in Medicaid, maintaining your eligibility can depend on several factors, including changes in income, household size, age, and disability status. State Medicaid agencies started processing eligibility redeterminations on February 1, 2023 and began terminating coverage for people who no longer qualify on April 1, 2023. If you are enrolled in Medicaid, the exact date of your renewal will depend on your state. Your state Medicaid agency should contact you with instructions on any action steps you may need to complete.
Coverage options
If you no longer qualify for Medicaid and your enrollment is being terminated, there are ways to stay covered. Losing Medicaid coverage is known as a “qualifying life event” because it may impact your health insurance. Experiencing a qualifying life event means you can enroll in a new health plan right away as part of a special enrollment period.
Most people have 3 options:
- A health plan through work
- A health plan offered through the Health Insurance Marketplace at healthcare.gov
- Medicare, if you are 65 or older
If you need to sign up for another health plan, the special enrollment period is typically 30 or 60 days.
Special enrollment
If you miss your special enrollment period, you’ll have to wait until the next annual open enrollment period to sign up for coverage. These typically start on November 1, for start dates of January 1. Once enrolled in a new health plan due to a special enrollment period, your coverage typically starts on the first day of the month following eligibility.
Please click here for additional information or reach out to your HRBP for questions or concerns.
COMPLIANCE
Nursing Mothers Law Amends FLSA Rules
Congress recently enacted the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP), as part of the Consolidated Appropriations Act, 2023. The PUMP Act amends the Fair Labor Standards Act (FLSA), requiring all FLSA-covered employers to provide (1) a reasonable break time, as needed, and (2) a private space to express milk for up to 1 year after the child’s birth. In addition, employers must provide a private space shielded from view, which co-workers cannot access, and that space cannot be a restroom. Teleworkers are also covered under PUMP. Unlike the old FLSA rule, this law protects exempt and non-exempt employees.
Who must comply with PUMP?
All employers that FLSA covers are subject to PUMP. But, if the business has fewer than 50 employees and the company can show that compliance will create an undue hardship, it may be exempt from complying. The law does not currently apply to employers of flight attendants, pilots, or railway workers.
Do employers have to pay for pumping breaks?
It depends. If your business does not already provide paid breaks, the law does not require that pumping breaks be paid. But, if your business does provide paid breaks, then the employee may use that paid break time for pumping.
When does enforcement of the law begin?
April 28, 2023.
What happens if the employer doesn’t comply?
Unlike the old FLSA rules, employees can now directly sue the employer. Employees may also file a complaint through the Department of Labor. Remedies include employment reinstatement, promotion, and payment of lost wages and can also include liquidated damages, compensatory damages, and punitive damages.
Employer Resources
A DOL fact sheet on break times for nursing mothers can be found here. Additional DOL resources can be found here.
PrestigePEO is here to help! If you have any questions about PUMP, accommodations for nursing mothers, or accommodations for pregnant employees, please reach out to your HR Business Partner.
Are Remote Employees and Teleworkers FMLA eligible?
The Department of Labor recently released new guidance on how the Family Medical Leave Act (FMLA) applies to remote employees and teleworkers.
As a reminder, FMLA eligibility requirements are:
- The employee has worked for a covered employer for 12 months or more;
- The employee has worked at least 1,250 hours for that employer during the 12 months immediately preceding the leave; and
- The employer has 50 or more employees within a 75-mile radius of the employee’s worksite.
The new DOL guidance focuses on the 3rd eligibility requirement: the employer has 50 or more employees within a 75-mile radius of the employee’s worksite. Importantly, DOL considers “employee’s worksite” to be where their work assignments originate, not where the employee is physically located. For example, if the employee works from home, but the employee’s assignments come from their supervisor, who works in the corporate office, then the “worksite” is the corporate office. If the worksite where their assignments originate from has 50 or more employees within 75 miles, the 50-employee threshold has been met.
Here to help!
Need help navigating teleworker and remote employee rights? PrestigePEO can provide the tools you need to protect your business interests. Please contact your HR Business Partner with any questions you might have.
Reminder: FLSA Pay and Break Time Laws Also Apply to Teleworkers and Remote Employees
The Department of Labor (DOL) has recently provided guidance to ensure that remote employees and teleworkers are adequately paid and receive reasonable break time in compliance with the Federal Labor Standards Act (FLSA).
Breaks of 20 mins or less count as compensable hours worked.
Employers must treat this time as worked hours, regardless of whether the employee has worked from home, the employer’s job site, or another location not controlled by the employer.
Breaks longer than 20 mins and meal breaks, which are typically 30 mins or more, are not considered hours worked.
Periods of 20+ minutes in which employees are completely relieved from all work duties are not considered paid time under the FLSA. But, if the employee is not considered free from all work duties, then the time is still counted as hours worked.
Employers should review their pay practices to ensure that they are not improperly deducting employee breaks which are less than 20 minutes.
Talk to us!
Need help navigating teleworker and remote work employee rights? PrestigePEO can provide the tools you need to protect your business interests. Please contact your HR Business Partner with any questions you might have.
FinFit is an incredible service you and your employees can take advantage of and get started right away! With your FinFit Financial Wellness benefit, you can access educational tools and resources to help you live a more financially secure life. FinFit is not dependent on the enrollment of any other benefits. Clients and their employees can enroll at any time during their tenure and can disenroll at their will as well. Now is the perfect time to improve your financial knowledge and establish healthy money habits.
Your situation is unique and your FinFit experience is all about what you need.
- Take the Financial Assessment to receive a recommended roadmap with the resources and tools you need to achieve your goals.
- In Ready University, you can get your own personalized playlist of courses based on your financial goals.
- Follow your recommended path to start establishing healthy financial habits.
Ready to get started? Chart your financial literacy path! Log in to FinFit through the PrestigePRO Employee Portal.
Did you know you can receive your paycheck up to 2 days early?
It’s possible when you set up direct deposit of your paycheck into a FinFit Spending & Savings Account. FinFit Spending & Savings Accounts are completely free. No minimum balance required, no service fees.
Open your Spending and Savings Account + set up direct deposit = get paid up to 2 days before pay day!
FinFit is a financial technology company and is not a bank. Banking services provided by Choice Financial Group; Member FDIC. Early access to direct deposit funds depends on the timing of the submission of the payment file from the payer. We generally make these funds available on the day the payment file is received, which may be up to two days earlier than the scheduled payment date. However, this availability is not guaranteed.
DIVERSITY, EQUITY, & INCLUSION (DEI)
Do you have a mentor? Let's talk DEI through mentorship programs.
Creating an inclusive work culture has many benefits. But it can often take a long time to achieve as many organizations are in the beginning stages of implementing Diversity, Equity, & Inclusion (DEI) strategies. A mentor program is one way to create a diverse, equitable, and inclusive workplace culture that attracts and retains talent. Read more about it in our latest blog post!
Feedback
We’d love to hear from you. Whether you have an idea for a future newsletter, or if you’re interested in being a podcast guest, let us know! Additionally, if you’d like more information on our services or programs, we can certainly accommodate that as well. Email marketingteam@prestigepeo.com today!
