Legal/Compliance Roundup - March 2024

Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources. 

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Federal Prescription Data Reporting Updates

RxDC reports for calendar year 2023 are due June 3, 2024 in accordance with the Title II, Division BB of the Consolidated Appropriations Act of 2021.

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While this information is usually submitted by carriers, pharmacy benefits managers, and third party admins - these entities will often need to seek out information directly from employers and can be expected to do so as the submission deadline approaches.

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Some of the noteworthy updates to this year’s submission instructions include:

• Clarification that nutritional supplements, over-the-counter medication, and medical devices are not to be included on lists of prescription drugs;
• Simplification of the total monthly premium calculation, now computed by dividing the total annual premium by twelve;
• Simplification of premiums calculation accounting for paid claims instead of incurred claims;
• Addition of a new column to input enrollment data; and
• Instructions on how to submit large data files that exceed the maximum allowable limit, as well as updated instructions on how to input various other data;

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Click here for the Centers for Medicare and Medicaid Services 2023 instruction guide for RxDC submissions.

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2023 EEO-1 Component 1 Submissions Due Date Approaching

Collection of EE0-1 Component 1 data will open on April 30, 2024 - with a final deadline for EEO-1 Component 1 submissions currently set for June 4, 2024.

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Check the Equal Opportunity Employment Commission (EEOC) website for updates as well as an instruction booklet and file submission specifications, which the EEOC expects to have posted by March 19, 2024. 

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This filing must be submitted by every company that has 100 or more employees across all locations and/or is affiliated with a company that has 100 or more employees through common ownership or centralized management. 

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Further, this filing must also be submitted by any company with 50 employees or more that has a contract with the federal government worth at least $50,000 or has an establishment that holds a federal contract worth at least $50,000. 

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Companies or establishments thereof that are federal contractors and serve as depositories of federal funds no matter how much or how little, as well as financial entities that are issuing and paying agents for US Savings Bonds and Savings notes must also submit this form. 

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Updates regarding the timely, etc. will be posted here on the EEO-1 website.

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OSHA Form 300-A Electronic Submissions Past Due

Electronic submissions of form 300-A was due March 2, 2024 for non-exempt companies and establishments, which include firms that had 250 or more employees during 2023, or 20 or more employees in industries designated as high risk. 

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Form 300 and 301 was also due on March 2 for qualifying institutions, which include firms in high-hazard industries that had 100 employees or more during 2023.

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Click here for more information about how and where to submit these forms in addition to guidance in determining what your organization is required to submit.  

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Employee vs. Independent Contractor Classification

As of March 11, 2024, the Department of Labor effectively reverted back to ‘the economic reality’ test for determining whether a given worker should be classified as an employee or as an independent contractor.

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The economic reality test takes into account the following 6 factors when evaluating a workers employment status and classification:

• Whether it is possible for the worker to either profit or lose money as a result of the arrangement;
• What investments have the employer and worker each made toward completing the work;
• Is the work relationship a more permanent arrangement or more temporary;
• How much control does the employer exert over the worker’s process;
• How crucial is the worker’s output to the employer’s business; and
• The levels of skill and initiative possessed by the worker.

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You can find more information from the DOL on determining employee and contractor status here.

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Employers Rejecting Job Applicants Due to Credit Reports Must Now Provide Credit Rating Agency Info 

As of March 20, 2024 enforcement began for Consumer Protection Bureau’s rule requiring Employers that reject job applicants due to information obtained through a credit report to provide the rejected applicant with information about the credit reporting agency from which the report was obtained, including name, address, and telephone number.

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This rule, which went into effect in April of 2023, is an update to 2018’s Summary of Your Rights Under The Fair Credit Reporting Act.

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You can read more about the new rule, its impact, and enforcement here.