Bruce Silver
Employers Rx LLC
On any given week, Employers Rx LLC has between five and ten accounts in various stages of our (RFP) request for proposal process. If you have personally shopped for an employee leasing company or professional employer organization, then you know first hand, what a daunting experience it can be. You’re aware of all the questions they ask, the forms you have to complete, the company and employee information they require, the emails, phone calls, reams of paperwork they create, all the time wasted and productivity lost.
Now imagine dealing with six sometimes eight different HR companies, responding to questions from underwriters, risk managers, sales managers, all wanting in depth information about your company, in a certain format, on their forms, and the list goes on. If that is not enough, imagine what it can be like when you are doing this for eight or ten clients a week. Welcome to my world.
Our clients this week include an intimate apparel company with locations in NYC, PA, and Bentonville, AR, a 5 state property management company based in Chicago, a public company who provides medical staffing nationwide, a manufacturer of ATV accessories in IA, a publisher in Stuart, FL, a medical supply company in Rochester, NY, and 2 more. These accounts represent almost 400 full and part time employees with over $25 million in annual payroll. Our first goal is secure the most competitive rates for our clients, bona fide offers the first time,without any conditions, additional fees or hidden costs.
A typical day starts around 5:30am, after walking the dogs, I sit down with my first cup for freshly ground coffee and check the batch of overnight emails. I am greeted by a message from one of the “Big 3” PEO’s complaining that our client’s RFP has their health statement filled out on a competitor’s form, and that his underwriter would not accept it. As with many of our clients, providing affordable health insurance coverage for their employees is a major problem. In this case, the client has been happy with Aetna for years. Usually, we send out our own generic health questionnaire. Since this client’s RFP will only be submitted to PEO’s that have a master plan from Aetna, we opted for an “official” Aetna group health statement. Never again.
Unfortunately, this was only half of the complaint. The “Big 3” PEO also requested the client’s most recent payroll run. Our client has some seasonal employees, and was thorough enough to provide us with a breakdown by state and code of their expected annual payroll. This was in addition to providing the last quarterly report. Because it wasn’t their last weekly payroll run. My rep would have to call his VP for an exception. After a flurry of emails, phone calls, and even a personal visit by their executive VP, I am happy to report that exceptions were made, and our client has finally received a competitive proposal.
My next email was from another professional employer who I call “Big 5”. He too is complaining that our client provided information on a competitors form, but was willing to make an exception. However, he had issues with another client’s RFP. Once again, group health insurance is a primary concern. Our client has 5 former employees covered under COBRA, and the “Big 5” underwriter wants birth dates and termination dates before they can make a firm offer with set rates. It has only taken us six weeks to get to this point, another few days won’t make a difference? NOT.
What frustrates us the most is trying to get all of the required information from our clients. Very often we are working directly with the business owner who is wearing so many hats, they rarely have the time to compile the payroll, workers compensation, and health insurance documentation we need. Even when dealing with a company’s HR Director, comptroller or office manager, getting all the forms completed and returned in a timely manner, despite all the technology, still remains our greatest challenge.
We welcome any and all suggestions, and if you’re a prospective client, we appreciate your cooperation in assisting us to do the very best job we can, for you and for your organization. Thanks again for the opportunity.
Showing posts with label employee leasing. Show all posts
Showing posts with label employee leasing. Show all posts
Monday, May 18, 2009
Sunday, January 25, 2009
Staffing - The New Growth Industry?
Bruce Silver
Employers Rx LLC
Employment agencies and staffing companies across the country are announcing a "pick-up" in volume. Of course many are admitting that it is due to the record number of layoffs, as well as an increase in applicants who are willing to accept part-time or temporary positions, while waiting for better times ahead.
Indeed, many industry observers like Jack Rainer, owner of Career Personnel Services in Montgomery, Alabama expect that it can' last. He predicted there would be some hiring rebound before the economy begins to recover. Some firms will find they have cut too deeply in layoffs and will need to replace lost staff, he said. It will take time for people to digest what is going on, but they still have needs".
What I find valuable in this Montgomery Advertiser article written by Cosby Woodruff are the observations of Anna Doeren, a stafffing specialist at Career Personnel. She recognized that job cuts have progressed beyond those in purely clerical jobs to more senior positions. "It is lower-level administration to middle managers, a lot of that has been cut."
"One area where they are seeing more demand from companies is in providing outsourcing of human resources functions. People are contracting us to be the human resources manager. Many of them have cut out their HR departments."
What Anna and Jack may not be aware of, is the increasing trend by many of the most successful and innovative companies in their industry to provide a full range of services for employees from "hire to retire". I am referring to the fastest growing industry in the gamut of HR services commonly referred to as "RPO" or Recruitment Process Outsourcing.
Recruitment Process Outsourcing refers to a business service where an employment or staffing agency not only finds a suitable applicant for a particular position at a client's worksite, it also can include training, payroll, group health benefits and workers compensation coverage. In effect, it is the recruiter who is employing the worker, and is responsible for HR compliance and adhering to Federal, State and local employment regulations.
With few exceptions, these functions are being outsourced to companies who actually do this work. Let's face it. Most successful employment agencies and staffing companies are owned and managed by individuals who are very good at finding and placing suitable candidates for their clients. Many are great at developing relationships with employers and HR managers, but lack then administrative and insurance background to tackle all the areas involved. Only the largest firms have the resources to invest in the infrastructure and technology platforms required to efficiently support an full service RPO effort.
While the majority of employee leasing companies and professional employer organizations refuse to accept employment agencies and staffing companies as clients (many have incurred significant workers compensation claims ) there are handful of quality PEOs who have established a working partnership within the staffing and RPO industry. These firms have developed a "niche" by better understanding the unique challenges, products and services that enhance an agency's ability to compete and succeed in these demanding times.
Employers Rx has many staffing clients who have developed successful long term relationships with their PEO partners. If you own or manage an employment agency or staffing company and are considering making the leap into the "RPO" Recruitment Process Outsourcing marketplace, our experienced professionals are available to discuss your options and opportunities.
Employers Rx LLC
Employment agencies and staffing companies across the country are announcing a "pick-up" in volume. Of course many are admitting that it is due to the record number of layoffs, as well as an increase in applicants who are willing to accept part-time or temporary positions, while waiting for better times ahead.
Indeed, many industry observers like Jack Rainer, owner of Career Personnel Services in Montgomery, Alabama expect that it can' last. He predicted there would be some hiring rebound before the economy begins to recover. Some firms will find they have cut too deeply in layoffs and will need to replace lost staff, he said. It will take time for people to digest what is going on, but they still have needs".
What I find valuable in this Montgomery Advertiser article written by Cosby Woodruff are the observations of Anna Doeren, a stafffing specialist at Career Personnel. She recognized that job cuts have progressed beyond those in purely clerical jobs to more senior positions. "It is lower-level administration to middle managers, a lot of that has been cut."
"One area where they are seeing more demand from companies is in providing outsourcing of human resources functions. People are contracting us to be the human resources manager. Many of them have cut out their HR departments."
What Anna and Jack may not be aware of, is the increasing trend by many of the most successful and innovative companies in their industry to provide a full range of services for employees from "hire to retire". I am referring to the fastest growing industry in the gamut of HR services commonly referred to as "RPO" or Recruitment Process Outsourcing.
Recruitment Process Outsourcing refers to a business service where an employment or staffing agency not only finds a suitable applicant for a particular position at a client's worksite, it also can include training, payroll, group health benefits and workers compensation coverage. In effect, it is the recruiter who is employing the worker, and is responsible for HR compliance and adhering to Federal, State and local employment regulations.
PEOs - The Outsourcer's Resource
With few exceptions, these functions are being outsourced to companies who actually do this work. Let's face it. Most successful employment agencies and staffing companies are owned and managed by individuals who are very good at finding and placing suitable candidates for their clients. Many are great at developing relationships with employers and HR managers, but lack then administrative and insurance background to tackle all the areas involved. Only the largest firms have the resources to invest in the infrastructure and technology platforms required to efficiently support an full service RPO effort.
While the majority of employee leasing companies and professional employer organizations refuse to accept employment agencies and staffing companies as clients (many have incurred significant workers compensation claims ) there are handful of quality PEOs who have established a working partnership within the staffing and RPO industry. These firms have developed a "niche" by better understanding the unique challenges, products and services that enhance an agency's ability to compete and succeed in these demanding times.
Employers Rx has many staffing clients who have developed successful long term relationships with their PEO partners. If you own or manage an employment agency or staffing company and are considering making the leap into the "RPO" Recruitment Process Outsourcing marketplace, our experienced professionals are available to discuss your options and opportunities.
Monday, December 29, 2008
Another Professional Employer Organization Horror Story
By Bruce Silver
Employers Rx LLC
Employers Rx LLC
Another Professional Employer Organization Horror Story
I came across an interesting website developed by Mr. Ed Shull called Filthy Lucre. Ed owns and operates USWeb LLC, a small online marketing and website development company based in Henderson, Nevada. Ed's website Filty Lucre not only is a showcase for his talented firm's programming capabilities and techniques, but he created a thought provoking community where visitors and members can post and exchange photos, videos and join in the "conversation".
I came across an interesting website developed by Mr. Ed Shull called Filthy Lucre. Ed owns and operates USWeb LLC, a small online marketing and website development company based in Henderson, Nevada. Ed's website Filty Lucre not only is a showcase for his talented firm's programming capabilities and techniques, but he created a thought provoking community where visitors and members can post and exchange photos, videos and join in the "conversation".
From: "You Can't Make This Up" Department
The website has many interesting articles on a wide range of subject matters, including Health and Medicine, Lifestyle, Money and Community. While checking out some of the articles and comments, I came across a section aptly entitled The Working Affluent. The next thing to catch my eye is the headline - Complaints about TriNet HR Services.
Ed had recently signed on with TriNet HR Services for his small company at the relatively small fee of $1,860 per employee. Almost twice the average industry rate of $1,000 - $1,200 per employee.
Like I said, you can't make this up.
By Ed Shull, CEO USWeb LLC
I’m not a paperwork guy. As the CEO of a small business, with a few contractors (that really felt more like employees after a while), I decided that if I was going to take the step to have employees, I would need to do it right. I wanted to make sure I offered a competitive compensation package that included 401k, health insurance, life insurance, etc…
The website has many interesting articles on a wide range of subject matters, including Health and Medicine, Lifestyle, Money and Community. While checking out some of the articles and comments, I came across a section aptly entitled The Working Affluent. The next thing to catch my eye is the headline - Complaints about TriNet HR Services.
Ed had recently signed on with TriNet HR Services for his small company at the relatively small fee of $1,860 per employee. Almost twice the average industry rate of $1,000 - $1,200 per employee.
Like I said, you can't make this up.
By Ed Shull, CEO USWeb LLC
I’m not a paperwork guy. As the CEO of a small business, with a few contractors (that really felt more like employees after a while), I decided that if I was going to take the step to have employees, I would need to do it right. I wanted to make sure I offered a competitive compensation package that included 401k, health insurance, life insurance, etc…
So I started to search around for ways solutions I came across a company that was referred to me a few years ago, Trinet. Trinet offers HR services as a PEO (professional employment organization). People often refer to this as employee leasing. Think of it as hiring whoever you want through a temp agency like Kelly Services. They take care of all the tax and insurance paperwork, and you just pay the agency a fee as a vendor. The fee was relatively small at $1,860 per employee, per year, so I decided that this would be the best of both worlds.
The Sign Up Process for Trinet
I have to say that of all the vendors I have ever worked with, none seemed so utterly incompetent as Trinet when it came to the sign up process. They would send over documents without instructions, or that were dated wrong. They would lose stuff I sent. The best part is that I would go through long spurts of not hearing from them, after confirming that everything was ready to go, and then all of sudden get a flurry of emails from them marked as urgent, saying they needed more paperwork from me.
Once, and I swear this is true, I was told weeks before that we were truly ready to go. There would be no further delays. A couple days before the payroll date, I contacted my rep there to ask about the amount they would be taking out. I didn’t hear back. But then , a day or two before payday, I get around 3 - 4 emails, all marked urgent, saying I need to call them right away. I happened to be out of town, so I didn’t get these messages until around 2pm. I called the main rep, she wasn’t around. So I called another rep I had dealt with, who had also emailed me saying I needed to call him and that it was urgent. When I got a hold of him and asked what they needed, he said, I and I swear this is true, he didn’t know. So they had spent most of the morning trying to reach me, but didn’t know why. I asked him if my payroll was going to go out. He didn’t know.
Payroll didn’t go out that week, so once again I had to scramble to cut checks myself. This went of for literally months. The best part is, they charged me retroactively for this time with the insurance. Insurance my employees weren’t aware they had. We had received no ID cards or selected any plans yet. But of course I had to pay for it.
The ongoing problems with Trinet
Since we worked out those initial issues, I would love to say things have gotten better, but I cannot. Each pay period is an exercise in patients, and comes with it’s own little set of grief. I have asked Trinet on numerous occasions to send me an email letting me know the exact dollar amount they attend on deducting. I set up a bank account specifically for payroll, and I need to transfer the funds into that account. Each time I ask, I’m assured that invoices are sent out ahead of time. The closest this has come unsolicited was last pay period when I got a notice after 3:30pm that funds would be taken out the next day. I got a follow up email from Trinet the next morning that they were unable to get the funds. So despite me asking for several days notice, I couldn’t even get a 24 hour notice.
One of the documents I filled out was to my bank, allowing Trinet to request a funds transfer. I had this hand walked into my banker, as well as got Trinet a copy in case of any issues. My bank has done things like this for me in the past without incident. And there have been no incident on the money transfer issue until this past payment. All of a sudden, after 3 - 4 consecutive successful transfers, Trinet is reporting my bank will not honor the request. They tell me this on Christmas eve and they want me to go to the bank “right away” to wire the fund manually. I explained to them that I was on vacation with my family and that they needed to work this out with the bank directly (that’s why they have a copy of that document), but for some reason it was determined that the easiest way for this to be handled was to have me go down to the bank on Christmas Eve. By the time we went back and forth on this, it was late enough that going to the bank was not an option. So they said I could cut my vacation short and go on the 26th.
Trinet had not real response to my question about why my bank would not honor the document I gave them. They just decided that it was too much trouble I guess. So as of now, employees checks have not been cut.
For the sake of not rambling on forever, I have actually not gone into other issues I have encountered with Trinet. I have not gone into the fact that none of the amounts they deduct make a lot of sense. But they are so screwed up, I know that if I open that can of worms, it will never be solved.
I do have to say that the main rep I deal with there, Angela, is quite nice. I feel genuinely bad when I start bitching about things to her because she clearly doesn’t control any of it. But she doesn’t strike me as overly surprised with all these issues. I get the feeling this must happen a lot.
There have also been issue with their website when trying to make changes for employees, or anything else. They brag that their technology is based around Peoplesoft. As someone who has worked with Peoplesoft, I know that’s not something to brag about. I have never seen a successful Peoplesoft implementation. And I don’t believe Trinet has either. It’s a crap system, and is likely the cause to much of Trinet’s issues.
So if you’re looking for something to make Hr a little more simple, I would not look at Trinet. I spend an obscene amount of time dealing with their issues, and apologizing to employees, which is exactly the opposite of what they are supposed to be doing. You’re better off looking to your bank or other places. I’m not saying that PEO’s or employee leasing is a bad model, I’m just saying that Trinet is not a company I would recommend trusting with your business.
Thursday, December 4, 2008
Common Mistakes of Shopping for PEOs and Employee Leasing on the Web
By Bruce Silver, Founder
Employers Rx LLC
Third of a three part series.
What is Behind Door Number # 1, 2 or 3?
When searching the internet for a PEO, it is important for a busy executive to have some idea of what your needs are, and understand the process you are about to undertake, before starting on your virtual journey. We have identified three types of websites that Google and Yahoo link to when searching for employee leasing or professional employer organizations. The first type of website that visitors will encounter are “Provider” sites, next are “Leads” sites, and last but not least, websites of PEO “Brokers” or consultants.
Is your company among the thousands who are looking for affordable health insurance coverage? You probably have read that professional employer organizations can save business owners 20% to 30% on their health insurance premiums because of their large group health plan. While this claim may be slightly exaggerated, the fact is that less then 10% of all professional employer organizations actually have a master group health plan.
Door # 1 – Are You A PEO Provider?
So how do you know if the website you visit belongs to a true employee leasing or professional employer organization? Look for logos of national and local industry associations like NAPEO, ESAC, FAPEO and others. At the same time, logos from payroll or staffing associations may mean the company is not focused on providing comprehensive human resource services or the “Fortune 500” benefits plans you want.
The “About Us” section should identify the management, their background and expertise. Are you looking for a company that offers a true “master” group health plan? Click on the employee or benefits section to see what types of employee benefits programs are available. Don’t be fooled by insurance company logos. Linking to the websites of Aetna, Blue Cross, or any of the national or regional health plans networks, does not indicate that a company has a large group health plan to offer.
Many PEO’s claim to save you money because of their “large group purchasing power”. In reality, all you get is their insurance broker shopping the market. You may be better of with your own broker. It is important to read between the lines. Here are a few examples.
We offer customized, tailored benefits programs, suited to meet each of our clients’ needs, objectives, demands, and budget. We negotiate contract renewals or we handle receipt of carrier billing and payments.
Be prepared to ask tough questions when you contact the PEO or employee leasing company. Ask about renewals and underwriting. Remember that you will be speaking with someone who represents only that company, and it’s their job to “close the sale”.
Door # 2 – You’re Leading Me On?
Next stop on our virtual tour are the nefarious “Leads” websites. Many of these websites are very attractive, easy to navigate and usually feature information taken directly from websites of established companies (without their knowledge). A typical example is the website SmallBusinessExpo.com. Notice the last sentence at the bottom of the page.
Are you Gevity? Call to customize this page at no charge. Contact us by phone or email.
Google links to obvious “Leads” websites like BuyerZone.com and Staffmarket.com. It is relatively easy to see that these sites collect your company information and sell it to the highest bidders. Many “Leads” websites provide visitors pages of information on topics relevant to employee leasing such as payroll processing and workers compensation. Often the articles are written offshore or copied from legitimate HR blogs and websites.
Websites carrying ads from Google is another clear sign to move on. Why would any employee leasing, PEO or HR company want a competitor advertising on their website. Beware of companies who consistently rank first or second place in Google or Yahoo. In a recent search of Google for employee leasing, first position linked to wiseGeek.com. wiseGeek is owned and operated by Conjecture Corporation of Sparks, Nevada who “creates and manages a portfolio of informational and entertaining consumer web sites”.
Door # 3 – PEO Broker, Who’s Side Are You On?
Our last stop takes us to websites of “Brokers” or consultants specializing in employee leasing, HR outsourcing and the professional employer industry. You will find there are exceptional professionals across the country, many have years of industry experience, with backgrounds in accounting, banking, and insurance. But, how will you know if you have found a qualified consulting firm or PEO brokerage that will help you find and negotiate for a suitable provider? My best advice comes from President Ronald Reagan, who when dealing with the USSR on nuclear disarmament said; “trust but verify”.
“Brokers” websites typically offer business owners and executives a choice of leasing firms and PEOs to select from. Some consultants specialize in a particular region of the country, or have experience with certain industries. The demands and requirements of a client in the trucking business is not the same as an IT company. An industry professional will know exactly which PEOs to contact for a proposal. Ask the firm for their years in business, background, industry experience and expertise, and how they are compensated?
Website testimonials may indicate client satisfaction, but it is always a good idea to ask for, and follow-up on references from both their clients, and the companies they work with. LinkedIn members can access groups dedicated to the PEO industry where you can ask industry professionals about a particular broker or consultant’s reputation. Buyer beware is the rule of the day when shopping for payroll, HR outsourcing and professional employer services.
Tell us if we removed some of the bumps on your road to finding the right employee leasing company or professional employer organization for your business.
Tuesday, November 18, 2008
Disappointed by your PEO or Employee Leasing Company?
By Bruce Silver, Founder
Employers Rx LLC
Have you been disappointed by an employee leasing company or professional employer organization? Was your PEO hired to help you with your employee administration, benefits and compliance tasks. Let's face it. Most PEO's claim to be comprehensive HR organizations who help small business save time and money.
Sometimes this isn't always the case.
Blogger Jonathan Kamens on his blog entitled Something Better To Do describes his experience as an employee of Advent Software, a small software company specializing in financial management systems.
Administaff disappoints
Employers Rx LLC
Have you been disappointed by an employee leasing company or professional employer organization? Was your PEO hired to help you with your employee administration, benefits and compliance tasks. Let's face it. Most PEO's claim to be comprehensive HR organizations who help small business save time and money.
Sometimes this isn't always the case.
Blogger Jonathan Kamens on his blog entitled Something Better To Do describes his experience as an employee of Advent Software, a small software company specializing in financial management systems.
Administaff disappoints
A little less than a year ago, my employer, Tamale Software (since acquired by Advent Software, in what I would happily classify as the fourth successful acquisition of the five in which I’ve been involved), decided to outsource its human resources function to the Professional Employer Organization (PEO) Administaff.
Administaff uses a “co-employment” model, wherein the employees of Administaff’s clients become employees of Administaff as well, and Administaff handles health insurance, payroll, recruiting, performance management, etc. Administaff clients don’t necessarily use all of Administaff’s services; it’s a menu from which they choose what they want. The biggest reason for a company to use Administaff is probably to reduce the cost of health insurance. Administaff can bargain with the insurance industry for lower rates than a small or medium-sized business can on its own, since they have a far larger employee pool.
Tamale has always had awesome benefits, including great health insurance with 100% of the premiums paid by the company. But the company and its employees got a little older and more mature (read “got married and/or started having babies;” I must confess that I’m a major contributor to this!), and at the same time the cost of health insurance skyrocketed across the board. It’s therefore not surprising that Tamale went looking for a way to reduce its costs, and perhaps switching to Administaff was a necessary evil.
Nonetheless, from the point of view of the employees, it was not a positive change. We went from having all of our HR needs seen to directly by an extremely competent, friendly Tamale employee in our office, to dealing over the phone or internet with nameless, faceless Administaff employees cut out of the “barely adequate customer service representative” mold.
Of course, the Administaff sales people sang the praises of their service team and spoke glowingly about how painless the transition would be. I’m sure it will come as no surprise that the reality did not live up to the hype. There were problems from the start, and the problems continued throughout our time with Administaff. A few examples:
- When we filled out the HMO enrolment paperwork, we were given the option of specifying primary care physicians (PCPs) on the forms and told that they would be entered into the system with our initial enrolment. Many of us took the time to look up PCP ID numbers and include them on the form. Administaff did not bother to enter anyone’s PCPs into the system.
- When our HR manager contacted Administaff about the fact that they had completely ignored everyone’s PCP designations, rather than immediately admitting the error and agreeing to rectify it, they told her that we would all have to call the insurance company directly to take care of it. Needless to say, she pushed back until they agreed to solve the problem.
- With their commuter pass program, it was impossible to know from one month to the next which paycheck the cost of the pass would be deducted from. Some months it was the first paycheck, some months it was the second, and some months they completely forgot and had to deduct from both paychecks in the following month.
- They charge a $2 fee per month for the commuter pass program. No employer I have ever worked for in my entire life has charged a fee for participating in a commuter program.
- One month they simply failed to process the commuter passes on time, and we didn’t get them until after the beginning of the next month. We received a letter notifying us that our passes were going to be late and instructing us to buy “day passes” for the intervening days (what about people who live out in yachupitzville where nobody sells T passes?) and then to send in a form to be reimbursed for them. Wow, what a great time-saver!
- It sometimes took Administaff as long as a week and a half to deposit 401k money withheld from paychecks into people’s 401k accounts. Yes, that means that Administaff was making money off of the float in the interim.
- When we terminated our relationship with Administaff after the acquisition, I applied to have my Health-care Flexible Spending Account (FSA) continue under COBRA, because there was a lot of money remaining in the account and I needed more time to spend it. Two weeks after sending the premium check to Administaff to continue the FSA coverage, the check still hadn’t been cashed and the FSA provider still had my account marked closed and therefore was refusing to accept new claims.
Everybody makes mistakes, and occasional mistakes can and should be forgiven. But when there’s a pattern of mistakes, as in the odd-numbered items above, that a sign not only of a lack of quality, but of not caring about quality. And as for the even-numbered items above, they represent much more than simple mistakes; they represent conscious decisions that are detrimental to the customer.
I did a little research about Administaff and discovered that in addition to the “little” problems (not so little, really!) described above, they’ve had their share of Big Problems as well:
- In October 2007, an Administaff laptop containing unecrypted personal data on 159,000 current and former employees managed by Administaff was stolen. Adam Breindel has a great takeon just what this incident says about Administaff (and it isn’t good).
- Back in 2003, Administaff attempted to intimidate people out of saying negative things on their Yahoo! Finance message board by suing Yahoo! and demanding that they reveal the identities of the people making the comments. More information at The Center for Internet and Society at Stanford.
I understand that small and medium-sized businesses face incredible pressure to lower costs any way they can, and for some of them, going with a PEO like Administaff might be inevitable. But I urge any business considering such a move to evaluate carefully the impact on employee morale and the time employees will waste dealing problems like the ones described above, and I urge such businesses to evaluate not merely cost, but also quality of service when choosing which PEO to utilize.
Friday, October 17, 2008
Employers Rx Founder Bruce Silver is Featured on the South Florida Business Report
West Palm Beach, FL, October 17, 2008 -PR.com --- Bruce Silver, founder of employee management consulting firm Employers Rx LLC will be featured on this week’s edition of “The South Florida Business Report” airing on WPEC-CBS Channel 12. Bruce is interviewed by veteran television producer David Weir, who delves into the reasons for his founding of Employers Rx LLC, and the variety of areas that South Florida business owners and entrepreneurs can reduce costs in these challenging times.
The interview touches on the most troubling areas for companies operating in South Florida, and across the country. How can I provide affordable health care for my employees? How can I reduce my administrative costs? How do I stay ahead of HR compliance and employment regulations? Answers to these and other challenging problems are discussed. Bruce explains what a Professional Employer Organization (PEO) is, and the concept referred to as the co-employer relationship.
The South Florida Business Report is devoted exclusively to the local business community, delivering all the local business news, from the lemonade stand to the boardroom. The show, now in its 23rd year, has produced over 20,000 local business stories and nearly 2,500 interviews with local business people. Guests on the show have included Senator Phil Gramm, Senator Connie Mack, and Steve Forbes.
Join David Weir and PEO industry expert Bruce Silver to learn how a Professional Employer Organization can help small and midsize companies weather the storm and prepare for brighter days. The show is broadcast to over 775,000 homes on WPEC-CBS12. Viewers from Ft. Lauderdale to the Space Coast and west to counties surrounding Lake Okeechobee can watch the telecast on Saturday October 18th at 12:00 noon. The show will be rebroadcast Sunday morning at 5:30am on October 19th.
Additional information is available at http://employers-Rx.com, or contact Bruce Silver by email at bruce@employers-Rx.com or by telephone at (877) PEO-CURE.
Information about David Weir and the South Florida Business Report is available at: http://www.southfloridabusinessreport.com
The interview touches on the most troubling areas for companies operating in South Florida, and across the country. How can I provide affordable health care for my employees? How can I reduce my administrative costs? How do I stay ahead of HR compliance and employment regulations? Answers to these and other challenging problems are discussed. Bruce explains what a Professional Employer Organization (PEO) is, and the concept referred to as the co-employer relationship.
The South Florida Business Report is devoted exclusively to the local business community, delivering all the local business news, from the lemonade stand to the boardroom. The show, now in its 23rd year, has produced over 20,000 local business stories and nearly 2,500 interviews with local business people. Guests on the show have included Senator Phil Gramm, Senator Connie Mack, and Steve Forbes.
Join David Weir and PEO industry expert Bruce Silver to learn how a Professional Employer Organization can help small and midsize companies weather the storm and prepare for brighter days. The show is broadcast to over 775,000 homes on WPEC-CBS12. Viewers from Ft. Lauderdale to the Space Coast and west to counties surrounding Lake Okeechobee can watch the telecast on Saturday October 18th at 12:00 noon. The show will be rebroadcast Sunday morning at 5:30am on October 19th.
Additional information is available at http://employers-Rx.com, or contact Bruce Silver by email at bruce@employers-Rx.com or by telephone at (877) PEO-CURE.
Information about David Weir and the South Florida Business Report is available at: http://www.southfloridabusinessreport.com
Monday, September 29, 2008
Offsite HR versus Professional Employer Organization
Published by Bruce Silver
Employers Rx LLC
September 29, 2008
Many business owners have asked me to explain the difference between an Off-Site Human Resource Organization (HRO) and a Professional Employer Organization (PEO), also referred to as employee leasing companies. While most of my clients could care less what the solution is called, so long as we resolve their problem, there are clear differences between these two classifications.
When considering whether you should select an HR outsourcing provider or contracting with a Professional Employer Organization, it is extremely important for business owners and managers to identify the weak links with their employee management and human resource administration. Ask yourself, how can we make our company more competitive? What areas of employee administration can be delivered more efficiently? Are your human resource policies and procedures up-to-date. Are you protecting yourself from frivolous lawsuits by adhering to the myriad of federal, state, and local employment rules and regulations? Are you attracting the best employees by providing a competitive benefits program at affordable rates?
There are four key areas to examine when comparing which employee management solution is best suited for your small or mid-size company. The first area looks into the vendor relationship by examining the roles and the responsibilities of each party under each contract. The second area explores the different services you can expect to receive from each solution provider. Next, we will delve into the various service models, and the different ways that services are delivered, their flexibility, and ways it "touches" your management and employees. Finally, we examine market availability, suitability, and a range of costs or savings you could expect.
We will focus in on each of these four areas in detail with a series of posts to follow. The series will offer our insights on an HR Outsourcing industry that often uses confusing and contradictory definitions and terms to describe similar services. Return often to learn about industry leaders, what sets them apart, and why. We will identify the types and levels of professional services that are best suited for your company's size and budget.
We hope you will join us.
More information is available at Employers-Rx.com
Employers Rx LLC
September 29, 2008
Many business owners have asked me to explain the difference between an Off-Site Human Resource Organization (HRO) and a Professional Employer Organization (PEO), also referred to as employee leasing companies. While most of my clients could care less what the solution is called, so long as we resolve their problem, there are clear differences between these two classifications.
When considering whether you should select an HR outsourcing provider or contracting with a Professional Employer Organization, it is extremely important for business owners and managers to identify the weak links with their employee management and human resource administration. Ask yourself, how can we make our company more competitive? What areas of employee administration can be delivered more efficiently? Are your human resource policies and procedures up-to-date. Are you protecting yourself from frivolous lawsuits by adhering to the myriad of federal, state, and local employment rules and regulations? Are you attracting the best employees by providing a competitive benefits program at affordable rates?
There are four key areas to examine when comparing which employee management solution is best suited for your small or mid-size company. The first area looks into the vendor relationship by examining the roles and the responsibilities of each party under each contract. The second area explores the different services you can expect to receive from each solution provider. Next, we will delve into the various service models, and the different ways that services are delivered, their flexibility, and ways it "touches" your management and employees. Finally, we examine market availability, suitability, and a range of costs or savings you could expect.
We will focus in on each of these four areas in detail with a series of posts to follow. The series will offer our insights on an HR Outsourcing industry that often uses confusing and contradictory definitions and terms to describe similar services. Return often to learn about industry leaders, what sets them apart, and why. We will identify the types and levels of professional services that are best suited for your company's size and budget.
We hope you will join us.
More information is available at Employers-Rx.com
Wednesday, August 20, 2008
Aon Puts a Favorable Spin on Health Insurance Increases
Aon Corporation, the world's 2nd largest insurance broker released their latest survey on projected "health care" costs for 2009. An increase of only 10.6%. So what would you expect the headline to be.
Well not exactly. How about ....
This is "double speak" for let us see where we can cut your benefits this year. Once again, the insurance company will pay less of the claim (if any), employees will pay more, and the employer still gets socked for an increase in premiums, only not as much as last year. Sound familiar?
If your a business owner, employer or manager and you want to escape the annual treadmill or health insurance rate increases .... than you should consider the services of a Professional Employer Organization
PEO-quote.com offers a free guide that helps entrepreneurs and busy executives find out about the many solutions that employee leasing, HR outsourcing, and professional employer organizations can provide the small and midsize company. Take the time to learn what some of the industry leaders can do for you. You owe it to yourself, and to your employees.
Too busy, then call on the services of a consultant that specializes in employee leasing, and the HRO and PEO industry. Business owners can have their questions about employee leasing and professional organizations answered by experienced professionals at Employers Rx LLC.
HEALTH INSURANCE RATES GOING UP AGAIN.
Well not exactly. How about ....
HEALTH CARE COSTS TREND DOWN
Don't be fooled by the industry "Spin". Small business owners and mid-size companies should be prepared to experience another round of double digit rate increases again this year. Just like your experience last year, and the year before that, and the year before that.
Aon Consulting's U.S. Health & Benefits practice director, John Zern, said of the survey results: "While the medical trend rate is still more than twice the consumer price index, it is encouraging to see that health care cost rate increases are continuing to slow down. This is a step in the right direction for companies nationwide that continue to feel significant health care price pressures."
Bill Sharon, senior VP of Aon Consulting and director of the study attributes the decrease in the medical trend rate to more employers and employees taking advantage of wellness, health promotion and consumer driven programs.
"Unlike some other healthcare trend surveys, Aon Consulting's survey reports the expected future increase in employer-provided health plan claims cost before any plan changes, based on the opinions of health plan actuaries. We provide this trend data to help employers evaluate the competitiveness of health insurance premium renewals. For employers with self-funded health plans, this trend data helps them (and their actuaries) develop future claim estimates for budgeting purposes."
"Unlike some other healthcare trend surveys, Aon Consulting's survey reports the expected future increase in employer-provided health plan claims cost before any plan changes, based on the opinions of health plan actuaries. We provide this trend data to help employers evaluate the competitiveness of health insurance premium renewals. For employers with self-funded health plans, this trend data helps them (and their actuaries) develop future claim estimates for budgeting purposes."
This is "double speak" for let us see where we can cut your benefits this year. Once again, the insurance company will pay less of the claim (if any), employees will pay more, and the employer still gets socked for an increase in premiums, only not as much as last year. Sound familiar?
If your a business owner, employer or manager and you want to escape the annual treadmill or health insurance rate increases .... than you should consider the services of a Professional Employer Organization
PEO-quote.com offers a free guide that helps entrepreneurs and busy executives find out about the many solutions that employee leasing, HR outsourcing, and professional employer organizations can provide the small and midsize company. Take the time to learn what some of the industry leaders can do for you. You owe it to yourself, and to your employees.
Too busy, then call on the services of a consultant that specializes in employee leasing, and the HRO and PEO industry. Business owners can have their questions about employee leasing and professional organizations answered by experienced professionals at Employers Rx LLC.
Friday, May 30, 2008
Employee Leasing Scams
Employee Leasing Scams - Buyer Beware.
This article highlights what can go wrong when signing up your small or midsize business with an employee leasing company or professional employer organization without doing your homework. The damage done (and potential liability) by not performing the proper due diligence can have a devastating effect
After almost 6 years, prosecutors are finally bringing to justice (after appeals) 3 more individuals whose audacity and greed ruined the lives of business owners and their employees in Florida, New Jersey, New York and the Midwest.
The Florida Times-Union
By Paul Pinkham
Judge sentences business men to prison
Three business owners who cheated millions of U.S. workers out of insurance benefits were sentenced to a total of 55 years in prison by a Jacksonville judge Thursday in what one investigator called Florida's biggest insurance fraud case. U.S. District Judge Virginia Hernandez Covington also ordered the men to forfeit $75 million in assets to the government to partially repay their victims. She said she was "repulsed" by the crimes and hopes the sentences send a message to the business community that fraud won't be tolerated.
Greed got the better of you," Covington told the defendants, all in their 50s.
In February, after a five-week trial, jurors convicted Donald Edward Touchet, Richard E. Standridge and Robert J. Jennings of mail fraud, wire fraud and money laundering. Prosecutors said the men used sham insurance companies to defraud tens of thousands of small business owners into paying premiums for nonexistent workers comp coverage. Five of the victimized businesses were in Jacksonville. As a result, millions of workers were left without insurance, and some suffered catastrophic financial setbacks, said Assistant U.S. Attorney Mark Devereaux. They included a Missouri man who lost both legs in a construction accident and was only able to get one replaced because the insurance, which he thought he had, never paid for the first one. Another victim, a Lake Butler trucker, suffered brain damage from a job accident but got no salary or hospitalization benefits. He lost his home and his marriage, according to trial testimony.
Covington sentenced Touchet, 54, of El Cajon, Calif., to 22 years in prison and ordered him to forfeit $35 million and property in San Diego County, Calif., to the government. Standridge, 59, a Tempe, Ariz., physician, was sentenced to 18 years in prison and ordered to forfeit $19 million, a $400,000 bank account and four vehicles. Jennings, 59, of Danville, Ill., was sentenced to 15 years and ordered to forfeit $21 million, property in Danville and a motor vehicle. He is dying of cancer, his lawyer said.
Fourteen people have been convicted in the insurance scam, which FBI Special Agent Doug Mathews called the biggest ever in Florida. A 15th defendant is at large in England, and another died while under investigation. Devereaux said prosecutors are proceeding with forfeiture against his New Jersey employee leasing company. The national FBI investigation spun out of the Jacksonville prosecution of Thomas King, president of the Jacksonville employee leasing firm Miralink Group, which collapsed in 2002. King is serving a 14-year sentence. Touchet owned a California employee leasing firm, Jennings ran an administrative services company and Standridge operated several medical corporations. They provided the administrative functions of the sham insurance that King and others purchased, Devereaux said.
In court Thursday, the three men claimed to have been victims themselves, but Covington didn't buy it. "I don't think this had to do with being naive," she said. "I think this had to do with being greedy." Although all three said they sympathized with the victims, Devereaux said their actions and testimony at trial show differently. "You don't get any more serious of a white-collar crime," he told Covington. "This is almost like an Enron where people's life savings are gone, and they [the defendants] just don't care. ... The amount of loss here is absolutely tremendous."
The defendants plan to appeal.
This article highlights what can go wrong when signing up your small or midsize business with an employee leasing company or professional employer organization without doing your homework. The damage done (and potential liability) by not performing the proper due diligence can have a devastating effect
After almost 6 years, prosecutors are finally bringing to justice (after appeals) 3 more individuals whose audacity and greed ruined the lives of business owners and their employees in Florida, New Jersey, New York and the Midwest.
The Florida Times-Union
By Paul Pinkham
Judge sentences business men to prison
Three business owners who cheated millions of U.S. workers out of insurance benefits were sentenced to a total of 55 years in prison by a Jacksonville judge Thursday in what one investigator called Florida's biggest insurance fraud case. U.S. District Judge Virginia Hernandez Covington also ordered the men to forfeit $75 million in assets to the government to partially repay their victims. She said she was "repulsed" by the crimes and hopes the sentences send a message to the business community that fraud won't be tolerated.
Greed got the better of you," Covington told the defendants, all in their 50s.
In February, after a five-week trial, jurors convicted Donald Edward Touchet, Richard E. Standridge and Robert J. Jennings of mail fraud, wire fraud and money laundering. Prosecutors said the men used sham insurance companies to defraud tens of thousands of small business owners into paying premiums for nonexistent workers comp coverage. Five of the victimized businesses were in Jacksonville. As a result, millions of workers were left without insurance, and some suffered catastrophic financial setbacks, said Assistant U.S. Attorney Mark Devereaux. They included a Missouri man who lost both legs in a construction accident and was only able to get one replaced because the insurance, which he thought he had, never paid for the first one. Another victim, a Lake Butler trucker, suffered brain damage from a job accident but got no salary or hospitalization benefits. He lost his home and his marriage, according to trial testimony.
Covington sentenced Touchet, 54, of El Cajon, Calif., to 22 years in prison and ordered him to forfeit $35 million and property in San Diego County, Calif., to the government. Standridge, 59, a Tempe, Ariz., physician, was sentenced to 18 years in prison and ordered to forfeit $19 million, a $400,000 bank account and four vehicles. Jennings, 59, of Danville, Ill., was sentenced to 15 years and ordered to forfeit $21 million, property in Danville and a motor vehicle. He is dying of cancer, his lawyer said.
Fourteen people have been convicted in the insurance scam, which FBI Special Agent Doug Mathews called the biggest ever in Florida. A 15th defendant is at large in England, and another died while under investigation. Devereaux said prosecutors are proceeding with forfeiture against his New Jersey employee leasing company. The national FBI investigation spun out of the Jacksonville prosecution of Thomas King, president of the Jacksonville employee leasing firm Miralink Group, which collapsed in 2002. King is serving a 14-year sentence. Touchet owned a California employee leasing firm, Jennings ran an administrative services company and Standridge operated several medical corporations. They provided the administrative functions of the sham insurance that King and others purchased, Devereaux said.
In court Thursday, the three men claimed to have been victims themselves, but Covington didn't buy it. "I don't think this had to do with being naive," she said. "I think this had to do with being greedy." Although all three said they sympathized with the victims, Devereaux said their actions and testimony at trial show differently. "You don't get any more serious of a white-collar crime," he told Covington. "This is almost like an Enron where people's life savings are gone, and they [the defendants] just don't care. ... The amount of loss here is absolutely tremendous."
The defendants plan to appeal.
Monday, May 19, 2008
Legislators Mull Professional Employer Organizations
Regulating employee leasing companies and professional employer organizations can be a formidable task. Elected officials of West Virginia's Government Organization Subcommittee C is learning just how difficult it can be. Mannix Porterfield, a reporter with the Register-Herald, provides us with an insight into examining the operations of these companies.
This article makes a strong case why business owners and executives should seek professional advice when considering the selection of an Employee Leasing, HR Outsourcing, or Professional Employer Organization for their company.
Legislators Mull Professional Employer Organizations
By Mannix Porterfield
Register - Herald
An emergency rule is coming in mid-June to govern how Professional Employer Organizations align with workers’ compensation coverage, but other issues affecting them don’t end there. In fact, based on Sunday’s discussion by Government Organization Subcommittee C, lawmakers had best plan on looking at PEOs during interims for the rest of the year. Taxes, labor laws and unemployment compensation are all matters the panel plans to look at, Sen. Evan Jenkins, D-Cabell, a co-chairman, assured members. Until last year, there was no regulation of the growing business, and it was the PEO industry itself that called on lawmakers for some standards.
“They are worried, in part, about the image an unscrupulous entity that would act like a PEO but not really be a PEO, and come in and spoil what an appropriately formed and structured PEO may do,” Jenkins said. Insurance Commissioner Jane Cline told the panel her office intends to file an emergency workers’ compensation rule governing PEOs with the secretary of state’s office next month. “The issue of health insurance coverage seems to be a big concern,” Cline said. Cline recalled “a disastrous situation” that occurred with a PEO in North Carolina when the company slipped into bankruptcy, leaving a number of employees in the lurch.
About 14 states have some type of legislation on the books similar to West Virginia’s new law. “Are there places that have a track record of PEOs that we could somehow follow and not have to re-invent the wheel?” asked Sen. Ron Stollings, D-Boone, a doctor. Cline said the industry is interested in the Legislature providing some levels of regulation. “There are legitimate ones doing legitimate things out there,” the insurance commissioner said. “They’re concerned about the ones who might be doing it in a rogue manner.” Committee counsel Brenda Thompson said legislation “varies so greatly” in states that have enacted such legislation, “and it’s really a new creature.”
A lawsuit in Nevada over a PEO law has traveled through four courts already and remains unsettled after eight years of litigation, she pointed out. “This is pretty heavy stuff we’re going into,” Stollings said. “I wish someone had plowed a furrow for us to follow.”
PEOs function as a go-between for a business and its employees, such as in the operation of a firm offering temporary secretarial help, Jenkins explained afterward. “So that company writes one check to the PEO, who would cover all aspects of the employees,” the senator said. “It’s almost like having a dual employer situation. The PEO promotes itself as relieving that employer of the many traditional employer-employee management responsibilities.” A company may retain its right to discipline and fire its workers, but the PEO is the actual entity writing the checks, paying taxes on wages and covering the benefits, he said.
“As we studied this last year, we kept peeling back layers of what these PEOs did,” Jenkins said. “We realized it’s a very complex system.” Last year’s measure merely requires PEOs to register with Cline’s office to lay the groundwork for getting workers’ compensation coverage. “We were wanting to make sure employers weren’t dodging their workers’ compensation responsibilities by using a PEO, and a worker, if injured on the job, wouldn’t find himself in a Catch-22,” Jenkins said.
This article makes a strong case why business owners and executives should seek professional advice when considering the selection of an Employee Leasing, HR Outsourcing, or Professional Employer Organization for their company.
Legislators Mull Professional Employer Organizations
By Mannix Porterfield
Register - Herald
An emergency rule is coming in mid-June to govern how Professional Employer Organizations align with workers’ compensation coverage, but other issues affecting them don’t end there. In fact, based on Sunday’s discussion by Government Organization Subcommittee C, lawmakers had best plan on looking at PEOs during interims for the rest of the year. Taxes, labor laws and unemployment compensation are all matters the panel plans to look at, Sen. Evan Jenkins, D-Cabell, a co-chairman, assured members. Until last year, there was no regulation of the growing business, and it was the PEO industry itself that called on lawmakers for some standards.
“They are worried, in part, about the image an unscrupulous entity that would act like a PEO but not really be a PEO, and come in and spoil what an appropriately formed and structured PEO may do,” Jenkins said. Insurance Commissioner Jane Cline told the panel her office intends to file an emergency workers’ compensation rule governing PEOs with the secretary of state’s office next month. “The issue of health insurance coverage seems to be a big concern,” Cline said. Cline recalled “a disastrous situation” that occurred with a PEO in North Carolina when the company slipped into bankruptcy, leaving a number of employees in the lurch.
About 14 states have some type of legislation on the books similar to West Virginia’s new law. “Are there places that have a track record of PEOs that we could somehow follow and not have to re-invent the wheel?” asked Sen. Ron Stollings, D-Boone, a doctor. Cline said the industry is interested in the Legislature providing some levels of regulation. “There are legitimate ones doing legitimate things out there,” the insurance commissioner said. “They’re concerned about the ones who might be doing it in a rogue manner.” Committee counsel Brenda Thompson said legislation “varies so greatly” in states that have enacted such legislation, “and it’s really a new creature.”
A lawsuit in Nevada over a PEO law has traveled through four courts already and remains unsettled after eight years of litigation, she pointed out. “This is pretty heavy stuff we’re going into,” Stollings said. “I wish someone had plowed a furrow for us to follow.”
PEOs function as a go-between for a business and its employees, such as in the operation of a firm offering temporary secretarial help, Jenkins explained afterward. “So that company writes one check to the PEO, who would cover all aspects of the employees,” the senator said. “It’s almost like having a dual employer situation. The PEO promotes itself as relieving that employer of the many traditional employer-employee management responsibilities.” A company may retain its right to discipline and fire its workers, but the PEO is the actual entity writing the checks, paying taxes on wages and covering the benefits, he said.
“As we studied this last year, we kept peeling back layers of what these PEOs did,” Jenkins said. “We realized it’s a very complex system.” Last year’s measure merely requires PEOs to register with Cline’s office to lay the groundwork for getting workers’ compensation coverage. “We were wanting to make sure employers weren’t dodging their workers’ compensation responsibilities by using a PEO, and a worker, if injured on the job, wouldn’t find himself in a Catch-22,” Jenkins said.
Friday, May 16, 2008
The Risk of Using Independent Contractors
The authors highlight some of the recent changes which may effect companies who employ independent contractors. State and federal regulators and legislators have taken steps to address the widely used, (and often abused) practice of misclassifying entire classes of employees as independent contractors. The report reveals why large and small employers alike should take care in assigning independent contractor status to individuals engaged in consulting, delivery and transportation, sales and marketing, management, personal and technical services.
Compliance and the fear of litigation is just one of the reasons that so many employers are seeking the services of third party employee management firms. Many service models exist, from payrolling companies - providers who serve contingent workforces, employee leasing companies, and PEO's - Professional Employer Organizations.
Below are excerpts from a recent article in the New York Law Journal.
http://www.nylj.com
By Richard J. Reibstein, John A. Nixon, Dan A. Schulder, Stuart A. Shorenstein and Tiffany Raspberry.
The legal landscape involving independent contractors has dramatically and swiftly changed. For decades, legal challenges to an employer's use of independent contractors were infrequent, and many companies were willing to risk the remote chance that they would have to defend a lawsuit or a regulatory inquiry that they had misclassified certain employees as independent contractors.
Over the last year, however, there has been a wave of regulatory and legislative initiatives at both the federal and state levels seeking to stem the use of independent contractors. In addition, companies have been faced with substantial judgments in highly visible lawsuits brought on behalf of classes of workers who have successfully established that they were common law employees improperly classified by their employers as independent contractors.
Regulatory Initiatives
Within the past year, there have been a number of initiatives regulating the use of independent contractors. In May 2007, the Internal Revenue Service undertook a worker misclassification program and announced that the misuse of independent contractors would be a major area of emphasis for the IRS in fiscal 2008. By Nov. 6, 2007, the IRS had entered into data-sharing agreements with 29 state workforce agencies to share the results of employment tax examinations. The IRS has also started to focus in earnest on large corporate employers that allegedly have misclassified employees as independent contractors. In December 2007, the IRS assessed FedEx Ground for $319 million in unpaid employment taxes and penalties, just for calendar year 2002, following the IRS's determination that FedEx Ground drivers had been misclassified as independent contractors.
The Risks of Misclassification
Some of the most substantial risks faced by employers that are found to have improperly reported the income of employees as independent contractors are liability for unpaid federal, state and local income tax withholdings and liability over Social Security and Medicare contributions that are not paid on a Form 1099. Other large financial risks include unpaid unemployment insurance premiums, unpaid Workers' Compensation premiums and unpaid overtime compensation and work-related expenses. These types of liabilities (plus interest and penalties for non-payment) can be potentially devastating for employers that make considerable use of independent contractors.
Another substantial risk is a claim of benefit entitlement by or on behalf of common law employees misclassified as independent contractors. Claims have been successfully brought for pension and profit-sharing benefits, medical benefits and even stock options.
Reclassification
One way to avoid future liability is to reclassify questionable independent contractors as employees. After determining the identity of the 1099ers, counsel should undertake an individualized assessment as to whether each person or class of persons so identified is legally an independent contractor or actually a common law employee.
The legal test for independent contractor or employee status varies according to the law being enforced. The IRS abandoned its fabled 20-factor test several years ago; its current test is supposedly more simplified, focusing on three principal aspects of the worker's relationship with the business: (1) the degree of behavioral control that the business can exercise over the individual; (2) the degree of financial control that the business can exercise over the individual; and (3) the parties' views and perceptions of the relationship. In the employee benefits arena, the U.S. Supreme Court has stated that the test under ERISA focuses upon the hiring party's "right to control the manner and means by which the product is accomplished."4 Although the Supreme Court, the IRS and state agencies have articulated their criteria for determining employee status, the application of these criteria is oftentimes vexing, even to experienced legal practitioners.
Employee Leasing
The use of a responsible employee leasing organization is a practical and viable alternative that allows 1099ers to continue to provide services to the company, yet it substantially minimizes a company's exposure to liability under the tax, employee benefits and labor laws. This alternative can dramatically reduce a company's risk of liability and substantially diminish the likelihood of a lawsuit or an audit by a governmental agency.
Unlike payrolling companies, an employee leasing organization is a third-party employer. Some or all of the company's 1099ers (as well as its long-term temps, project employees, per diems and consultants) can be hired as employees of the leasing organization, which withholds taxes; makes Social Security, Medicare and unemployment payments; pays Workers' Compensation premiums; and may also provide basic medical and dental benefits and offer participation in a 401(k) plan maintained by the leasing organization.
Employers have allowed themselves to be imperiled by such risks because there is a very significant economic inducement to avoid an array of payments required to be made for employees but not for independent contractors. Along with lax enforcement in the past by the IRS and state agencies, these financial incentives have led many businesses to overuse the independent contractor classification.
Conclusion
Now that the IRS and the states have prioritized and targeted employer misuse of independent contractors, companies that use 1099ers to supplement their work force should examine whether they may have legal exposure for employee misclassification. If the potential tax, employee benefits or labor law liability is significant, companies would be wise to seek the most appropriate ways to eliminate or minimize their exposure and comply with laws governing the use of independent contractors. A coordinated, interdisciplinary approach may best serve the company's interests.
There is a significant economic inducement to avoid an array of payments required to be made for employees but not for independent contractors. Along with lax enforcement in the past by the IRS and state agencies, these financial incentives have led many businesses to overuse the independent contractor classification.
The authors are members of WolfBlock's independent contractor compliance working group. Richard J. Reibstein (rreibstein@wolfblock.com) (employment), John A. Nixon (jnixon@wolfblock.com) (employee benefits), Dan A. Schulder (dschulder@wolfblock.com) (tax), and Stuart A. Shorenstein (sshorenstein@wolfblock.com) (government relations) are partners of WolfBlock. Tiffany Raspberry (traspberry@wolfblock.com) is a government relations specialist with WolfBlock Public Strategies.
Compliance and the fear of litigation is just one of the reasons that so many employers are seeking the services of third party employee management firms. Many service models exist, from payrolling companies - providers who serve contingent workforces, employee leasing companies, and PEO's - Professional Employer Organizations.
Below are excerpts from a recent article in the New York Law Journal.
http://www.nylj.com
By Richard J. Reibstein, John A. Nixon, Dan A. Schulder, Stuart A. Shorenstein and Tiffany Raspberry.
The legal landscape involving independent contractors has dramatically and swiftly changed. For decades, legal challenges to an employer's use of independent contractors were infrequent, and many companies were willing to risk the remote chance that they would have to defend a lawsuit or a regulatory inquiry that they had misclassified certain employees as independent contractors.
Over the last year, however, there has been a wave of regulatory and legislative initiatives at both the federal and state levels seeking to stem the use of independent contractors. In addition, companies have been faced with substantial judgments in highly visible lawsuits brought on behalf of classes of workers who have successfully established that they were common law employees improperly classified by their employers as independent contractors.
Regulatory Initiatives
Within the past year, there have been a number of initiatives regulating the use of independent contractors. In May 2007, the Internal Revenue Service undertook a worker misclassification program and announced that the misuse of independent contractors would be a major area of emphasis for the IRS in fiscal 2008. By Nov. 6, 2007, the IRS had entered into data-sharing agreements with 29 state workforce agencies to share the results of employment tax examinations. The IRS has also started to focus in earnest on large corporate employers that allegedly have misclassified employees as independent contractors. In December 2007, the IRS assessed FedEx Ground for $319 million in unpaid employment taxes and penalties, just for calendar year 2002, following the IRS's determination that FedEx Ground drivers had been misclassified as independent contractors.
The Risks of Misclassification
Some of the most substantial risks faced by employers that are found to have improperly reported the income of employees as independent contractors are liability for unpaid federal, state and local income tax withholdings and liability over Social Security and Medicare contributions that are not paid on a Form 1099. Other large financial risks include unpaid unemployment insurance premiums, unpaid Workers' Compensation premiums and unpaid overtime compensation and work-related expenses. These types of liabilities (plus interest and penalties for non-payment) can be potentially devastating for employers that make considerable use of independent contractors.
Another substantial risk is a claim of benefit entitlement by or on behalf of common law employees misclassified as independent contractors. Claims have been successfully brought for pension and profit-sharing benefits, medical benefits and even stock options.
Reclassification
One way to avoid future liability is to reclassify questionable independent contractors as employees. After determining the identity of the 1099ers, counsel should undertake an individualized assessment as to whether each person or class of persons so identified is legally an independent contractor or actually a common law employee.
The legal test for independent contractor or employee status varies according to the law being enforced. The IRS abandoned its fabled 20-factor test several years ago; its current test is supposedly more simplified, focusing on three principal aspects of the worker's relationship with the business: (1) the degree of behavioral control that the business can exercise over the individual; (2) the degree of financial control that the business can exercise over the individual; and (3) the parties' views and perceptions of the relationship. In the employee benefits arena, the U.S. Supreme Court has stated that the test under ERISA focuses upon the hiring party's "right to control the manner and means by which the product is accomplished."4 Although the Supreme Court, the IRS and state agencies have articulated their criteria for determining employee status, the application of these criteria is oftentimes vexing, even to experienced legal practitioners.
Employee Leasing
The use of a responsible employee leasing organization is a practical and viable alternative that allows 1099ers to continue to provide services to the company, yet it substantially minimizes a company's exposure to liability under the tax, employee benefits and labor laws. This alternative can dramatically reduce a company's risk of liability and substantially diminish the likelihood of a lawsuit or an audit by a governmental agency.
Unlike payrolling companies, an employee leasing organization is a third-party employer. Some or all of the company's 1099ers (as well as its long-term temps, project employees, per diems and consultants) can be hired as employees of the leasing organization, which withholds taxes; makes Social Security, Medicare and unemployment payments; pays Workers' Compensation premiums; and may also provide basic medical and dental benefits and offer participation in a 401(k) plan maintained by the leasing organization.
Employers have allowed themselves to be imperiled by such risks because there is a very significant economic inducement to avoid an array of payments required to be made for employees but not for independent contractors. Along with lax enforcement in the past by the IRS and state agencies, these financial incentives have led many businesses to overuse the independent contractor classification.
Conclusion
Now that the IRS and the states have prioritized and targeted employer misuse of independent contractors, companies that use 1099ers to supplement their work force should examine whether they may have legal exposure for employee misclassification. If the potential tax, employee benefits or labor law liability is significant, companies would be wise to seek the most appropriate ways to eliminate or minimize their exposure and comply with laws governing the use of independent contractors. A coordinated, interdisciplinary approach may best serve the company's interests.
There is a significant economic inducement to avoid an array of payments required to be made for employees but not for independent contractors. Along with lax enforcement in the past by the IRS and state agencies, these financial incentives have led many businesses to overuse the independent contractor classification.
The authors are members of WolfBlock's independent contractor compliance working group. Richard J. Reibstein (rreibstein@wolfblock.com) (employment), John A. Nixon (jnixon@wolfblock.com) (employee benefits), Dan A. Schulder (dschulder@wolfblock.com) (tax), and Stuart A. Shorenstein (sshorenstein@wolfblock.com) (government relations) are partners of WolfBlock. Tiffany Raspberry (traspberry@wolfblock.com) is a government relations specialist with WolfBlock Public Strategies.
Sunday, May 4, 2008
The 4 P's of HRO and PEO Evaluation
People – Meet with the management and team you will be working with in person, by phone or tele-conference. What are their backgrounds, functions, qualifications, and responsibilities? What are the scope of services each will deliver, how, and how often?
Process – What is the plan for a smooth transition? Map steps for employee notification, orientation, and enrollment. Identify the who, what, where, and when of plan implementation. Set goals, time-lines, reviews and evaluations.
Platform – Human Resource Information Systems (HRIS) provide a robust set of tools for employee administration, benefits, compliance, payroll, and risk management. Identify levels of employee and management access, orientation, and training. How will you coordinate IT staff for system integration with automated attendance and Point Of Sale systems, 3rd party software and hardware?
Programs – Employee Benefit programs provide a competitive edge in attracting and retaining a highly motivated and productive workforce. Evaluate the quality, value, and choices of health, life, dental, disability and retirement plans. What employee communication, mediation, recognition, rewards, and relocation services are available?
The author can be reached at 561.843.4333 or bruce@employers-Rx.com.
Your comments are welcome. For additional information visit our websites:
http://employers-Rx.com
http://peo-quote.com
Monday, October 8, 2007
Evaluating a PEO
Amy Grimmer, President of Centripetal Consulting Group published an excellent article about evaluating a Professional Employer Organization (PEO). Centripetal Consulting Group are experts in human capital management and they have alliances with PEOs. To read the entire article visit the "Winning" blog.
Sunday, October 7, 2007
Direct Deposit Saves Time And Money
A direct deposit is when your employer deposits your paycheck into your bank account rather than handing you a paper check. Direct deposits save employers money and employees time. Employees no longer have to wait for their paycheck to clear the bank before paying bills or making purchases. Paper checks can be lost, torn or stolen. Direct deposits are secure, confidential and require very little paperwork to set up. Direct deposits are routinely offered by Professional Employers Organizations (PEOs) and Employee Leasing Companies. If your employer does not offer direct deposits ask them to consider working with an employee leasing company that offers this benefit.
Arizona Startup Company Blog
The Arizona Startup Company Blog has an interesting post about Professional Employer Organization (PEO) here. The article covers an explanation of what a PEO is and what services a PEO typically offers.
If you would like to explore working with a PEO visit http://www.peo-quote.com
If you would like to explore working with a PEO visit http://www.peo-quote.com
Wednesday, August 15, 2007
What Is Employee Leasing?
Employee leasing is when an employer moves employees from his or her payroll onto the payroll of an employee leasing company. The employee leasing company becomes the employer of record for the employees and then "loans" the employees back to the original employer for a fee. This fee includes payroll costs and usually includes benefits. The employee leasing company handles all human resources functions for the employees including but not limited to payroll, legal compliance, record keeping and benefits. Employee leasing firms work with any size company and normally offers an employer a significant cost savings.
Wednesday, August 1, 2007
What Kind Of Companies Use A PEO?
A Professional Employer Organization or Employee Leasing Company can work with:
Virtual Assistants
Freelance Writers
Construction firms
Law firms
Automobile shops
Bakeries
Sales organizations
Web designers
Dry cleaning establishments
Spas
Real estate agents
Private investigators
Restaurants
Medical practitioners
Multi-media companies
This list is, of course, only a small portion of the types of companies that work with PEOs. If you would like to join this list visit http://www.peo-quote.com
Virtual Assistants
Freelance Writers
Construction firms
Law firms
Automobile shops
Bakeries
Sales organizations
Web designers
Dry cleaning establishments
Spas
Real estate agents
Private investigators
Restaurants
Medical practitioners
Multi-media companies
This list is, of course, only a small portion of the types of companies that work with PEOs. If you would like to join this list visit http://www.peo-quote.com
Sunday, July 15, 2007
What Is A Health Maintenance Organization (HMO)?
Wikipedia defines a Health Maintenance Organization (HMO) as a type of managed care organization (MCO) that provides a form of health insurance coverage in the United States that is fulfilled through hospitals, doctors, and other providers with which the HMO has a contract. Unlike traditional indemnity insurance, care provided in an HMO generally follows a set of care guidelines provided through the HMO's network of providers. Under this model, providers contract with an HMO to receive more patients and in return usually agree to provide services at a discount. This arrangement allows the HMO to charge a lower monthly premium, which is an advantage over indemnity insurance, provided that its members are willing to abide by the additional restrictions.
Many employers and employee leasing companies offer an HMO as a health insurance option for employees. Websites such as http://www.Peo-Quote.com help employers navigate the maze of health benefits offered by various employee leasing companies.
Many employers and employee leasing companies offer an HMO as a health insurance option for employees. Websites such as http://www.Peo-Quote.com help employers navigate the maze of health benefits offered by various employee leasing companies.
Tuesday, May 15, 2007
What Is An Employee Assistance Program (EAP)?
An EAP is a program that offers counseling and assistance with personal and professional issues impacting employees. In the 1940s some employers offered alcohol rehabilitation programs to employees and this has expanded over time to include assessment and assistance with workplace difficulties, marriage and family issues, financial and legal matters and health issues. These programs are typically focus on relieving employee stress and encouraging counseling as an option for many of life's difficulties. Effective EAPs reduce employee absences and increase employee productivity.
Most Professional Employer Organizations include an EAP plan that will work for businesses and non-profits of any size.
Most Professional Employer Organizations include an EAP plan that will work for businesses and non-profits of any size.
Friday, April 27, 2007
Risk Management One Benefit Of Working With A PEO
The obvious benefit of partnering with a Professional Employer Organization (PEO) is the ability to offer top-notch benefits to employees. A less well known benefit of working with a PEO is that the PEO takes over risk management. The PEO becomes responsible for local, state and federal compliance with various laws and regulations. The ever complicated process of compliance can be handled entirely by the PEO allowing business owners to focus on income producing strategies.
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