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In This Issue
The IRS has issued additional instructions to Form 8846 to address the HIRE Act's exemption from Social Security taxes. If a tipped employee's wages are exempt from Social Security taxes, the employer should file the following: Read More
There are a lot of free online tools out there to track what customers, prospects, and competitors are saying about you. Google Alerts are email updates of the latest relevant Google results (web, news, etc.) based on your choice of query or topic. Monitoring a developing news story, keeping current on a competitor or industry, get the latest on a celebrity or event, and keeping tabs on your favorite sports teams. You may want to add it to your electronic tool kit. Read More

There has been some confusion over adult dependent child coverage under the Patient Protection and Affordable Care Act (PPACA). The correct age under PPACA is 26. The age 26 or 27 confusion has arisen from IRS guidance on the tax treatment of the coverage. PPACA extends the coverage itself until age 26. The confusion has arisen from IRS Notice 2010-38, which provides that the general exclusion from gross income for reimbursements for medical care under an employer-provided accident or health plan applies to any employee's child who has not attained age 27 as of the end of the taxable year. This addresses the tax treatment of the coverage. It does not extend the coverage itself to age 27. For general information about the adult child dependant requirement, see the Affordable Care page on the Employee Benefits Security Administration Web site. Read More
Stay Compliant With eESI Document Manager
With employment regulations becoming more scrutinized by government agencies, it is very important for employers to use and complete the proper Form I-9 and W-4 in order to remain compliant. In fact, fines for not completing Form I-9 correctly and within three days of employment can range upwards to $1000 per mistake. If you have not checked your forms to make sure all paperwork you send eESI is updated and complete, please check your company specific forms on eESI Document Manager. If you have not established an online account or need assistance with properly completing these forms, please contact eESI’s HR Department today at 888-465-1171 for assistance.
Based on our employee’s tremendous activity within eESI Cash Club accounts we had to update the terms for early withdrawals. The new terms have been update on eESI's web site for client logons and also attached for your review. Read More

When hiring a new employee, Form I-9 under section 2 states that the employer(s) must complete Section 2 by examining evidence of identity and employment authorization within 3 business days of the date employment begins (Date of Hire). Since eESI shares in the processing of the employee application and verified Form I-9 information, it is very important to have all the paperwork to us within that 3 day window. This allows our HR and Benefits departments to review the application and verified Form I-9 information, establish any employee benefits, and complete the file for payroll processing. Submitted applications not following this protocol can lead to delayed payroll processing and possible employer fines. Please help us keep you compliant with the law.
To help reduce the time and liability of personally handling important employee information, we encourage everyone to use the eESI's online application system when applicable. This can be found at our web site, www.eesipeo.com/login. If you need assistance with a login, contact our HR Department at www.eesipeo.com/contact.html. Read More
Know It to Win It!
During each PeopleTalk release, we will ask a question in which the answer can be found somewhere within the newsletter. Send the correct answer to eESINews@eesipeo.com within 5 business days after the release date and you will be entered into a drawing for a "Know It" prize. Following the drawing, we will contact the winner about the prize information and verify the contact information for delivery.
Now let's start the inaugural, Know It to Win It:
What is the legal amount of time an employer has to verify an employee’s identity and employment authorization on the Form I-9 based on the Date of Hire?
Remember, please send your answer to eESINews@eesipeo.com. Good Luck!
If you missed a previous release or simply want to review an article of interest, all our PeopleTalk newsletters have been archived. Read More
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The Wage & Hour Division of the US DOL has issued its third "Administrator's Interpretation"

The Wage & Hour (W&H) Division of the US DOL has issued its third "Administrator's Interpretation" (No. 2010-3), this time to clarifying that a parent of a "son or daughter" under the Family and Medical Leave Act (FMLA) includes an employee who is acting in loco parentis to the child. The W&H interpretation indicates that a person acting in loco parentis is "a person who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary to legal adoption." The interpretation indicates that the FMLA does not restrict the number or sex of parents that a child can have. For example, a child of a same sex couple could have a biological mother, biological father, and another mother acting in loco parentis.
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Union Rights Poster Rule for Federal Contractors

The Office of Labor-Management Standards of the DOL has issued a final regulation implementing the requirements of Executive Order 13496. This was one of three executive orders signed by President Obama in January 2009 in what was described as an effort to reverse anti-union orders by the prior administration. EO 13496 requires federal contractors to include certain provisions concerning employee rights under the National Labor Relations Act (NLRA) in contracts and subcontracts, as well as to post a notice of employees' rights under the NLRA. A printed notice at the worksite must be 11x17 inches. Employers who regularly post electronic notices can use a prominent notice that states "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers'' that links directly to this page, which is also the downloadable poster itself. The final rule is effective as of June 21, 2010.
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Metabolic Rate Increases Slightly With Water Consumption

It'll flush away sodium, which bloats you. You'll also be less likely to down high-calorie beverages. People often underestimate how important hydration is when it comes to losing weight. Now comes scientific evidence that H2O really does help you lose weight.
Researchers in Germany report that water consumption increases the rate at which people burn calories. The impact is modest and the findings are preliminary, but the researchers say their study could have important implications for weight-control programs.
In an effort to answer this question, Michael Boschmann, MD, and colleagues from Berlin's Franz-Volhard Clinical Research Center tracked energy expenditures among seven men and seven women who were healthy and not overweight…The researchers estimate that over the course of a year, a person who increases his water consumption by 1.5 liters a day would burn an extra 17,400 calories, for a weight loss of approximately five pounds. They note that up to 40% of the increase in calorie burning is caused by the body's attempt to heat the ingested water. The findings are reported in the December issue of The Journal of Clinical Endocrinology and Metabolism.
Read More
Look for further wellness tips in future issues of PeopleTalk. Visit eESI’s LiveBetter site for more information on starting a wellness program for your company. Read More
Risk Minute: Heat Stress

What is Heat Stress: When the body is unable to cool itself by sweating.
There are several heat-induced illnesses' such as heat stress, heat exhaustion and the more severe heat stroke can occur and can result in death.
Factors Leading to Heat Stress:
- High temperature and humidity
- direct sun or heat
- limited air movement
- physical exertion
- poor physical condition
- some medicines
- inadequate tolerance for hot workplaces
Symptoms of Heat Exhaustion:
- Headaches, dizziness, lightheadedness or fainting
- Weakness and moist skin
- Mood changes such as irritability or confusion
- Upset stomach or vomiting
Symptoms of Heat Stroke:
- Dry, hot skin with no sweating
- Mental confusion or losing consciousness
- Seizures or convulsions
Preventing Heat Stress:
- Know signs/symptoms of heat-related illnesses
- monitor yourself and coworkers
- Block out direct sun or other heat sources
- Use cooling fans/air-conditioning
- rest regularly
- Drink lots of water; about 1 cup every 15 minutes
- Wear lightweight, light colored, loose-fitting clothes
- Avoid alcohol, caffeinated drinks, or heavy meals
What to Do for Heat-Related Illness:
- Call 911 (or local emergency number) at once
While waiting for help to arrive:
- Move the worker to a cool, shaded area
- Loosen or remove heavy clothing
- Provide cool drinking water
- Fan and mist the person with water
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