The Washington Report
If you elect to comment or engage with our content via third-party social media websites, you authorize Aon to have access to certain social media profile information. Please click here to learn more about information that may be collected when using these tools on Aon.com
July 22, 2020
Note to subscribers: Due to the current environment, information is changing at a rapid rate. While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change or be revised after our publication deadline. Stay healthy and safe! ~The Washington Report team
Legislative
Congress Returns to Consider COVID-19 Relief Package
Legislators returned to the Hill this week to consider several government spending bills as well as another COVID-19 relief package. The House and Senate have approximately three weeks to reach consensus before the upcoming August recess.
Health
IRS Publishes Draft Forms 1094/1095-C
On July 13, 2020, the Internal Revenue Service (IRS) published the text of Draft 2020 IRS Form 1094-C: Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns and Draft 2020 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage. These health insurance information forms are used by employers and plans to report insurance coverage under the Affordable Care Act.
The Draft 2020 IRS Form 1094-C: Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns is available here.
The Draft 2020 IRS Form 1095-C: Employer-Provided Health Insurance Offer and Coverage is available here.
Other HR/Employment
As Businesses Reopen, DOL Provides Additional Questions and Answers Guidance on Wage and Hour Rules, FMLA, and FFCRA
On July 20, 2020, the Department of Labor (DOL) published additional guidance for employees and employers on how the protections and requirements of the Fair Labor Standards Act, the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) affect the workplace as workplaces reopen amid the COVID-19 pandemic. The guidance from the DOL’s Wage and Hour Division includes commonly asked questions and answers that address critical issues in all three laws. The latest guidance updates issues related to remote work, furloughed employees, and flexible work arrangements (Questions and Answers 94–97).
In addition to the Questions and Answers guidance, the DOL provides other compliance materials, including a Fact Sheet for Employees and a Fact Sheet for Employers. The DOL has also produced two guidance posters, one for federal workers and one for all other employees, that fulfill notice requirements for employers obligated to inform employees of their FFCRA rights; Questions and Answers about posting requirements; and simple Quick Benefits Tips to determine how much paid leave the FFCRA allows workers to take.
The news release is available here.
The updated Questions and Answers are available here.
The Fact Sheet for Employees is available here.
The Fact Sheet for Employers is available here.
DOL Enhances FMLA Forms and Publishes RFI Seeking Public Comment on FMLA Administration and Use
On July 16, 2020, the DOL’s Wage and Hour Division (WHD) announced steps to “streamline optional-use forms that workers can use to request and employers can use to coordinate leave under the FMLA. The new forms are simpler and easier for employees, employers, leave administrators, and health care providers to understand and use. Revised with substantial public input, the forms include more questions that users can answer by checking a response box and electronic signature features to reduce contact. WHD believes the changes will reduce the time users spend providing information, improve communications between leave applicants and administrators, and reduce the likelihood of violations.”
On the same day, the DOL also published a Request for information (RFI) seeking public input on the FMLA’s administration and use. According to the DOL, the information provided will help identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law and employees are informed about their rights and responsibilities in using FMLA leave. Comments on the RFI are due by September 15, 2020.
The news release is available here.
The RFI is available here.
FMLA forms are available here.
DOL Publishes RFI on Effectiveness and Impact of Paid Family Leave on Women and Families
On July 15, 2020, the DOL published an RFI on the effectiveness and impact of paid family leave on women and families. Specifically, the DOL’s Women’s Bureau is requesting comment on the effectiveness of current state- and employer-provided paid leave programs and the impact that access or lack of access to paid leave programs has on women and their families. The information provided will help the DOL “identify promising practices related to eligibility requirements, related costs, and administrative models of existing paid leave programs.” Comments are due no later than September 14, 2020.
The news release is available here.
The RFI is available here.