CAPLAW eNews Bulletin - December 2016
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In This Edition
• New Form I-9 • ACA Deadline Extended • ACA Marketplace Notices
• What the Election Means for CAAs • Congressional Review Act and its Impact
• EEOC's New Guidance on Retaliation • CAPLAW's CSBG Annual Report Comments
Employers Must Start Using New Form I-9
Federal law requires all employers to verify the identity and employment authorization of their employees by completing U.S. Citizenship and Immigration Service (USCIS) Form I-9, Employment Eligibility Verification. USCIS recently created a new Form I-9 that is intended to reduce technical errors and make it easier to complete the form using a computer. All employers must begin using the new
form by January 22, 2017. To learn more about what’s changed with the new form, see this legal alert from the law firm Fragomen. To access the new form and related documents, visit the USCIS’s I-9 Central website.
Deadline for Furnishing
ACA Reporting Forms Extended
The IRS recently extended the deadline for employers to give their employees Affordable Care Act (ACA) reporting forms 1095-B and 1095-C. In Notice 2016-70, the IRS explains that the deadlines for furnishing these forms have been pushed from January 31, 2017, to March 2, 2017, while the deadlines for filing these forms with the IRS have not changed. The IRS also extended relief from certain penalties to employers who can show they have made a good-faith effort to comply with the ACA’s reporting requirements. For more information, see this blog post from the accounting and business consulting firm Wipfli.
What to Do When You Receive an ACA Marketplace Notice
Over the last several months, some employers have been receiving notices from the Federal Health Insurance Marketplace/Exchange regarding their compliance with the Affordable Care Act (ACA). These notices inform the employer that one of their employees was determined eligible for a federal subsidy to purchase health insurance, and puts the employer on notice that it could be subject to penalties. CAAs
should review these notices carefully and consider whether an appeal is necessary. For more information about these notices and how to respond, see this legal alert from the law firm Fisher and Phillips and this update from the accounting and business consulting firm Wipfli.
What the Election Means for CAAs
With only weeks to go until Donald Trump is inaugurated as 45th President of the United States, nonprofits across the country are beginning to plan and prepare for potential changes to the landscape of charitable work. To help get a sense of what may come, CAPLAW has compiled a list of articles that discuss what a Trump presidency could mean for all employers, including Community Action Agencies:
- An article from the National Council of Nonprofits on the impact of the 2016 on the work of charitable nonprofits;
- A legal alert from the law firm Venable, LLP, discussing the status of federal regulations during the transition between the Obama and Trump administrations (see a more in-depth discussion of the Congressional Review Act in the article below);
- An alert from the accounting firm Wipfli, discussing what the election of Donald Trump means for employee benefits; and
- An article from the insurance brokerage firm Parker, Smith & Feek, offering some analysis and predictions about the impact of the election on employer sponsored health benefits.
CAPLAW will continue to monitor and analyze laws and regulations as they change and provide you with the information and guidance you need to chart a course forward in these uncertain times.
Strike That: The Congressional Review Act and Its Impact on Federal Regulations
With the impending adjournment of the 114th Congress, many are asking how a new Congress and Trump administration will affect the different types of federal directives and regulations that were issued under the Obama administration. An article published by the law firm Venable LLP addresses some frequently asked questions about executive orders and so-called “midnight rules” passed during the period between Election Day
and Inauguration Day. One mechanism in particular, the Congressional Review Act (CRA), 5 U.S.C. § 801 et seq., could have a significant impact on regulations issued since June 2016. For an in-depth analysis of the CRA, how it operates, and the federal regulations susceptible to being overturned under the CRA, read here.
EEOC Releases New Guidance on Retaliation
The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing an array of federal discrimination laws, recently released official enforcement guidance on retaliation and related issues. All of the laws enforced by the EEOC—such as Title VII of the Civil Rights Act of 1964 (prohibiting discrimination in employment on the basis of race, color, religion, national origin, or sex), the Age Discrimination in Employment Act, and the Americans with Disabilities Act—prohibit an employer from retaliating against an employee for alleging a violation or participating in any EEOC investigation, proceeding, or hearing. The EEOC notes that retaliation is now the most frequently alleged basis of discrimination in all sectors. The EEOC’s detailed guidance offers explanations and examples of protected activity and prohibited employer practices. For a summary of the new guidance, see the EEOC’s Q&A on retaliation.
CAPLAW Submits Comments on CSBG Annual Report
In October, the federal Office of Community Services (OCS) proposed a revised version of the CSBG Annual Report, and on November 30th the official comment period for the revisions ended. CAPLAW submitted comments on the revised report, as did other national partners: Community Action Partnership,
the National Community Action Foundation (NCAF) and the National Association of State Community Services Providers (NASCSP).
This e-News Bulletin is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. 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 90ET0441-03. Any opinion, findings, 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.
