The PrestigePEO Perspective – October 2024

PrestigePEO is proud to announce that CEO and founding partner Andrew Lubash has been honored with the 2024 Michaeline A. Doyle Award, recognizing his outstanding contributions to the PEO industry. Each year at the National Association of Professional Employer Organizations (NAPEO) conference, industry peers and leaders select a recipient who exemplifies a “relentless spirit and commitment to excellence.” Learn more about this prestigious honor and Andrew’s impact on the PEO industry!

Choosing the right benefits package can be a game-changer for attracting top talent and keeping your employees happy. Learn how to select the most effective benefits for your workforce and business.

Businesses can now take advantage of new Secure 2.0 tax credits with certain 401(k) options, which encourage employers to offer retirement savings support. Changes include an employer contribution credit for employers with fewer than 100 employees that offer defined contribution plans. Find out more about retirement planning with a PEO.

On September 13, 2024, the Massachusetts Supreme Judicial Court (the “SJC”), the highest state court in Massachusetts, issued its ruling in the case Bodge v. Commonwealth, SJC-13567. The case focused on employees exercising their right to take leave under the Paid Family and Medical Leave Act (“PFML”) and questioned if an employee is entitled to accrue benefits while on leave.  The SJC ruled that the statute governing PFML does not grant employees benefit accrual rights while taking leave under PFML. It does, however, require that upon return from their leave, the employee does not incur a loss of benefits accrued before their leave began. Employees are still entitled to maintain their health insurance while out on PFML but do not continue to accrue benefits such as vacation time, sick time, PTO, or other benefits linked to length of service.

Massachusetts Employers should review their current PFML policies and update them, if necessary, to reflect the recent SJC ruling. It is also important to clearly define employee rights when an employee requests to take leave under PFML to ensure that, in light of this SJC ruling, there is no ambiguity over what an employee is entitled to during their leave.

Need guidance on updating your PFML policy? PrestigePEO is here to support you every step of the way. Connect with one of our Compliance experts today to ensure your policies are clear and compliant.

As businesses and employees recover from Hurricane Helene’s impacts, employers must prioritize safety and compliance with relevant regulations. The Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) set forth essential guidelines that require employers to create a safe working environment, particularly around natural disasters like hurricanes.

The OSH Act’s General Duty Clause mandates that employers ensure a workplace free from hazards that could lead to severe injury or death, including those associated with hurricanes. Employers must develop Emergency Action Plans (EAPs) that detail evacuation routes, emergency contacts, and expected employee behaviors during emergencies. Comprehensive training on these protocols is necessary to prepare employees for potential disasters.

In the aftermath of a hurricane, employers must address any hazards that may have emerged, such as structural damage or hazardous spills. Providing necessary personal protective equipment (PPE) for employees involved in recovery and cleanup efforts is a requirement. Before reopening the workplace, a thorough hazard assessment should be conducted to guarantee safety.

Flexibility during the recovery process is essential. Employers may want to consider implementing remote work options, adjusting schedules to accommodate travel disruptions, and allowing leave for employees dealing with personal challenges due to the hurricane’s effects. When safety cannot be guaranteed, a temporary suspension of operations may be warranted.

Proactive planning is the cornerstone of effective disaster recovery. Employers should regularly review and enhance their disaster preparedness and response strategies, as this planning can minimize operational disruptions and safeguard the well-being of employees. By adopting a forward-thinking approach, businesses can strengthen their resilience against future natural disasters and ensure a smoother recovery process.

Let PrestigePEO help your business through these challenging times with expert support to keep your workplace safe and prepared for the future. Reach out to learn how we can help.

As California’s upcoming election nears, employers should be aware of an important compliance requirement regarding employee voting rights. Under Elections Code Section 14001, California law mandates that employers post a notice informing employees of their rights, including taking up to two hours of paid time off to vote in statewide elections. The notice must be displayed by October 26, 2024, at least ten days before the statewide election on November 5.

The notice should be placed in a visible location accessible to all employees, such as break rooms, entryways, or online employee portals. The California Secretary of State’s office provides a Sample Notice. Employers can request posters from the Elections Division.

If an employee does not have enough time outside of working hours to vote, they are entitled to receive up to two hours of paid time off to do so. Polls will be open from 7 AM to 8 PM on Election Day, and employers may require that this time off be taken at the beginning or end of the employee’s shift to minimize work disruption. Employees should provide advance notice if they need to take time off for voting, and any additional time beyond two hours may be unpaid.

California employers must meet this posting requirement by October 26 to ensure compliance with state law. Employers are also encouraged to remind employees about the company’s policy on time off for voting, ensuring everyone knows their rights and responsibilities as Election Day approaches. By taking these steps, employers can help foster a smooth voting process while maintaining legal compliance.

Contact us to learn more about how PrestigePEO can support your compliance needs.

Effective March 4, 2025, the Retail Worker Safety Act will require New York retail employers to implement new measures to prevent workplace violence. Employers with ten or more employees must develop a written workplace violence prevention policy and provide annual employee training.

The New York Department of Labor will provide a template policy, but employers can create policies if they meet or exceed the minimum standards. The policy must include methods to report and prevent incidents, with attention to common risk factors such as late-night shifts, working alone, and handling money.

Employers must also provide training to all employees upon hire and annually thereafter. The Department of Labor will develop an interactive training program covering de-escalation techniques, emergency procedures, active shooter drills, and panic buttons.

Larger retailers with 500 or more employees nationwide must install panic buttons by January 1, 2027. These buttons must alert 911 and share the employee’s location with local law enforcement.

With similar laws in California, retailers should be prepared for more states to follow suit in strengthening workplace violence prevention measures. Now is the time to assess workplace risks and update safety procedures to stay ahead of these new requirements.

Have questions about staying compliant? Connect with a PrestigePEO Compliance expert to see how we can support your business.