Alice Gliman

Illinois has a strict law—the Biometric Information Privacy Act—about collecting employees’ biometric data without their consent. We’ve addressed BIPA lawsuits before, so it’s time to catch up with some recent developments.
When employees’ state of domicile changes, your determination of nexus changes, too. Changing your domicile is an intentional act. Most of the time this is easy. But it’s not a slam-dunk, because you rarely burn your bridges when you move to a new state. There are emotional ties to an old state, like family. And this can make all the difference.
Final regulations issued last month by the IRS will require employers to e-file their information returns if the total of all the information returns—W-2s, 1099s and 1095s—they’re required to file is at least 10. Don’t panic: If you’ve never e-filed your W-2s, you won’t need to buy fancy software. You will be able to e-file through the Social Security Administration’s W-2 Online app.
The two questions related to on-demand pay are whether employees are in constructive receipt of their entire pay for a pay period, if they can access a portion of it before payday, and if employees aren’t in constructive receipt of their entire pay, are they in actual receipt of the portion of their pay they’ve accessed on demand?
The other bank failure issue, approaching deadline for initial RMDs, DOL and mental health, and more.
The Consumer Financial Protection Bureau has been angling since last summer to crack down on employers charging terminating employees for necessary training. The CFPB has now found a willing partner in this quest—it’s signed a Memorandum of Understanding with the National Labor Relations Board. The MOU also covers employee surveillance via bossware, which the NLRB has been particularly interested in.
When Silicon Valley Bank in California and the Signature Bank in New York failed last week, employers with accounts at those banks began to fret they wouldn’t be able to pay employees. Before the FDIC acted on Monday, they had good reason to—bank accounts are insured for up to $250,000. In the corporate world, $250,000 can be considered peanuts.
The rules for reimbursing employees’ travel expenses seem straightforward enough—employees account to you for their expenses, submit receipts for those expenses and detail the business purpose of their trip. The accountable plan rules are your starting point; however, there’s a lot more to consider.
We don’t normally waste our time or yours on tax increases that will never happen. The administration’s budget, which was released last Thursday, falls into this category. Some smaller provisions, however, stand a chance of making it through what is anticipated to be a long, drawn-out budget negotiation process.
Form 940 is ready for scanning, green cards have a new look and more.