Small Business Knowledge: What is ERISA?

What is ERISA?

ERISA stands for the Employee Retirement Income Security Act of 1974, and is enforced by the Department of Labor’s Employee Benefits Security Administration. It is a federal law that sets minimum standards for pension plans in the private sector.

As a Business Owner, Why Should I Care About ERISA?

While ERISA does not require any employer to establish a pension plan, it does require those that do to meet certain minimum standards including:

  • Providing participants with information about plan features and funding
  • Establishing minimum standards for participation, benefit accrual, and funding
  • Accountability of plan fiduciaries (trustees)

Is your company in compliance? You should be. In addition to penalties business owners may face for violating compliance, ERISA also gives participants the right to sue for benefits and breaches of fiduciary duty. But, before compliance issues scare you aware from offering attractive benefits that will help your employees (and future employees) set aside money for retirement, contact a professional. Compliance is sometimes scary, but it doesn’t need to be.

A Happy Medium?

For businesses engaged in a PEO relationship, expert help with risk management and compliance protects the client from costly fines and lawsuits. PEOs also assume much of a business’s risk through the co-employment relationship.

For businesses that are not engaged in a PEO relationship, Employer Solutions Plus provides benefits and human resource management services such as wage and hour compliance, ERISA, FMLA, COBRA, HIPAA and ADA options. As it relates to pension plans, we provide business owners with all the necessary information they need to make better employee benefits decisions, and most importantly, stay in compliance.

To learn more about PEO options, or employee pension plans and ERISA compliance, contact us today.

How Many Employment Laws and Regulations Are There?

BLBA, CCPA, CWHSSA, DBRA, EPPA, ERISA, FLSA, SCA, OSH, WARN… The list goes on and on. Looks a little bit like alphabet soup, doesn’t it?

To those of us that practice employment law and are licensed professionals, we thrive off this stuff! For those of us (employers) that are just short of an employment law degree, keeping up with these ever-changing rules and regulations is an absolute nightmare!

The Department of Labor (DOL) administers and enforces more than 180 federal laws – and then each of these laws breaks into sub-sections of specific rules and regulations. That’s not even counting state-specific employer/employee regulations!

These federal mandates and the regulations that implement them cover workplace activities for about 10 million employers and 125 million workers. “Activities” include wage and hour practices, discrimination, harassment of all forms, workers compensation, workplace safety and health, benefits, workers unions, and much more.

Many employers choose to protect themselves through a co-employment relationship with a PEO. PEOs are familiar with all state and federal employment laws and can navigate this complex landscape much more effectively and efficiently than the average business owner.

With a better understanding of each law, your business can be better positioned to avoid unsafe or unfair practices. And, through the co-employment relationship, the liability is shared – this is very important for businesses that may face an unexpected lawsuit in the future!

Want to learn more? Contact Employer Solutions Plus!

Health Insurance: I’m a Small Employer…What Are My Coverage Requirements?

You’re a small business and you’re growing … you’ve finally got 10 employees! While you’d love to provide them all with health insurance, you don’t actually have to by law. At this time, there are no federal or state laws requiring small employers to offer benefit plans to their employees.

There are however a number of laws surrounding group health plans, if you do decide to offer health insurance to select employees. These include ERISA and HIPAA, and they address issues such as setting minimum standards for most voluntarily health plans in the private sector, as well as the protection of individually identifiable health information and rights granted to individuals.

While you may not be required by law to provide your employees with health insurance, health insurance coverage is a valued employee benefit that will help you attract and retain top talent. A competitive employee benefits package has the power to differentiate you from fellow employers within your market or industry, which gives your organization more ways to grow and thrive.

Does the thought of introducing additional compliance concerns to your workplace scare you? For businesses engaged in a PEO relationship, expert help with risk management and compliance protects the client from costly fines and lawsuits surrounding ERISA and HIPAA. PEOs also assume much of a business’s risk through the co-employment relationship.

For smaller or select companies that may not benefit financially from entirely outsourcing “everything HR,” Employer Solutions Plus offers Benefits-Only Management for Group Health Plans. Our health insurance experts focus on setting up your policies, while you focus on growing your business.

For more information on health insurance and compliance, visit our benefits section within this blog. For immediate questions or concerns, contact us.

Who is Eligible for FMLA leave?

Background: FMLA (Family and Medical Leave Act) is enforced by the US Department of Labor. This act was established to help employees better balance their work and family responsibilities. It provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. FMLA also requires that the person’s health benefits be maintained the entire time of their leave.

Does FMLA apply to your company? FMLA only applies to companies with 50 or more employees, as well as all public and private elementary and secondary schools, and public agencies. If you are classified as one of the aforementioned, read on!

Only employees that have worked for their employer at least 12 months, or at least 1250 hours over the past 12 months are eligible for FMLA. As an employer, this is just one of the many reasons it’s important to have accurate payroll and employee data. An eligible employee must also work at a location where the company employs 50 or more employees within 75 miles.

Employees requesting to leave work for the following reasons are covered under FMLA. Employers must provide 12 weeks of unpaid, job-protected leave (and a continuation of benefits) to those leaving:

  • for the birth and care of the newborn child of an employee
  • for placement with the employee of a child for adoption or foster care
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition
  • to take medical leave when the employee is unable to work because of a serious health condition

*Source: US Department of Labor

Did you know that in addition to Professional Employer Organization options, Employer Solutions Plus offers human resource management services for FMLA, ERISA, COBRA, HIPPA, ADA and more?

If you’re having trouble sorting through countless compliance issues, employment laws, and regulations, or have a specific question regarding FMLA, please contact us.