We find that many employers are unaware of this act. It is, however a very important hiring regulation. According to the Equal Employment Opportunity Commission, “age discrimination involves treating someone (an applicant or employee) less favorably because of his age.”
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
Most frequently, we see cases of age discrimination in the elder set – companies who are hesitant to hire someone who is closer to retirement in favor of someone younger who can put in more time with the company. The law doesn’t require that one individual be below the age of 40, discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40.
Age discrimination doesn’t simply apply to hiring, but all aspects of employment. As it relates to work situations: “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment,” according to the Department of Labor.
Additionally, age driven harassment is protected under this law. Types of harassment can include remarks that can be deemed offensive regarding someone’s age or abilities as a result of their age. The Department of Labor notes that, “Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).” This can be a slippery slope and it is incredibly important to ensure that your Employee Code of Conduct covers these topics.
Do you have an Employee Code of Conduct? If so, does it cover age specific topics like hiring and discrimination? These topics can be confusing and there is often quite a bit of gray area – that’s where you can benefit from a PEO. PEOs are experts in the area of defining employee codes of conduct as well as hiring regulations. Contact us today to set up a consult to find a PEO that can support your business.
Easy Ways to Spot Suspicious Calls from Those Claiming to be the IRS
/in Background Checks, General, Whistleblowing /by adminThe IRS offers some great tips for vetting the calls and discerning phony from real calls.
The first is an understanding for what they are typically using as bait. They may demand money, or say you are due money. They likely will know a significant amount of your personal information and mask their phone numbers from the IRS. Some will go one step further and provide fake names and IRS identification numbers.
The IRS Commissioner, John Koskinen states “We have formal processes in place for people with tax issues. The IRS respects taxpayer rights, and these angry, shake-down calls are not how we do business.” According to the IRS website, there are 5 things the IRS will never do:
The IRS does not use unsolicited email, text messages or any social media to discuss your personal tax issue. One way to ensure that you are up to date on taxes is to work with a PEO – they will make sure that you are following the correct codes, regulations and tax requirements. Contact us today to find out which PEO is right for you!
The Age Discrimination in Employment Act of 1967
/in Compliance, Uncategorized /by adminThe Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
Most frequently, we see cases of age discrimination in the elder set – companies who are hesitant to hire someone who is closer to retirement in favor of someone younger who can put in more time with the company. The law doesn’t require that one individual be below the age of 40, discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40.
Age discrimination doesn’t simply apply to hiring, but all aspects of employment. As it relates to work situations: “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment,” according to the Department of Labor.
Additionally, age driven harassment is protected under this law. Types of harassment can include remarks that can be deemed offensive regarding someone’s age or abilities as a result of their age. The Department of Labor notes that, “Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).” This can be a slippery slope and it is incredibly important to ensure that your Employee Code of Conduct covers these topics.
Do you have an Employee Code of Conduct? If so, does it cover age specific topics like hiring and discrimination? These topics can be confusing and there is often quite a bit of gray area – that’s where you can benefit from a PEO. PEOs are experts in the area of defining employee codes of conduct as well as hiring regulations. Contact us today to set up a consult to find a PEO that can support your business.
Women’s Health and Cancer Rights Act
/in Compliance /by adminWho does it apply to?
What does it cover?
What else do I need to know?
Under WHCRA, mastectomy benefits may be subject to annual deductibles and coinsurance consistent with those established for other benefits under the plan or coverage. Additionally, plans and issuers denying eligibility or future eligibility to enroll or renew insurance coverage are prohibited. They cannot penalize or provide incentives to physicians for providing care that is inconsistent with the WHCRA requirements.
Maintaining compliance with this regulation requires a deep understanding of the types of insurance plans offered to your employees as well as their individual coverages and policies. Benefits are consistently changing and compliance with such benefits can be challenging. A PEO specializes in doing just that – finding the best benefits and keeping up with regulatory compliance. Do you want to make your HR administrative responsibilities easier?
Contact us today to get set up with a PEO who can go to work for you!
The Mental Health Parity Act
/in Compliance /by adminEssentially this act seeks to require parity between the coverage of standard medical conditions with mental health and addiction issues. Typically, mental health services as well as addiction services and support were either not covered or had very low insurance coverage. The revision to the act supplements the existing Parity Act, passed in 1996.
Mental health and addiction are prevalent and growing issues in America and as such, the support and care for them is a hot issue. With the implementation of the Affordable Care Act, there have been additional requirements that need to be fulfilled by businesses depending on their size, benefits structure and number of employees.
These regulations are not just complex at their basis but also are dynamic. They are updated regularly and as such, employers need to make sure that they are monitoring regulatory shifts. Not only is this confusing but it’s also time consuming, particularly for small to medium businesses who are sometimes exempt or required to follow separate legislation.
Feeling overwhelmed with compliance? That is where a PEO comes in. PEOs are experts in these areas and have dedicated staff to track and monitor changes and subsequently managed the implementation of changes in business process to maintain compliance. Contact us today to find a PEO who can help you stay in touch and in regulation!
Purpose of an EIN
/in Uncategorized /by adminWho Needs an EIN?
These 9 digit numbers are utilized for tax purposes and are required for every business with one or more part-time or full-time employees. Additionally, if you pay any contractor or subcontractor for services valued at more than $600 per calendar year, you are also required to have an EIN. If you are registered as a limited liability company, corporation, partnership, or joint venture then you must have an EIN.
How does an EIN work?
EINs identify the business entity and are tagged to all employees as well. These numbers are utilized by employees when filing tax returns and relevant tax documents. The government tracks revenues, salaries and other financial data utilizing these numbers.
How do I obtain an EIN?
Your PEO can assist you in obtaining an EIN or you can apply for one online from the IRS. Online EINs are effective immediately. Additional application options include applying by fax or by mail. Regardless of your application method, it takes up to two weeks for the IRS to assign your EIN to their database.
One of the benefits of outsourcing your HR functions to a PEO provider is that they are capable of handling all of the tricky tax codes and payroll processing services. Contact us today to find out more about how a PEO can help you optimize your payroll and tax processes.
Why Do I Need a PEO?
/in Uncategorized /by adminOne of the key benefits to utilizing a PEO is that they are specialists in all things Human Resources Related. From benefits to compliance to billing – their job is to not only to understand the current requirements but also support future changes to regulations. Some of the functions that PEOs support include:
If you find that you are spending a significant portion of your time or working extra hours to make payroll happen or recruit new employees you should seriously consider utilizing a PEO. Another great reason to engage a PEO is if you are a new business owner. They can help you set up your human resources processes including training and development and performance management. We find that with a lot of new and expanding businesses a lot of human resources processes are left to a trial by fire methodology. PEOs exist to reduce your administrative stress, increase your compliance and optimize your business processes at an affordable cost.
Contact us today for a consultation around what PEO services can help you succeed as a business!
How Can a PEO Fit Into My Organization?
/in Uncategorized /by adminPEOs are ideal business partners as they allow you to choose what they help you with. Whether you are looking to entirely outsource all of your administrative functions or simply bulk up your worksite OSHA compliance – PEOs can support you. It is important to remember that at the very minimum, a PEO must provide their clients with payroll and workers’ compensation insurance. Given their expertise in the areas of Human Resources and Compliance, they not only absorb the work but also the risk.
The term Co-employment is often used when referring to PEOs. What this indicates is the separation of human resources, employee management and liabilities that occur when you work with a PEO. Co-employment is a unique business model as it requires that your employees work for both you and the PEO. Standard daily business operations are supported by your team, but the PEO assumes all administrative functions. As such, the PEO shares many of the liabilities associated with your business and employees.
PEOs serve as an extension of your business that handle Human Resources, leaving you as a business owner to focus on what truly matters – the current and future success of your operation.
Contact us today to find out how we can make PEO services work for you!
Who Can Benefit from a PEO?
/in PEOs /by adminPEOs can handle everything from basic HR functions like payroll processing and benefits to complex items like OSHA compliance and workers compensation insurance. They are also able to support your business in the creation of employee conduct protocols and other HR policies.
There are quite a few businesses and industries that can benefit from PEOs. Small to medium sized businesses are ideal candidates for engaging with a PEO. Generally the HR functions are managed by a single individual or the business owner which can take away significant amounts of time from hiring, employee development and running the business.
Particular industries also benefit greatly from utilizing a PEO to support their human resources functions. The first of which are industries like trucking, construction and moving businesses that tend to pose a higher risk as it relates to work related injuries, employee turnover and scheduling challenges. Given the high risk of the business and the significant regulatory compliance that is required, outsourcing these functions to a PEO not only frees up time but also reduces risk.
Other high risk businesses that would benefit from PEO services include medical practices and dental practices as they also deal with high levels of ever changing regulatory compliance. Obtaining a PEO who specializes in medical and dental services will help ensure that you maintain HIPPA, ACA and other regulatory compliance.
Contact us today to find out how PEO services can support your business operations!
E-Cigarettes in the Workplace
/in e-cigarettes, Policies /by adminMost companies have a tobacco policy – these policies were likely made in the late 80s and early 90s when the anti-smoking campaigns were truly transforming workplaces, retail and restaurants. Because of this, most policies do not have specific rules around e-cigarettes.
Before we write rules we should understand what we are writing them about. E-cigarettes are battery-charged devices that have a heating element that vaporizes a liquid nicotine solution, which the users inhale into their lungs and then puff, producing an odorless water vapor. If they hold their breath for a few seconds, there is no vapor emitted at all. Proponents of e-cigarettes claim there is no risk of secondhand smoke.
So what does this mean for your policies? While many municipalities are using the presence of nicotine to qualify these items under existing tobacco policies, we would not suggest the same for your business. It is much easier to re-write a tobacco policy for a private company than update it for an entire city.
Our recommendation is that you rewrite your policy to be clearer around e-cigarettes and all vaporizing units. Employer Solutions Plus can help you find the right balance and develop an iron-clad policy that is right for your business.
Contact us today to find out more!
How You Can Avoid a Tax Audit
/in Taxes /by admin#1 – Know your risk. Are you a cash business? Perhaps an accounting firm? You are at a higher risk than other industries. Why? Well if you deal in mostly cash, they know that it’s easier to fudge the numbers. If you are an accountant they will assume that you do your own taxes and keep your own books. These are both red flags that will not guarantee but will greatly increase your risk. Another threat is if you had a GREAT year – maybe it was a change in marketing strategy or just an economic boom in your area. Whatever the reason, for the IRS it is seen as a red flag. Keep your books clean and your records accurate and up to date.
#2 – File strategically. Many tax advisors make a few key suggestions around filing behaviors. The first is extend, extend, extend if you think your business may be at risk for an audit. Generally, the companies selected for audits have been selected by the October 15th extension deadline. If you do not think that you are at risk, then file close to the April 15th deadline. As we all know – it doesn’t matter when you file you still have the same deadline for paying your taxes. The other piece of advice is to refrain from filing amendments. Get it right the first time whenever possible. If you are rushing – extend don’t amend.
#3 – Check your work. This is a phrase you probably haven’t heard since high school math but it resonates. Even if you can crunch numbers in your brain faster than you can brew a cup of coffee, check your math two and three times on your taxes. Make sure that your numbers in your forms match your documents.
#4 – Leave no line unwritten. Blanks are just as suspicious to the IRS as the numbers. Give them zero room to question anything. Even if you simply place a dash or a zero, fill in every line. This will show that not only do you have nothing to report but that you were detail oriented.
#5 – Explain your work. We are going back to high school again with this one but again, it matters. Did your company decide to sign on as a major sponsor for an event, thus doubling or tripling your charitable contributions? Let them know! Provide proof. Perhaps you had a REALLY good year and doubled your income thanks to hiring on a second salesperson. Explain yourself. By providing the information up front, you are reducing suspicion around why these unusual events occurred.
While there are no guarantees that these tips will protect you from an audit, being informed can certainly help lower your chances. So can hiring outside help/experts within this niche – contact us today to find out how we can help partner you with tax filing experts!