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What Do I Need to Know for February?

Occupational Safety & Health Administration, Internal Revenue Service, and the State of New York are in play for February.

OSHA 300 Log Posting (Federal)

The Log of Work-Related Injuries and Illnesses (Form 300) is required by the Occupational Safety and Health Administration (OSHA) to classify work-related injuries and illnesses and to record the extent and severity of each case.

Employers are required to complete the OSHA Form 300 log unless they are exempt.

Forms 300 and 300A must be posted in all non-exempt workplaces from February 1-April 30. These forms can be found on the OSHA website.

W-4 Exemption (Federal)

February 15: Forms W-4 claiming exemption from withholding for the previous year expire. Request a new Form W-4 from exempt employees (any employee who claimed exemption from income tax withholding last year). The updated form can be found here .

The new form is designed to make employee withholdings more accurate. Taxpayers who fill out the 2020 form are less likely to wind up with a large tax bill or a giant refund when they file tax returns in 2021—money that could have been invested or spent on essential expenses throughout the year.

Updating your withholding amount is always (unless you claimed exemption from income tax) optional, although the IRS recommends that employees revisit their W-4 forms every year.

Affordable Care Act (Federal)

Deadline to file Forms 1094-C and 1095-C if filing by paper. Generally, you must file Forms 1094-C and 1095-C by February 28 if filing on paper (or March 31 if filing electronically) of the year following the calendar year to which the return relates. Form 1094-C instructions can be found here.

New York State Human Rights Law (New York)

The New York Human Rights Law (NYHRL) prohibits discrimination on the basis of "age, race, creed, color, national origin, sexual orientation, military status, sex, marital status or disability" in employment, housing, education, credit, and access to public accommodations.

The Sexual Orientation Non-Discrimination Act passed in 2002 added "sexual orientation"; the Gender Expression Non-Discrimination Act is a bill that passed the New York state legislature in January 2019, to explicitly add "gender identity or expression".

Effective February 8, 2020, the New York State Human Rights Law will be expanded to include all employers in the state, regardless of size. Additionally, effective August 12, 2020, the statute of limitations for reporting claims of sexual harassment to the NYSDHR will be extended from one to three years.

LLC Liability for Unpaid Wages (New York)

Effective February 10, 2020, New York’s Limited Liability Company Law is amended to hold the 10 largest members of a foreign limited liability company liable for wages owed by the limited liability company to a worker as a result of work performed within New York state, as determined by the percentage of each member’s ownership interest when the unpaid services were performed. The 10 largest members of a domestic limited liability company are already held liable for unpaid wages under the law.

#NewYork #ACA #IRS #OSHA

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