ARTICLES:

• COBRA Notices Law Changes
  (Free “Model General Notice of COBRA Continuation Coverage Rights and
  Model COBRA Contination Coverage Election Notice”)
• Federal USERRA: Veterans Benefits
  
• California IWC Wage Orders – New Proposed Meal Period Regulations!
  
• Reminder! California’s NEW Sexual Harassment Training Requirements
  

NEW PRODUCTS:

• OSHA Recordkeeping (OSHA Forms now required by Federal agencies)
  
• HRK Forms Kit (Human Resource Forms plus updated IRS Form W-4)
  
• 2005 Calendars & Planners
  
• OSHA Cold Stress Poster
  

REGULAR FEATURES:

• Recent Federal and State Mandatory Changes
  
• Spanish Posters
  
• Custom Posters
  
• Your Comments On Our Newsletter
  

COBRA NOTICES

The regulations comprise four sections:

Section 2590.606-1 General Notice
Section 2590.606-1 establishes the timeframes within which the general notice of continuation coverage must be provided and describes the specific information that the general notice must contain. Paragraph (d) of §2590.606-1 permits delivery of a single notice addressed to a covered employee and the covered employee’s spouse at their joint residence, provided that the plan’s latest information indicates that both reside at that address. Paragraph (d) states that "nothing in this section shall be construed to create a requirement to provide a separate notice to dependent children who share a residence with a covered employee or a covered employee’s spouse to whom notice is provided in accordance with this section."

Section 2590.606–2 Employer’s Notice of Qualifying Event
Section 606(a)(2) of ERISA requires an employer to provide notice to the plan administrator of a qualifying event that is either the employee’s termination of employment or reduction in hours of employment, the employee’s death, the employee’s becoming entitled to Medicare, or the commencement of a proceeding in bankruptcy with respect to the employer. Regulation § 2590.606-2 addresses this notice obligation of employers.

Section 2590.606–3 Qualified Beneficiaries’ Notices
Under section 606(a)(3) of the Act, each covered employee or qualified beneficiary is responsible for notifying the plan administrator of a qualifying event that is either the divorce or legal separation of the employee from his or her spouse or a child’s becoming no longer eligible to be covered as a dependent under the plan. Regulation § 2590.606–3 provides guidance with respect to this notice obligation and other notice obligations of qualified beneficiaries, such as the notice of disability or second qualifying event.

Section 2590.606–4 Plan Administrator’s Notice Obligations
Section 606(a)(4) of ERISA requires a plan administrator to notify each qualified beneficiary who is entitled to elect continuation coverage of his or her COBRA rights. Section 606(c) requires a plan administrator to provide such notice within 14 days after the plan administrator is notified of a qualifying event. Regulation § 2590.606–4 provides guidance on the requirements of sections 606(a)(4) and 606(c). In general, the regulation describes timing and content requirements for election notices, requires administrators to notify individuals under certain circumstances if continuation coverage is determined not to be available, and requires plan administrators to provide notice when continuation coverage terminates before the end of the maximum period for such coverage.

To assist you with compliance with the new COBRA Notification forms, we are providing you with the "model" notices: "General Notice of COBRA Continuation Coverage Rights and COBRA Continuation Coverage Election Notice for Single-Employer Group Health Plans” as provided by the U.S. Department of Labor.

FEDERAL USERRA BENEFITS BILL

New notice required for employers. On December 10, 2004, President Bush signed Senate Bill 2486, the Veterans Benefits Improvement Act of 2004 into law. The Act requires employers to provide persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations. The requirement for the provision of notice may be met by the posting of the notice where employers customarily place notices for employees”. The Secretary of the Department of Labor will provide the content of the notice. We will inform you when more information is available.

CALIFORNIA INDUSTRIAL WAGE ORDER

Proposed changes to Meal Period Regulations. California’s Division of Labor Standards Enforcement (DLSE) announced on December 20th its withdrawal for “emergency regulations” regarding “Meal Periods”. They have resubmitted the proposal for permanent regulations to redefine “Meal Periods” and clarify the payments due to workers when meal periods are not provided.

This law change will require new IWC Wage Orders for ALL Industry groups!

The IWC Wage Orders and California Labor Code specifically state employees are not allowed to work more than five hours without taking a 30-minute meal period. There has been much confusion and misinterpretation regarding this issue for the DLSE, employers and employees. The proposed regulations will provide a clear definition of “meal period” regulations eliminating the confusion.

The Labor Code also requires additional pay to the employee if they do not receive the time off for meals as required by law. The DLSE previously enforced a staff opinion letter that deemed the “one-hour of pay” to be wages instead of a penalty. The new regulations will clarify this to be a “penalty”.

The DLSE has scheduled “Public Hearings” at which time the public may comment on the proposed regulations.

CALIFORNIA MANDATES SEXUAL HARASSMENT TRAINING FOR SUPERVISORY PERSONNEL

Just a reminder! Need help with the new law requiring sexual harassment training for supervisors? It is a real concern of all employers in California to minimize the risk of non-compliance with the new law and possible harassment lawsuits.

Shortly after the first of the year, to assist you in compliance with the new law, we will offer a new book by CPC's long-time associates, Stewart M. Lerner, Management Consultant, and R. Craig Scott, a leading California Employment Law Attorney. Their new book “The Complete Guide to Sexual Harassment”, will provide employers with a clear understanding of the new sexual harassment training requirements. In addition, CPC will be offering both in-house training and “seminar” training classes throughout the year to assist you in meeting your legal requirements. Detailed information will be coming soon!

FEATURED PRODUCTS

OSHA RECORDKEEPING
Are you prepared to record your employee’s injury and illnesses for 2005?
OSHA issues NEW FINAL RULE requiring Federal Agencies to use OSHA recordkeeping forms beginning in 2005! Along with the private sector employers, Federal agencies will now be required to record injuries and illnesses on the OSHA 300, 300-A, and 301 forms. The OSHA Form 300-A Summary form must be posted from February 1, 2005 through April 30, 2005. Our easy-to-use interactive OSHA Forms Kit on CD will get you started. It includes the three required OSHA recordkeeping forms with the 12 other important OSHA forms listed:

HUMAN RESOURCES FORMS KIT
Interactive PDF HR Forms on CD with updated 2005 W-4 forms. A real time-saver! The following HR forms are included

2005 CALENDARS AND PLANNERS
Ready for 2005! With our new 2005 CALENDARS and PLANNERS you can get a jump-start on the new year. Order now and we will include a free Computer Calendar strip with adhesive backing for your computer. This space-saving, economic 12-month calendar will help you track Project Deadlines, Employee Vacations, Meetings, Conventions, & other important events. The high-quality laminated write on/wipe off surface makes it easy to make changes as they occur. The calendars include all standard holidays to make planning easier.

Try our 90-Day and 120-Day Planners to make your life easier. Get a planner for each Department for project planning and tracking. The high-quality laminated easy write on/wipe off surface allows for constant updating for special projects.

COLD STRESS POSTER
ARE YOUR EMPLOYEES EXPOSED TO EXTREME WEATHER CONDITIONS ON A DAILY BASIS? It is every employer’s responsibility to maintain safe working conditions for their employees, even under extreme weather.

Winter is here and workers are exposed to extreme cold temperatures that can be injurious and even fatal. Our poster is just what you need to remind you and your employees to take the necessary “safety” precautions to prevent injuries. Workers in construction, commercial fishing, maritime and agriculture are among those most often exposed to severe weather conditions and need to take safety precautions.

Our COLD STRESS poster provides a quick reference guide and recommendations. A great training tool! Available in English and Spanish, this laminated poster is full of tips to protect your workers, recognize the signs and symptoms for “frostbite” and hypothermia.

RECENT FEDERAL AND STATE CHANGES:

• Federal Family and Medical Leave
  
• Federal Employee Polygraph Protection Act
  
• Federal Equal Employment Opportunity is the Law
  
• California effective 7/2004
  
• Delaware effective 12/2004
  
• District of Columbia 1/2005
  
• Iowa effective 8/2004
  
• Louisiana effective 8/2004
  
• Maine effective 9/2004
  
• Massachusetts 12/2004
  
• Michigan effective 7/2004
  
• New Jersey effective 11/2004
  
• New York effective 1/2005
  
• Oregon effective 1/2005
  
• Washington effective 1/2005
  
• West Virginia effective 7/2004
  

SPANISH POSTERS – Does Your State Require Spanish Posters?
We have a total of 17 states in Spanish.

Many states require employers with Spanish-speaking employees to post the State and Federal labor laws in Spanish. Others highly recommend posting in Spanish to ensure that your employees understand their rights and the labor laws. Spanish All-On-One™ Posters are now available for the following states:

CUSTOM POSTERS
Many larger companies, associations, and PEO’s are taking advantage of CPC’s exclusive “Custom Poster Program.” This program allows organizations to incorporate their logo, company colors, Mission Statement and even some custom verbiage into the design of the poster. Posters can be specially designed to specific size requirements, horizontal or vertical orientation, and with heavy lamination, etc.