Legislative Updates

President Biden announced on January 30th that it is his intention to end both the Public Health Emergency and the COVID-19 National Emergency on May 11th.  The COVID-19 national emergency and public health emergency have been in place since 2020 which allow Americans to receive free tests, vaccines and treatments.  

SD Senate Bill 109 was introduced on 1/25 which would require a private employer with one hundred or more employees to disclose the hourly or salary compensation (or range) and a general description of benefits and other compensation to be offered to the newly hired, promoted or transferring applicant/employee.  

To read SD Senate Bill 109, visit: 2023 Senate Bill 109 - SD Legislature require employers to disclose compensation or range of compensation to applicants and employees.

On February 7th, the SD House of Representatives passed HB 1087 which amends certain language and adds additional titles to the types of practitioners to which the bill pertains.  In addition, a new section was added which indicates that a contract is voidable if it restricts a practitioner from providing professional services after the conclusion of the practitioner's employment or dissolution of a partnership.  

To read the updated legislation visit: 2023 House Bill 1185 - SD Legislature prohibit certain restrictions in employment contracts.

On January 26th, Senate Bill 154 was introduced in the South Dakota Legislature which would incentivize private employers to offer paid family leave by applying for a premium rebate.  The premium rebate amount would be based on the employer size.  The bill would also declare a state of emergency after the bill's approval.  

Read the full bill at: 2023 Senate Bill 154 - SD Legislature incentivize a paid family leave incentive program, to make an appropriation therefor, and to declare an emergency.

On February 2nd, Biden called for support for time-off benefits and announced that he signed a memorandum laying out a national program of paid family and medical leave for employees on the 30th anniversary of the Family and Medical Leave Act (FMLA). Biden's administration supports paid family and medical leave program that will ensure workers have access to paid leave for the birth of a child, their own illness, a family member's illness, a loved one's deployment, death of a loved one and to recover from domestic violence.  The White House said it remains committed to working with states on opportunities to expand access to paid family and medical leave.  

FACT SHEET: Biden-Harris Administration Announces New Actions to Support and Advance Women’s Economic Security | The White House

The US Citizenship and Immigration Services (USCIS) recently announced that they have redesigned the Permanent Resident Card (aka Green Card) to help improve security.  The changes are to help prevent document tampering, counterfeiting and fraud.  USCIS began issuing the redesigned cards on January 30, 2023.  

View the USCIS press release at: USCIS Redesigns Green Card and Employment Authorization Document | USCIS

On January 26th, OSHA issued new guidance to impose greater penalties in order to be more effective in stopping repeat employer offenses.  OSHA Administrators will have the authority to issue instance by instance citations for non-compliance.  The change is intended to ensure OSHA officials are applying full authority of increased citations to discourage non-compliance. 

Read the press release at:   Department of Labor announces enforcement guidance changes to save lives, target employers who put profit over safety | Occupational Safety and Health Administration (osha.gov)

On January 24th, the US House of Representatives passed the Chance to Compete Act which changes the recruiting process for federal government jobs to include skills-based assessments.  The bill will prioritize evaluations based on knowledge, skills and abilities while limiting the use of education.  

Employers covered by Occupational Safety and Health Administration's (OSHA's) record-keeping rules must post 2022 work related injuries/illnesses in a noticeable place from February 1 to April 30. 

Employers must complete an incident report (Form 301) for each injury/illness and log work incidents on OSHA form 300.  

Recordkeeping - Overview | Occupational Safety and Health Administration (osha.gov)

Applicable Large Employers (ALEs) are required to provide form 1095-C and ALEs who are self-insured health plans must provide form 1095-B to employees by March 2, 2023. 

The deadline for health plans that file paper forms with the IRS is February 28, 2023.  The deadline for those that electronically file with the IRS is March 31, 2023.