California Human Resource Blog

Archive for the ‘Benefit Management’ Category

The Only Constant is Change

Friday, January 21st, 2011

When it comes to being an employer in California, one thing is certain; things will always be changing.  In the key areas of Payroll, Human Resources, Employee Benefits, and Workers’ Compensation and Safety, the rules for you as a business owner are truly a moving target.

Isaac Asimov’s famous quote begins with the iconic statement that “the only constant is change” and goes on to say that “no sensible decision can be made any longer without taking into account not only the world as it is, but the world as it will be”.

Two significant challenges confront business owners in keeping up.  First, you have to be aware of what’s changed in the four key areas of employment: payroll, HR, benefits and workers’ comp.  That could be a full time job in-and-of itself.  And, let’s be honest, you are an expert in your business, not in payroll taxes, employment law, benefits administration, and insurance.  So, even if you can stay abreast of all of the changes that might affect your business, you may not know what they really mean to your bottom line or your company’s future.  Second, with some changes required and others optional, you have to decide how, when, or even if you should implement a change.

Take the Brinker case regarding meal and rest periods that is before the California Supreme Court.  A final ruling has not been issued, so each employer must assess the potential impact and make a business decision which balances the risk of the ruling going one way or the other with your needs, your customer’s needs, and your bottom line in this tough economy.

Or take, for example, the recent reduction of the Social Security payroll tax.  This change didn’t happen until early December but it appeared to be a fairly straight forward, mandated change.  But wait – for self-employed workers, who pay both the employee (worker) portion AND the employer portion, it was unclear what the reduction would be; i.e. would it only apply to the employee portion or to both the employee and employer portion?

You wouldn’t decide if your company should be a partnership or a corporation without professional advice from your attorney or your CPA.   Likewise, don’t try to stay current with, nor interpret changes in, the areas of Payroll, Human Resources, Employee Benefits, and Workers’ Compensation and Safety without also seeking the advice of a professional in the area Employer Services.

Whether it is a small, one time consulting project to review a certain area of your employment relationship with your employees, or a desire to completely offload all of the administrative burdens of being a California Employer and focus on the business of your business, YPP can help.


Protect Your Business

Monday, July 26th, 2010

Employment Practices Liability Insurance (EPLI) is a business insurance that many owners are not aware of or have not realized the value of such coverage to their business.    When it can cost you $100,000 or more to defend a claim – even if you win! – this coverage can be extremely cost-effective.  Partnered with strong HR practices, you have an even better advantage in the event of a claim. 

EPLI is intended to cover claims arising from discrimination, wrongful termination and harassment in your workplace. Employment Practices Liability may also cover other employment related claims such as retaliation, failure to hire or promote, as well as other employment decisions that violate federal, state, or local law relating to employment.   Some of the statutes normally covered by EPLI include:

  • Title VII of the Civil Rights Act of 1964
  • The Age Discrimination in Employment Act
  • The Rehabilitation Act of 1973
  • The Equal Pay Act
  • The Civil Rights Act of 1991
  • The Americans with Disabilities Act
  • The Family and Medical Leave Act
  • The Immigration Reform Control Act of 1986
  • The Older Workers’ Benefit Protection Act
  • The Model Employment Training Act

A “Claim” can be many things and is more than just a lawsuit.  A “Claim” can be the following, although you need to review your policy for specific definitions:

  • the filing of a civil lawsuit or arbitration proceeding;
  • the filing of a criminal lawsuit or the institution of criminal proceedings;
  • an EEOC or DFEH proceeding or other similar federal, state or local administrative proceeding;
  • a written demand for monetary damages or non-monetary relief;
  • a written notice that one of your employees intends to hold you responsible for a Wrongful Employment Practice.

The following types of claims are not usually covered under the EPLI policy, but again, you should review your specific policy:

  • Workers’ Compensation
  • Contractual Liability
  • ERISA (Note:  claims alleging retaliation in violation of Section 510 or
    ERISA may be covered, but the carrier will not pay as loss amounts the benefits, pensions, insurance or other rights sought by a Worksite Employee under any ERISA benefit plan)
  • Losses or costs resulting from a strike or lockout (except for wrongful termination or retaliation as a result of a strike activity or union involvement)
  • Workers’ Adjustment and Retraining Notification Act
  • Liability or Costs incurred when modifying a building or property to make it more accessible or accommodating to any disabled person
  • Fair Labor Standards Act or California wage & hour regulations (except for retaliation claims)
  • National Labor Relations Act
  • Loss amounts arising from, relating to or involving a Business Dispute, or to otherwise Insured  Events arising, directly or indirectly, in whole or in part from such Business Disputes (e.g. a dispute regarding ownership and business interests of a Company. 
  • General Liability or Directors & Officers liabilities.

Some carriers are now providing wage & hour coverage as a special endorsement to EPLI policies.  For this rider and more information about how EPLI can help protect your business, you should contact your insurance broker.  YPP’s PEO clients are automatically endorsed to YPP’s EPLI policy. 


Traditional to Roth IRA Conversion

Monday, July 26th, 2010

2010 is the first year that high-income earners can convert a traditional IRA to a Roth IRA. They can also spread the tax liability for the conversion over the next two years.

What this means is that now anyone can invest in a Roth IRA regardless of income limits. There are no income limits to open up a non-deductible IRA. So, if you are a high income earner, simply open up a non-deductible IRA for $5,000 ($6,000 if over age 50), and immediately convert it to a Roth. If you already own a traditional deductible IRA, you will have to convert a portion of that IRA and pay taxes, so this strategy does not make sense for everyone. Regardless, 2010 has opened up new tax planning strategies that you can discuss with your tax professional.

Whether you are changing jobs and are looking to rollover your 401k account balance to an IRA or you have 401k and/or IRA balances elsewhere, you may want to consider our managed IRA approach. The $10,000 minimum investment requirement has been reduced to $7,500 for individuals who wish to take advantage of the above strategy.


Employee Health Insurance Programs

Friday, February 19th, 2010

Anthem/Blue Cross recently announced a 39% rate increase on individual policies, which they put on hold after the significant negative firestorm they created. Blue Shield has imposed increases on HSA plans of 20-67% in the last year. Mid-size and large group plans are faring better; however, “better” is somewhat relative when it’s still in the 13-15% range year after year. Maintaining a health insurance plan for your employees is becoming more challenging every year.

I have spent a large part of the past 20 years managing the benefit plans for YPP and it’s become more difficult each year to find that balance between affordable rates and quality of coverage. No one wants to provide a plan that employees don’t believe gives them adequate insurance benefits, but doing so has become much more difficult.

YPP’s HR Managers have spent a lot of time in recent years helping clients evaluate their benefit offerings and identify ways to manage costs. This assessment is different for each business, since it can include any of the following:

  • What is the goal of providing benefits? Retention is normally the answer, but has it really helped retention and do other companies you compete for candidates with offer them?

  • What classes of employees should you identify and provide benefits for? If you establish these correctly, you do not have to provide the same level of benefits for each class.

  • What contribution level should you provide, balancing the need to meet the carriers’ contribution and participation requirements with premium costs.

In this challenging economic environment with all signs pointing to staggering benefits cost increases your HR staff needs to take a proactive approach. It isn’t good enough to just passively shrug off the annual cost increase. Challenge your HR staff to give you a complete picture of the competitive landscape and the internal organizational dynamics driving your benefit structure. Some well spent HR creativity can minimize your benefits cash outlay and maximize your return.