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Regulatory Analysis
We continually update our state and national regulatory analysis to help you stay current with changing regulations.

See the "updated" section below to find all of the latest topics.
New Documents
Calculators:
This worksheet can be used to calculate total labor costs per employee by month and full year, and also for a 10-year period.
Paying for performance requires employers to carefully evaluate the job performance of individual employees and then to differentiate between annual merit increases based on that evaluation. This calculator is a tool to help you create Merit Increase Guidelines for your company to use in budgeting salary increases that distinguishes between high and low performers. The calculator uses a four-tier performance rating system.
Total compensation is defined as all costs associated with employment, including salaries, overtime, benefits, and bonuses. Tracking total compensation as a percent of total costs provides managers with valuable information for use in managing the costs associated with human capital, including evaluating the use of fixed versus variable compensation. This worksheet calculates and tracks monthly and full-year expense ratios based on data you input.
In order to measure the effectiveness and efficiency of the recruiting function, many employers calculate the cost per hire. Cost per hire is calculated by adding up all of the expenses associated with recruiting and then dividing that amount by the number of new hires during the period.
Guidance:
An employee with a workers’ comp injury is unable to return to work but can work from home several days a week for several months. What are your options?
An employee with a workers’ comp injury is unable to return to work but can work from home several days a week for several months. What are your options?
Minimum wage rates vary from state to state. This chart identifies the 2015 minimum wage for all 50 states as well as the federal minimum wage and selected cities.
According to Towers Watson’s 2014 Global Workforce Study, only half of the employees surveyed believed they are paid fairly in comparison to other people in similar positions in their organizations. That’s a lot of people who don’t feel valued, and who are likely to be looking around at other organizations.
According to Towers Watson’s 2014 Global Workforce Study, only half of the employees surveyed believed they are paid fairly in comparison to other people in similar positions in their organizations. That’s a lot of people who don’t feel valued, and who are likely to be looking around at other organizations.
When is a commute really part of the workday? Which employees are exempt and which ones are nonexempt? What are the rules for meal and break times? How are employees and contractors different? Use this webinar for a fast-paced briefing on HR's obligations to pay employees for travel time.
When is a commute really part of the workday? Which employees are exempt and which ones are nonexempt? What are the rules for meal and break times? How are employees and contractors different? You need to be proactive in determining if your employees’ travel time is compensable, because knowing the law is your first line of defense against expensive trouble down the road. Use this webinar for a fast-paced briefing on HR's obligations to pay employees for travel time.
Do you know what numbers to track? Are your analysis efforts paying the dividends that you expect? This webinar offers a valuable discussion of data collection and analysis for Human Resources.
Do you know what numbers to track? Are your analysis efforts paying the dividends that you expect? This webinar offers a valuable discussion of data collection and analysis for Human Resources.
Use this webinar to learn how to ensure the proper designation of protected leave using FMLA certifications as your guide. Plus, you’ll get tips on how to use them to help identify, correct, and prevent instances of FMLA abuse and much, much more.
Use this webinar to learn how to ensure the proper designation of protected leave using FMLA certifications as your guide. Plus, you’ll get tips on how to use them to help identify, correct, and prevent instances of FMLA abuse and much, much more.
Wellness program sponsors and vendors have long struggled with the application of the provision in the Americans with Disabilities Act (ADA) that generally prevents employers from making disability-related inquiries or requiring medical examinations unless the inquiry or exam is a voluntary part of an employee health program available to employees at that worksite.
Although much has been written about the proper method for calculating full-time-equivalent employees under the ACA and the merits of opting to pay penalties rather than offering coverage, comparatively little has been written about the Act’s whistleblower protection provision and its interplay with the employer mandate.
Recently, the U.S. Supreme Court heard arguments on a challenge to tax credit subsidies available to low-income individuals who obtain health insurance through federal health insurance marketplaces (also known as “exchanges”) under the Affordable Care Act (ACA). Health insurance in states that have federal exchanges would be greatly affected by an invalidation of the provision.
There are several tests that are applied by courts and administrative agencies to determine whether a worker is an independent contractor or an employee. The U.S. Department of Labor (DOL) has developed a detailed analysis for determining independent contractor status for purposes of compliance with the requirements of the Fair Labor Standards Act (FLSA). The test is called the “economic realities” test.
The IRS recently issued additional guidance on the Affordable Care Act’s (ACA) employer and insurer reporting requirements found in Internal Revenue Code Sections 6055 and 6056.
Employers are placing more importance on employee factors when it comes to evaluating their benefit objectives, according to MetLife’s 13th Annual U.S. Employee Benefit Trends Study.
The California Family Rights Act (CFRA) is one of the most complex state laws for HR to navigate, and knowing the basics only gets you so far. Our presenter, a seasoned California employment attorney, will teach you strategies for mastering tricky compliance challenges under CFRA and the federal Family and Medical Leave Act (FMLA).
The California Family Rights Act (CFRA) is one of the most complex state laws for HR to navigate, and knowing the basics only gets you so far. Our presenter, a seasoned California employment attorney, will teach you strategies for mastering tricky compliance challenges under CFRA and the federal Family and Medical Leave Act (FMLA).
In strategizing salary budgets, employers often have to decide whether they want to lead, lag, or lead-lag the market rate. What factors play into aging market data to suit your employment needs? And when is it time to retire your current market data??The webinar presenter will help you best determine an appropriate strategy for your particular salary budgets, as well as provide tips on where to get the best data and how to formulate a salary strategy.
In strategizing salary budgets, employers often have to decide whether they want to lead, lag, or lead-lag the market rate. What factors play into aging market data to suit your employment needs? And when is it time to retire your current market data??The webinar presenter will help you best determine an appropriate strategy for your particular salary budgets, as well as provide tips on where to get the best data and how to formulate a salary strategy.

How frequently must employers in your state pay employees? Does your state have special rules for callback/report-in pay? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Paychecks or Callback/Report-In Pay.

Does your state require employers to pay earned vacation and/or sick days upon separation? Is there a “use it or lose it” policy? Does your state have any special restrictions on the use of paid leave to account for partial-day absences for exempt employees? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Vacations.

What are your state’s unemployment tax rules and rates? How are unemployment charges allocated among multiple employers? Does your state permit voluntary contributions? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Unemployment Compensation.

Does your state exclude certain classes of employees from unemployment compensation coverage? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Unemployment Compensation.

What workers' compensation issues must employers be aware of? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Workers' Compensation.

What are your state's basic workers' compensation requirements for employers? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Workers' Compensation.

Does your state expand unemployment compensation coverage beyond the Federal Unemployment Tax Act (FUTA)? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Unemployment Compensation.

What are the qualification requirements for employees in your state to receive unemployment compensation? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Unemployment Compensation.

What workers' compensation issues must employers be aware of?
What are your state’s basic workers’ compensation requirements for employers?
How frequently must employers in your state pay employees? Does your state have special rules for callback/report-in pay?
What are your state’s unemployment tax rules and rates? How are unemployment charges allocated among multiple employers? Does your state permit voluntary contributions?
Does your state expand unemployment compensation coverage beyond the Federal Unemployment Tax Act (FUTA)?
Does your state exclude certain classes of employees from unemployment compensation coverage?
Does the state have requirements regarding "small necessities" leave?
Does your state have special requirements for employers to provide paid sick leave or other paid time off? Find out using this state-by-state comparison chart.

Does your state have special requirements for employers to provide paid sick leave or other paid time off? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Sick Leave.

Does your state require employers to pay earned vacation and/or sick days upon separation? Is there a “use it or lose it” policy? Does your state have any special restrictions on the use of paid leave to account for partial-day absences for exempt employees?
What are the qualification requirements for employees in your state to receive unemployment compensation?

Does the state have requirements regarding “small necessities” leave? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Personal Leave.

Does your state have laws regarding pregnant employees that go beyond federal law? How does your state address breastfeeding in the workplace? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Maternity and Pregnancy.

Does your state require granting leave to employees for jury duty and/or witness service? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Jury Duty/ Court Appearance.

Does your state have a deadline for employers to give final paychecks? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Paychecks.

Does the state have requirements on family and medical leave that differ from federal law? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Leave of Absence (FMLA).

Does your state have timely payment requirements for commissions and/or requirements for figuring commissions? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Paychecks.

Does your state allow employers to require direct deposit of paychecks? Does your state have special rules on the use of payroll cards?
Does your state have a deadline for employers to give final paychecks?
Does your state require granting leave to employees for jury duty and/or witness service?
Does your state have laws regarding pregnant employees that go beyond federal law? How does your state address breastfeeding in the workplace?
What are your state’s overtime requirements?
Does your state have timely payment requirements for commissions and/or requirements for figuring commissions?
Does the state have requirements on family and medical leave that differ from federal law?
Does your state have its own minimum wage? Does your state have exemptions to its minimum wage requirements?
(A.) What agency administers disability insurance in your state? What are the specifics on coverage, self-insurance options, and financing?
(B.) How does your state define disability? How are the base period, benefit year, earning resuirements, benefit amount, and benefit duration calculated? Can employees be disqualified from receipt of benefits?
(C.) What are the calculations for weekly benefit amount, duration of benefits, deductions, and partial week benefits? Is there a waiting period?
Does your state have health insurance continuation and conversion requirements in addition to COBRA?
Does your state have requirements for military leave that go beyond federal law?

Does your state have health insurance continuation and conversion requirements in addition to COBRA? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Health Insurance Continuation (COBRA).

Does your state have requirements for military leave that go beyond federal law? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Military Service.

(A) What agency administers disability insurance in your state? What are the specifics on coverage, self-insurance options, and financing?

(B) How does your state define disability? How are the base period, benefit year, earning requirement, benefit amount, and benefit duration calculated? Can employees be disqualified from receipt of benefits?

(C) What are the calculations for weekly benefit amount, duration of benefits, deductions, and partial week benefits? Is there a waiting period?

Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Disability Insurance.

Does your state have its own minimum wage? Does your state have exemptions to its minimum wage requirements? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Minimum Wage.

What are your state’s overtime requirements? Find out using this state-by-state comparison chart.

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For in-depth analysis on this topic, see Overtime.

Does your state restrict employers from making payroll deductions? Does your state prohibit firing employees because of wage garnishments? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Deductions from Pay or Garnishment.

On February 23, 2015, the IRS issued Notice 2015-16 (Notice), which provides important insight (and requests public comment) on positions the IRS may take on Internal Revenue Code (Code) Section 4980I (often referred to as the “Cadillac plan tax”).
Wellness program sponsors and vendors have long struggled with the application of an often forgotten or overlooked (or simply ignored) provision in the Americans with Disabilities Act (ADA).
This article will describe how the employer mandate applies to various types of “contingent worker” employees and will provide practical advice for complying with the employer mandate.
Recent news about employee benefits.
Recent data from surveys regarding employee retention and length of employment.
Does your state restrict employers from making payroll deductions? Does your state prohibit firing employees because of wage garnishments?
Does your state have specific requirements for meal periods? What about breaks? Find out using this state-by-state comparison chart.

What are your state’s rules for hiring minors? Find out using this state-by-state comparison chart.

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For in-depth analysis of this topic, see Child Labor.

What are your state’s rules for hiring minors?
This guided tour of this new way of thinking about your compensation planning will answer important questions and help you maximize your performance and growth.
Learn what workforce segmentation is and what it could mean for your organization’s overall compensation strategy. This guided tour of this new way of thinking about your compensation planning will answer important questions and help you maximize your performance and growth.
An in-depth webinar led by two seasoned employment attorneys who regularly advise federal contractors and subcontractors on their OFCCP compliance obligations. They’ll teach you the critical components a comprehensive self-audit of your compensation practices to ensure that you’re in compliance with the OFCCP’s rules.
An in-depth webinar led by two seasoned employment attorneys who regularly advise federal contractors and subcontractors on their OFCCP compliance obligations. They’ll teach you the critical components a comprehensive self-audit of your compensation practices to ensure that you’re in compliance with the OFCCP’s rules.
Does state or local law require employers to offer spousal benefits to same-sex partners or common-law spouses?
Surveys:
Does your organization conduct performance appraisals? How often are they conducted? Are they tied to pay increases?
Does your organization conduct performance appraisals? How often are they conducted? Are they tied to pay increases?
White Papers:
Leakage occurs when participants take money out of their 401(k) accounts early. It can have a greater or lesser impact on their ability to reach retirement, depending on how they take the money out. But no matter which way they do so, rest assured that there is an impact.
International business practices aren’t an issue for only huge companies anymore—smaller companies are now increasingly reaching foreign shores. What do you need to know about the changing landscape in international business and how it impacts compensation and attracting top talent?
How can you help those who reach retirement make smart decisions about how to use their assets to fund the rest of their lives? Employers are ideally situated to make a difference for their exiting retirees.
Your 401(k) plan is designed to help everyone in your workplace to save for retirement. Your youngest employees, Millennials, have seen up close the financial wreckage their parents may have experienced in the wake of the Great Recession. Are they taking their experience as an impetus to save and invest, or are they taking a live-for-today stance?
Updated Documents
State:
How much should you be paying to attract and retain the best employees, based on your industry and location?


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