In 2024, leap day will occur on Thursday, Feb. 29. A leap year can create administrative and compliance challenges for organizations every four years. For example, a leap year can impact payroll processing or tax reporting obligations by adding an extra payday to the year.

Two new laws that were included in the federal omnibus spending bill, enacted on Dec. 29, 2022, will expand workplace rights for employees affected by pregnancy, childbirth or related conditions starting in 2023.

On Jan. 11, 2023, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of implementation of medical examiner refresher training and recertification every 10 years. The regulation is required for all eligible medical examiners certified and listed on the FMCSA’s National Registry of Certified Medical Examiners (National Registry).

On Nov. 16, 2022, the U.S. House of Representatives passed the Speak Out Act, prohibiting courts from enforcing nondisclosure and nondisparagement clauses between employers and their employees and independent contractors that were in place before sexual harassment and assault disputes. The U.S. Senate signed the bill on Sept. 29, 2022.

OSHA recently announced new login procedures for its injury tracking application (ITA). The OSHA ITA has transitioned its login procedure to the public’s one account access to government applications, Login.gov. The new login procedures are already in effect.

The Federal Motor Carrier Safety Administration (FMCSA) has allowed all COVID- 19 commercial motor vehicle (CMV) emergency declarations to expire on Oct. 15, 2022. These exemptions provided CMV drivers compliance flexibility for certain sections of Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), including hours of service requirements, vehicle inspection obligations and driver qualification rules.

President Joe Biden recently issued a presidential proclamation that pardons federal convictions of simple marijuana possession offenses. The proclamation applies only to federal convictions, including District of Columbia code violations; it does not apply to convictions under state or local law. In a statement, the president also called upon governors to pardon simple state marijuana possession offenses.

Federal law requires employers to only hire individuals who may legally work in the United States—either U.S. citizens or authorized foreign nationals. To comply with the law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Employment Eligibility Verification document (Form I-9). Despite employers’ best efforts, compliance with federal law can be difficult.

On Aug. 16, 2022, the IRS updated its frequently asked questions (FAQs) on the employer shared responsibility (pay or play) rules under the Affordable Care Act (ACA) to include updated penalty amounts for 2023. For calendar year 2023, the adjusted $2,000 penalty amount is $2,880 and the adjusted $3,000 penalty amount is $4,320.

On Aug. 5, 2022, the Department of Transportation (DOT) published an advance notice of proposed rule-making (ANPRM) on workplace drug and alcohol testing requirements. Specifically, the DOT is requesting public comments on how its regulations for conducting such testing within the transportation industry could be amended to allow electronic signatures on required documents, permit the use of electronic forms and authorize digital data storage.

Due to the increased usage of telehealth following the COVID-19 public health emergency, the Departments of Justice (DOJ) and Health and Human Services (HHS) jointly issued guidance on how various federal laws require telehealth to be accessible to people with disabilities and limited English proficiency.

On July 26, 2022, the U.S. District Court for the Eastern District of Texas struck down part of an interim final rule related to the federal independent dispute resolution (IDR) process under the No Surprises Act (NSA), which was enacted as part of the Consolidated Appropriations Act, 2021 (CAA).

On Aug. 11, the Centers for Disease Control and Prevention (CDC) released new COVID-19 community guidance that ends or eases several key recommendations, including social distancing and quarantine. This change shows how much has changed since the pandemic began more than two years ago. The agency stated that nearly the entire U.S. population has some COVID-19 immunity through vaccination, previous infection or both.

On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register.

On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.

President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) into law on March 11, 2021. Along with providing financial relief for individuals, state and local governments, schools, businesses and for other purposes, the law contains the following measures of special interest to employers and their employees.