Archives 2013

When is a worker an employee?
The IRS and state tax authorities are targeting the workforce that is incorrectly being classified as “1099 contractors” when in fact they are employees.

Why Are They Cracking Down?
The loss to tax authorities by treating legitimate employees as 1099 contractors is substantial. The employer is avoiding withholdings for workers’ comp premium, income tax, social security and Medicare. But the big reason?

Unemployment taxes.

This has become a serious issue not only on a state level, but also federal. Many states have depleted their “re-employment” funds and are relying on federal loans to pay benefits. Several states are behind in their loans and have seen their federal unemployment tax rate increase. Florida, for example, is three years behind in their loan payments and the rate has been increased from 0.8% to 1.7%. (The current federal procedure is to increase the rate 0.3% every year the payments are not made.)

So the employers who are incorrectly paying “employees under 1099” face serious fines, interest, back taxes and penalties.

In the following video, Remax of Avalon Park interviewed agent John Will Tenney to discuss the question:
When is a Worker a W-2 Employee vs. a 1099 Contractor?

Employers should be wary.  Under a recent initiative from the White House, the IRS is taking a dim view of incorrectly classified employees.

For the record, there is no such thing as a “1099 Employee.”  It’s W-2 employee or independent contractor.

So How Do You Know?
The State of Florida uses a list of questions which can be described as “enigmatic” at best:

A “Yes” answer for the following questions indicates that the worker is an employee:
1. Does the business provide instructions to the worker about when, where and how he or she is to perform the work?
2. Does the business provide training to the worker?
3. Are the services provided by the worker integrated into the business’ operations?
4. Must the services be rendered personally by the worker?
5. Does the business hire, supervise and pay assistants to the worker?
6. Is there a continuing relationship between the business and the worker?
7. Does the business set the work hours and schedule?
8. Does the worker devote substantially full time to the work of the business?
9. Is the work performed on the business’ premises?
10. Is the worker required to perform the services in an order or sequence set by the business?
11. Is the worker required to submit oral or written reports to the business?
12. Is the worker paid by the hour, week or month?
13. Does the business have the right to discharge the worker at will?
14. Can the worker terminate his or her relationship with the business any time he or she wishes without incurring liability to the business?
15. Does the business pay the traveling expenses of the worker?

A “Yes” answer for the following questions indicates that the worker is an Independent Contractor:
16. Does the worker furnish significant tools, materials and equipment?
17. Does the worker have a significant investment in the facilities?
18. Can the worker realize a profit or loss as a result of his or her services?
19. Does the worker provide services for more than one firm at a time?
20. Does the worker make his or her services available to the general public?

Some of the questions make sense while others have employers scratching their head and saying “huh?”

Where Can I Get Answers?
We strongly suggest consulting an HR expert or even your CPA.  If you can’t get answers there you can always contact us at PEO Pros – 800.788.8343

Why is pay as you go workers’ comp insurance the right choice for so many businesses these days?

What is Pay as you Go?
In this video clip, CEO John Will Tenney was interviewed by a local real estate office and answers a few questions about Pay as you Go Payroll and Taxes, as well as Pay as you Go Workers’ Comp. Both of these business options can help reduce costly audits and large bills at the end of a fiscal quarter, or the fiscal year.

A big thank you to Rick Aguirre of Remax Realty of Avalon Park for his help with the video.

Pay as you Go for Workers’ Comp
A “standard” workers’ comp policy comes with some “baggage” that many business owners would like to avoid. Not only are there extra fees for a “standard” policy and a possibly expensive audit every year, there are also some added risks. Why else are so many employers now looking at alternative methods? In today’s economy and business environment it pays to be flexible and innovative.

You may be asking what kind of baggage there is. Have you ever asked these questions?

• Who wants to pay a large premium deposit?
• What is this “expense constant” thing they charge?
• Why is it an estimate?
• Why is there an annual audit that usually ends up costing the business owner more money?
• Why is the timing on the big payment always so bad?
• Why are they telling me I am “mis-coded”?

Does any of this sound familiar in your business? How about these?

• Have you ever wondered why they can’t just take the comp premium at the same time you do payroll?
• Did you even know there are “Pay as you Go” workers’ comp insurance programs available?
• Is the only reason you are NOT doing pay as you go because you think it gives up control of your money?
• What is Pay as you go workers’ comp?”

All good questions. Here are some basic answers. (Please contact us to get more answers.)

Workers’ Comp premium is figured as a percentage of payroll for each employee in each “class code.” A “class code” is based upon the job description of the employee. For example, clerical employees and roofers have a different class code and of course a completely different rate of premium. “Mis-coding” is when the people are actually working at, or have different duties than those described in the class code.

PEO Pros functions both as a licensed insurance agency and employer consultants to assist employers in this area. Usually this involves placing the employer with a payroll service, or even a PEO. In many cases the payroll service is optional. Yes, you can still enjoy the transferred liability of a PEO without giving up your payroll.

The advantages to pay as you go services are many but here a few headaches that go away:

• Workers’ Comp annual audit is no longer needed
• Tax forms will be filed by the payroll service
• Large premium deposits go away
• Fewer problems predicting cost of employees
• Easier to add employees without incurring insurance increases
• Since reporting is more frequent (each payroll) changes in job description will likely result in less “mis-coding”

If any of this addresses a problem with your business or company, you may want to give us a call at 800.788.8343 or use the form below to contact us with your inquiry:

Our property and casualty agency has been creating strategic alliances with other large agencies to supply even more markets for business insurance, both to the traditional business owner and PEOs.

Agencies we work with include:
Stonehenge Insurance Services – PEO workers’ comp
Hourglass PC – PEO workers’ comp
Cypress Risk Management – large workers’ comp policies
Pontell Insurance – Business and personal lines
Petrucci Insurance – Business and personal lines
Corsair Insurance Agency – Doctor and Lawyer Professional Liability
Elite Insurance – Business and personal lines
I-surance, LLC – health insurance professionals

We are a provider of master policies to PEOs, Payroll and Staffing Companies for Workers’ Compensation Insurance.

Convenient Links for PEO Owners:

• Our Agency Alliances
• Latest PEO Insurance updates (master policies)

There are several viable options for PEO owners in today’s comp market, including:

• Guaranteed Cost programs
• High deductible programs
• Captive Loss Funds
• Offshore Loss Funds
• “Rent-a-captive” Segregated Portfolios

If you would like to hear more about our PEO master policy options for workers’ comp please contact us using the form below:

New York is a very interesting state for PEO services. The state owns and operates a competitive workers’ comp state fund which makes it difficult sometimes to compete in the PEO environment.

PEOs using a traditional carrier will pay a 19.4% “state fund assessment” to replenish the state fund, which was depleted by a corrupt administration several years ago. Oddly, the state fund itself only charges 6.5% to clients for the same fund, which gives it nearly a 13% advantage right from the start.

However, there are PEO options in NY that can be competitive in many situations. Even if direct savings cannot be achieved on workers comp premium, there are other advantages available, such as reduced rates for unemployment assessment, risk sharing, HR support, liability sharing and other PEO benefits.

The PEO industry is alive and well in NY, even if it is not driven by workers’ comp savings as it is in other states.

Here is an article that explains a little more about PEO Services: Why Use a PEO?

If you would like to get some more information on a quote, please use the form below:

We understand that PEO and staffing company owners can be frustrated with the completely different set of skills required to negotiate larger policies with national carriers. For this and other reasons, they come to us for help. Our typical client is someone who realizes that it is better to be represented with an agency with custom solution expertise, rather than get stuck with an “off the shelf” program.

PEO Pros has many alliances which allow us to offer more custom choices to our clients. We work closely with Stonehenge Insurance Solutions, relying on their extensive experience in the field.

In addition to being a licensed General Agency in several states, we also function as master policy insurance wholesalers.

Products we negotiate for PEOs and staffing companies include:

1: Various policies for Workers’ Comp including:

• Master Workers’ Comp Policy
• Multiple Coordinated Workers’ Comp Policies
• Multi-State Workers’ Comp Policies
• Client-based Workers’ Comp Policies

2: Guaranteed cost, high deductible, retroactive and captive management programs
3: EPLI for clients

Should you find yourself in a situation where dealing directly with a carrier (or carriers) is not working to your satisfaction and profit, you may wish to contact us to explore the possibility of a client-agent relationship. Please use the Quick Contact form shown below or give us a call at 800.788.8343. We can’t help you if you don’t contact us.

Has your workers’ comp coverage been denied or canceled? Not yet? Maybe it isn’t your turn just yet? If renewal time is coming up and you are worried, there are some steps you can take to make it easier.

What is involved in getting workers’ comp coverage? Understand that the insurance company is in the business of managing risks and they are taking a risk every time they add or renew a client. Your goal as a business owner then, along with your agent, is to convince the insurance company, or more specifically the underwriter, that you are a risk worth taking.

Here are the top 10 reasons why company owners either can’t get workers’ comp coverage or have it canceled or denied.

#10: Failure to be specific about what you do.
The ACORD form isn’t always enough. A detailed description of operations goes a long way in to convincing an underwriter that you are worth underwriting. It’s important to use percentages as well. For example, a lawn service company may want to say “80% residential and 20% commercial.” Make sure to list known excessive risk exposures too, such as how often you trim trees, or clean out gutters (involves getting on a roof.) Underwriters do not like surprises!

#9: Failure to maintain a safety program.
This is going to show up in your claims report sooner or later. A safety program not only has to be written, but enforced. Some roofers were seen working on a county school roof recently. They all had harnesses on but they were hooked to nothing. Doesn’t help much. Make sure your employees know the safety program and follow the rules.

#8: Spreading your company too thin.
So many companies try to do more than one thing. A famous person once said “If you try to be everything to everyone, you are going to end up being nothing to nobody.” Find your niche, stick to it, and don’t branch out in to other, riskier areas.

#7: “Shopping” your insurance around on a regular basis.
Sounds like a good business move doesn’t it? It’s not. Underwriters do not want to see your application year after year. Your company will get a reputation as a “policy jumper” and it will become more and more difficult to get a single company to take a chance on you.

#6: Underestimating your payroll to reduce premium.
Admittedly, a lot of times this is the fault of the agent. He or she underestimates your payroll to get you a lower quote. It has a downside, in that it makes you that much less attractive to the carrier. Report your payroll figures as accurately as possible. You plan on growing your company don’t you? It is OK to put that growth in your estimated payroll.

#5: Using too many subcontractors.
Lawyers have learned to “pierce the veil” and “climb the ladder” in subcontractor claims. If more than 20% of your business is handled by subs you are going to have a difficult time getting a traditional workers’ comp policy. Some companies have gone to strategic partner – referral arrangements, rather than subcontracting, because it separates the liability. Granted, you lose control of the cash flow but it is a lot easier to insure.

#4: Using “1099 employees”.
Let’s be clear, there is no such thing as a “1099 employee”. 1099s are reserved for independent contractors. Employees get W-2s. There is no middle ground. If you are paying employees as contractors, and therefore avoiding taxes and premium, sooner or later it will be revealed. The longer it takes to get caught, the more expensive it will be. Be very careful with this. Many states (and the IRS) are cracking down on this.

#3: Owning too many corporations or LLCs.
Workers’ compensation rules are different in different states, but all of them realize the potential cross-company liability of shared ownership companies. So much in fact, that there is a special form (ERM-14) that has a section dedicated to insuring companies with common ownership. While it may seem like a good idea to have multiple companies, most CPAs will tell you that the advantage is minimal compared with the extra paperwork and insurance difficulties. Check with your CPA of course, but it may be to your advantage to have different divisions within one company as opposed to having separate entities.

#2: Putting too much on your website.
Underwriters have the internet on their computers. They know how to use Google. Be assured they will comb every inch of your website to make sure you aren’t doing some high risk activity that you aren’t reporting. This has been the killing blow for several companies trying to get comp coverage. Which leads to the last, and most grievous error companies can commit:

#1: Lying to the insurance company (or agent).
Once you are caught lying on a form, or in an underwriting survey you are pretty much done for. We don’t know exactly how but we know that underwriters communicate with each other. We suspect they have a private Facebook group they tell stories in, and have good laughs about their latest “applicant.”

Never, ever, ever put false information on an insurance form. It’s in writing then and goes on your record. Don’t do it.

Why is it important to have a “rated carrier” for your workers’ comp coverage?

When does it make a difference?

Common questions and answers
How does a carrier get rated anyway?
In most cases it is done by evaluation by an independent company. In almost all cases in the United States today this company is AM Best, Inc. They evaluate several factors, such as diversity of business, financial stability, size of current book of business, amount of surplus on hand, value of outstanding claims, etc. An “A” rating indicates the highest rating, with “B” next and then “C” and so on. There are also “+” and “-” ratings in between (such as A++ all the way down.)

Does a rating make a difference in premium cost?
The correct answer is “It depends”. In certain states the premium is fixed, so only secondary factors come in to effect. Those secondary factors can be affected by rating, or more accurately by the characteristics used to compile that rating. Experienced carriers with large amounts of surplus have more flexibility in offering different plans, which can include discounts, deductibles and credits.

What is the danger of going with an unrated carrier?
he most obvious danger is the possible lack of financial stability in the carrier. In the last few years several unrated carriers have gotten in to financial difficulties and been placed in custodianship with the state they reside in. In this case, coverage may be revoked or terminated without sufficient notice to procure new coverage.

to be continued …

Why would a business owner use a PEO to provide solutions to employer headaches with traditional payroll and insurance methods?

“PEO” stands for Professional Employer Organization. In almost all states this is a licensed and regulated corporation which practices in the field of employee leasing or co-employment.

In an employee leasing scenario, the PEO becomes the Employer of Record of all the client’s employees for purposes of payroll, taxes, insurance and HR compliance. Other services are available if necessary. This is also true in a co-employment situation, but some o the responsibilities are shared. The major share of the liability of having employees is shifted to the PEO, thus enabling the client to concentrate on building their business, instead of being bogged down in the day to day “busy work.”

Our typical client is an employer who is:

• Worried that their current payroll situation may be making mistakes
• Sick of the hassles of workers’ comp insurance
• Nervous about possible unemployment claims
• Does not want to be burdened by payroll issues, such as payroll taxes
• Concerned about keeping their best employees
• Worried about maintaining compliance with HR standards and regulations
• Alarmed at the prospect of complying with new health care laws

Potential clients are employers who suspect they are overpaying for insurance and HR services and still not assured of proper or complete coverage.

Our broker division, EmployerNomics, may be able to assist those employers with employee retention and peace of mind by helping them to supply proper benefits.

Call EmployerNomics at 800-788-8343 or use the form below if you have questions.

There are several other articles under this heading, hold the mouse over the blue bar and select from the drop down menu.

Can things go wrong for an employer? Of course. What can an employer do to ease the pain When Things Go Wrong?

Proper preparation can prevent problems. Having a professional partner can help solve problems.

Having a professional employer organization on your side can help prevent problems be the difference between making or breaking during an employee crisis. Things can go wrong. Things can go wrong with employees and administration, too. There are times having an experienced and professional group on the same team as the employer can help clean up the mess.

Some of the problems that can cripple a business that goes solo are:

Payroll/Tax errors.
No business owner is happy to receive letters from the IRS. Wouldn’t it be great if this could become Somebody Else’s Problem? Wouldn’t it be an advantage if all the employees were on someone else’s Federal ID number?

Workplace injuries.
It happens. Employees can get hurt on the job. What are the procedures? How does an employer avoid legal issues? Workers’ Comp Insurance is expensive for a reason. Doctors, Lawyers and Hospitals love comp claims, since there are no co-pays, deductibles or limits. How can employer make this problem “go away”? How does an employer keep the workers’ comp insurance premiums from rising? How do they avoid costly, end of year audits?

Disputes between Employees.
What are employers allowed to do? How do you handle a fight? How do you terminate a bad employee without incurring risk? How do you avoid an unemployment claim? How can you minimize the damage?

Employment Practices.
Is everything being done right? In compliance? Are there any potential lawsuits sitting out there? How can employers protect themselves from employee lawsuits?

Bad Employees
What can employer do to get rid of a bad employee without opening the gates for wrongful termination? What are the documentation procedures? Is there counseling required? Who knows the answers?

These are challenging questions. Is having a PEO an answer for all of them? Maybe. It depends a lot on the employer, the PEO and the relationship defined in the Client-Service agreement. Do you need an expert to help you select a PEO that matches your needs? That’s where PEO Pros comes in.

If any of the problems listed here sound familiar, or keep you up at night, perhaps you should contact us using the form below, or give us a call at 800-788-8343.