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Monthly Archives

November 2012

COMP EXEMPTIONS TRIGGER CALLS FOR REFORMS

By Workplace Safety

Most states exempt certain individuals, or groups from required Workers Comp benefits. Examples include sole proprietors, partners, corporate officers, and independent contractors.

However, attempted abuse of the system to reduce premiums is causing several states to reconsider these types of exemptions.

Auditors and worksite inspectors tell tales of construction firms that designate everyone as a corporate officer. Or, when visiting what appears to be a company with 20 employees, the auditor is assured that it’s only a sole proprietor who’s outsourcing his work to 20 independent contractors. To prove the point, each “contractor” is required to purchase his own Workers Compensation policy, which, of course, is useless because each is exempt from the law as a sole proprietor.

These arrangements create two major problems. First, if an exempted party suffers an injury, no benefits will be available. At this point, the entire house of cards might collapse in lawsuits and accusations. Second, Workers Comp premiums and loss costs for all insureds become distorted as large numbers of employees whose premiums should be helping to cover claims stay out of the system by exploiting these exemptions. As a result, several states are moving, or have already moved, to close these loopholes by modifying or eliminating the allowable exemptions.

If you’re using any of these types of exemptions to avoid paying Workers Comp premiums on certain employees, now would be a good time to revisit the purpose behind those choices. Let’s sit down together and discuss your requirements, goals, and options.

401(K) PLANS: SIZE DOES MATTER

By Employment Resources

Guess what? 401(k) plans that supply more money and a larger number of participants to a vendor receive certain benefits that smaller programs don’t enjoy. These might be extra services or fewer basis points in administrative costs. However, if you’re using a smaller plan, don’t fret: What you signed on for initially isn’t necessarily what you must live with forever.

A growing plan should be alert for any discounts and services for which it might be eligible once it reaches certain thresholds. Experts say that when companies get to about an average account balance of $30,000 they should start negotiating for a better deal or tell the plan provider that they’re looking for another vendor. Investment companies don’t want to lose their business.

Most providers designate certain products for specific plans. Some look at the number of participants; others consider the size of the plan portfolio. Still others use average account balance as a gauge. For example, one major fund company divides its clients into five groups based on size and offers different services for each classification, ranging from electronic 401(k) plans for the smallest group to defined benefit administration and consulting services for the largest. Another offers similar services for both small and medium-sized 401(k) plans, but charges different prices to each. As assets rise, an automatic adjustment feature decreases the charge.

The moral: Stay on top of your company’s plan and follow up with your provider once the assets reach a certain level. When negotiating for a new or updated contract, make sure that you understand the thresholds and try to have new product enhancements kick in automatically.

If the assets of your company’s plan have appreciated over time, call us for a review of the details. We’re here to help.

FIVE WAYS TO PUT THE KIBOSH ON EMPLOYEE PRACTICES LAWSUITS

By Employment Resources

What are the biggest employee-related mistakes businesses are making these days? How can you defuse these potential time bombs before they explode into costly disputes? Here’s an overview of the top five employer mistakes and how to avoid them.

  1. Failing to establish an effective sexual harassment policy. Recent Supreme Court decisions have held employers liable for their supervisors’ actions unless complaining employees fail to take advantage of company complaint procedures. In light of these rulings, it’s more important than ever to implement policies and procedures for dealing with sexual harassment.
  2. Failing to pay overtime to nonexempt employees. All too many businesses pay employees a salary regardless of the number of hours they work and whether or not they’re subject to wage and hour laws. Unless employees are exempt as administrative, executive, or professional workers, you must pay them time-and-a-half their regular hourly pay for all hours worked in excess of 40 per week.
  3. Failing to complete I-9 forms for new employees. Some employers photocopy employee-produced documents without filling out the parts of the forms that describe the documents. This can be a costly mistake if you face an audit from the U.S. Citizenship and Immigration Services (USCIS).
  4. Failing to take and document disciplinary actions. Employees who have been discharged for poor performance often have glowing evaluations in their files. This can expose the employer to lawsuits.
  5. Failing to discharge poor performers quickly. If you’ve retained employees for many years despite poor attendance records, multiple infractions, and even several “final” warnings in their files, you’re asking for trouble. These employees are the most likely to sue when they’re finally discharged.

It makes sense to implement these policies — and to supplement them by carrying Employment Practices Liability Insurance. Our employee benefits professionals would be happy to offer you their advice. Just give us a call.

MAKE HEALTH-RELATED BENEFITS APPEALING TO BOOMERS

By Employment Resources

Although many Baby Boomers have entered retirement, millions remain in the workforce and continue to be a valuable employee base that you’ll want to attract and keep. To make your benefits package appealing to this ubiquitous generation, consider these tips from a recent trade press report:

  • Ask the boomers in your company what benefits they desire. Generally speaking, boomers tend to have different wants and needs than other demographic groups. Don’t assume that what works at a rival or neighbor company will work in your case; individual businesses are as different as snowflakes.
  • Provide comprehensive Health insurance. Limited-benefit medical plans probably won’t appeal to boomers, because they’re generally skilled and educated workers who you’ll want to retain.
  • Up the stakes on Dental plans. The boomers smiled and grooved all through the 1960s, but now they have aging teeth that they need to protect. In other words, they’ll want a dental plan with a higher maximum, even if that means paying the entire cost of coverage themselves.
  • Include vision care. Yes, most boomers could see the stage perfectly from their lawn seats at the Crosby, Stills, Nash & Young concert in ’70 — but now they’ll most likely need contacts and glasses.
  • Think about including Health Savings Accounts or Health Reimbursement Arrangements. HSAs and HRAs give healthy employees monetary incentive to steer away from doctors. Personal health accounts also give boomers with health problems increased control over spending on daily medical expenses.

To learn more about how to customize your benefits program for the needs of boomers, feel free to get in touch with one of our specialists.

EMPLOYEE THEFT: SMALL BUSINESSES BEWARE!

By Risk Management Bulletin

Fraud costs businesses uncounted billions a year. Consider these conclusions from a 2011 worldwide survey by the Association of Certified Fraud Examiners:

  • Survey participants estimated that the typical organization loses 5% of its revenues to fraud each year.
  • The median loss caused by the occupational fraud cases in the survey came to $140,000. More than one-fifth of these cases caused losses of at least $1 million.
  • The most common method of fraud was check tampering, followed by skimming (the theft of unrecorded sales), billing manipulations and expense reimbursements.

In fact, small businesses are usually more vulnerable to embezzlement than Fortune 500 corporations. “Small companies are more prone to becoming victims of embezzlement because they don’t have internal controls and have oversights by outside auditors,” says accountant and former IRS agent Gary Iskowitz.

One reason small companies take a bigger hit is because the scams are harder to detect and last longer, sometimes several years, experts say. Despite their vulnerability, many of these businesses don’t take basic precautions to deter fraud. “There’s a reluctance to think about this, compared to larger companies. The attitude is, ‘I’ve got too many other things to think about as a business owner,'” said Rich Simitian, Southern California managing partner for accounting firm Grant Thornton.

Most of the fraudsters aren’t hardened criminals but rather longtime, often trusted workers who rise through the ranks and take on major responsibilities. Employee theft usually starts small and then escalates over time, often triggered by the worker’s personal financial problems.

To learn how you can develop a comprehensive program to help protect your business from these “inside jobs,” feel free to get in touch with our risk management specialists.

USE RISK MANAGEMENT TO HELP CUT COMP COSTS

By Risk Management Bulletin

Any business owner knows that sound risk management provides a foundation on which to stack all other operation strategies — and a great way to reduce accidents and injuries and lower your Workers Comp premiums.

Because this is such an important topic, here are the seven essential benefits of a risk management program, according to The National Alliance for Insurance Education & Research:

  1. Reduced cost of accidents
  2. Providing adequate protection
  3. Economy of operations
  4. Integration of safety plans
  5. Reduced risk of criminal liability
  6. Ability to plan and budget more effectively
  7. A clearer focus on the big picture

If you hire someone to oversee risk management, the Alliance recommends that they:

  • Develop and communicate risk-management policies
  • Prepare recommendations and reports
  • Conduct risk-identification surveys
  • Analyze and measure exposures
  • Review leases and contracts
  • Coordinate compliance with regulations
  • Implement risk-control programs
  • Investigate accidents
  • Manage claims and litigation
  • Arrange risk financing (including insurance); establish retention programs
  • Determine and allocate cost of risk
  • Monitor results

Our agency would be happy to review your risk management program at your earliest convenience and recommend precautions that can help keep Comp premiums under control.

IS A THREAT TO SAFETY HIDING IN YOUR WALLS?

By Risk Management Bulletin

You might not be aware of a risk management issue lurking on your premises. Mold flourishes in wet conditions with poor ventilation if there’s organic material present in the environment. These conditions can exist in hidden or little-used areas of a building, such as behind walls, in ventilation systems, on support structures, or in basements, according to loss control specialists.

Mold can lead to costly property damage or serious injury. The New York City Health Department notes that indoor exposure for humans requires that mold or fungus materials be released into the air and inhaled, exposed to the skin, or ingested. Some of the 100,000 mold species give off spores that cause allergies. Certain mold species produce “mycotoxins,” which many health experts believe can lead to asthma, headaches, memory loss, and seizures.

Insurance trade groups have questioned whether there’s a relationship between mold and injuries. However, courts have allowed damage awards in mold-related cases — and defendants and insurers have settled injury claims, driving up insurance premiums.

It makes sense to have the surfaces and air of your premises inspected for potential sources of mold. Government regulators and businesses throughout the nation are following the New York City Health Department’s “Guidelines on Assessment and Remediation of Fungi in Indoor Environments.” These standards stress that “the underlying cause of water accumulation must be rectified” or mold growth will recur.

If you have any questions about keeping your workplace free from mold, please feel to give us a call.