Archive for the ‘Valiant’ Category
GOVERNMENT CONTRACTS ALERT: MAY 2013
Two More Examples of the Benefit of “Corrective Action” in Bid Protests
Our January 2013 Alert discussed the “hidden benefit” of filing a bid protest: an agency’s decision to take “corrective action” instead of facing an adverse GAO decision. Two recent decisions by agencies to take corrective action in the face of bid protests filed by The Weinstein Law Group confirm the effectiveness of this remedy.
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2014 Obama budget, good news & bad news on FUTA
The fiscal 2014 budget presented by President Obama on April 10th includes proposed changes to FUTA taxes that could affect employers bottom line, both in a good and a bad way.
First there is a proposed suspension of the FUTA tax credit reduction for 2013 and 2014. During 2012 nineteen states were deemed to be credit reduction states because they could not pay back their loans to the federal government and that cost employers in those states anywhere from .003 to .009 of the first $7,000 in wages for each employee ($21 – $63) in the credit reduction state.
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10 Ways Military Veterans are Ideal for Physical Security Sector
By: Jerold Ramos
Military veterans transition seamlessly into virtually all types of careers and sectors, but as a U.S. Navy veteran and talent acquisition professional for America’s leading physical security services company, I believe that the physical security industry can be a match made in heaven for transitioning veterans.
Despite a recessionary climate, which makes getting started in many industries challenging, the need for security officer services is rising dramatically. “Demand for security officer and patrol services is forecast to rise at an annual rate of 4.6 percent through 2014 to $25 billion,” states the Freedonia Group Private Security Servicesreport. “The number of officers employed by private security firms is expected to increase 2.6 percent per year to 740,000 in 2014.”
The Empowerment Zone
Tax season is in full swing and it is time to make sure you are not leaving any money on the table. At TaxBreak, we are committed to finding our clients all the credits and incentives that they qualify for. We make it our mission to reduce income taxes that your business owes, which means more money to go back into your bottom-line. One very important incentive, The Empowerment Zone Employment Credit, is curtail to take advantage of this season. If not handled correctly, you could lose an entire year of credits that you rightfully deserve.
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Important Notice!!
On Friday, March 8th, 2013, the IRS released Notice 2013-14 which extended WOTC submission deadlines through April 29, 2013, for all 2012 and first quarter 2013 hires. This is great news for YOU! Now, if you had late submissions during 2012, or pre-qualified new hires for which forms were not submitted at all, you can still receive tax credit certifications if all WOTC forms are signed and submitted to us by April 29, 2013. This applies only to those potentially qualified for the non-veteran target groups. Veteran-only target groups can be submitted through the extended deadline if hired during the first quarter of 2013 only (1/1/13 – 3/31/13).
Rising From The Ashes: Unions At a Crossroads
Unions are continuing to feel negative vibes from all sides. From poor membership numbers – now only 10% of workers are enlisted in traditional unions – to flat out jarring litigation like Right To Work Laws that were recently passed in states like Michigan, there isn’t a PR firm in the world that could be paid enough to paint unions in a positive light. In the private sector, union numbers have dipped to 6.6 percent. This is alarming, as unions were once heralded as the primary cause of the rise of the working class, the primary advocate for worker’s benefits and education, and helped to set general standards for work days, minimum wage, and health protection.
Times have decidedly changed, which is the nature of the post-millenium working world. No longer are workers looking for 9-to-5, traditional clock-in/clock-out jobs. Workers have given way to entrepreneurs, self-employed business owners, contract workers, and job-hoppers. The simple and rigid rules of unions, though well intentioned, simply do not apply to these types of employees. It makes sense: when these unions were in their early days, they could never have had the foresight that would have allowed them to adapt to such a drastic lifestyle change. Someone who works from home, or telecommutes, or wishes to choose their hours operates under a markedly different set of criteria than those who work in the traditional nine-to-fiver unions.
It’s evident that there will always be representation for workers. What isn’t evident is how worker’s representation will work to adjust to the new nature of the American worker.
Here are some possible alternatives on the horizon:
Freelancers Union
With the advent of blogs, social media, and the 24 hour news cycle, and contract work we’ve seen a massive influx of freelance writers, artists, bloggers, construction workers and the like. The Freelancers Union, which now comes close to a quarter of a million enlisted, provides all of the standard advocacy one would expect from an organized union.
An Increase In Employer Respect
Any business owner or corporation will tell you how they despise the idea of a union, which is their prerogative and makes sense. However, it is important for these employers that use non-Union workers to keep their employees forever pleased. B corporations – as they’re called – take extra care to involve their employees in important decision making, provide outstanding benefits, and generally take care of their employees in a way that make them not even want to think about joining a union. This is a utopian, glorious view of how things should be… and if they were, Unions never would have been an idea in the first place.
An Entreprenurial Shark Tank
This model may be the very embodiment of capitalism. Startups have never had the spotlight shone on them any brighter. The employees of these new companies are as at risk as the people who put the company in motion. It is certainly dog-eat-dog – if you aren’t wholly qualified, you don’t have a shot to be a “venture laborer”
A Union Networked
The reality is that we’ll be seeing a little bit of this and that from each of the above ideas. New union structures have so many new things to account for. Depending on your wealth, job, experience, and work sector, a specific set of rules will apply to you. This is where unions are failing at the moment – they were crafted with a very specific kind of laborer in mind, jobs that many of us wouldn’t dream of taking in the new millennium. That said, the most unskilled, uneducated and untalented workers will still find refuge (or a shot at justice) within our legal system.
Unions aren’t dead – they can’t be, and they shouldn’t be. However, they do need to adapt and change and understand that those they are representing have drastically different needs today than they did in the early 1900’s. While collective bargaining is important, it seems that the antiquated core of union leadership around the country is too rooted in a structure that their constituents are simply disinterested in maintaining.
For more information on this topic please email Jeff DiDomenico at Valiant or Click Here for a free assessment.
DOL to Finally Release Rule Curtailing “Advice” Exemption to “Persuader” Activities Reporting
In June 2011, the U.S. Department of Labor (DOL) proposed a new Rule that would significantly narrow the DOL’s interpretation of the “advice” exemption of the Labor-Management Reporting and Disclosure Act (LMRDA). In a December 2012 Report filed by DOL to the federal Office of Information and Regulatory Affairs, DOL stated that it planned to take issue with the Final Rule in April 2013.
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Federal Agencies Look to appeal to a New Generation with Enhanced Technology
Regulation seems to be in vogue from on high in 2013. New legislation has enabled labor-governing bodies that include The National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and The U.S. Department of Labor to stretch their reach to laborers in a way that is, frankly, unprecedented. This is new territory in the sense that they have to find a way to relate to laborers in an age that has seen a widespread weakening of unions. Worker’s values may be changing, and these organizations are challenged to keep up with the times.
What Are They Doing?
These labor organizations have finally taken to technology to reach the younger demographic. In the past, they’ve appeared to be outdated and out-of-touch at best. Embracing social media, for example, has opened new doors to communication with workers who may have concerns. Further, these organizations have now revamped their websites, built apps, and found more streamlined means of getting information to workers. Although they’re late to the party, labor organizations have showed up in style and have even taken steps to help workers do the little things like count their hours, figure out their wages, and answer questions online in an effort to be accessible.
These agencies are also redirecting their efforts to help maintain (and gain) rights for previously neglected employees who are not explicitly protected under the law. Reinterpreting existing law has been a primary initiative. For example, employees that have criminal histories and are beginning to openly express sexual orientation are now being more actively protected and advocated for. There is no legislation that protects these workers, yet it would make sense that advocacy on their behalf could lead to some legal changes in D.C. down the road. The EEOC has been particularly active in creating traction for these groups.
The NLRB Makes Its Mark
This is, easily, the agency that has sought to make the biggest leap to a relevant standing. They have branched out from the National Labor Relations Act in the sense that where the NLRA fails non-union workers, the NLRB will pick up the slack.
In an age where unions are weakened, it is huge that non-union workers are already starting to see a significant voice on their behalf. The NLRB has established a website, here : http://www.nlrb.gov/concerted-activity.
With so much upheaval in the labor landscape – especially with recent legislative landmarks in Michigan’s Right to Work court decisions – it has been interesting to watch how these various labor unions are beginning to mobilize. Most importantly, we’re learning a thing or two about the nature of their politics based on whom they’ve rallied to support. The closer we get to sweeping Federal legislation, the most interesting things become.
For more information on this topic please email Jeff DiDomenico at Valiant or Click Here for a free assessment.
The Affordable Care Act Impact from a Payroll Service Provider
With so many different names for the new Health Care reform law, it is easy to understand how employers and service providers can become confused! Obama Care, Affordable Health Care, Federal Health Care Law, Patient Protection and Affordable Care Act – are all names for what I am now commonly referring to as the Affordable Care Act (ACA).
With so much documentation, terminology and constantly changing legislation, it is easy to become intimidated and overwhelmed. I would like to simplify some of the terms and steps our customers need to take. As a payroll service provider, we must be able to provide our customers with the required data and tools to assist them in developing a strategy and making the correct decisions.
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The Affordable Care Act Impact from a Payroll Service Provider
With so many different names for the new Health Care reform law, it is easy to understand how employers and service providers can become confused! Obama Care, Affordable Health Care, Federal Health Care Law, Patient Protection and Affordable Care Act – are all names for what I am now commonly referring to as the Affordable Care Act (ACA).
With so much documentation, terminology and constantly changing legislation, it is easy to become intimidated and overwhelmed. I would like to simplify some of the terms and steps our customers need to take. As a payroll service provider, we must be able to provide our customers with the required data and tools to assist them in developing a strategy and making the correct decisions.
Your first step should be to identify the type(s) of employees you currently employ. Are they considered Full Time, Part Time, Seasonal or Variable? In relation to the Affordable Care Act, an employee working on average greater than or equal to 30 hours per week is considered full time. A variable employee is one who is tagged as “cannot reasonably be determined to average 30 hours in a week.” So many of our client’s employees fall into this category! The variable employee is the entire reason for utilizing a “look back or measurement” period to calculate the true full time employees count which must be offered coverage. The ability to properly track this data is essential in relieving the financial burden of providing health care benefits to those that do not quality under the law. After conversation with many of our customers, it seems at first glance that it may make sense to simply categorize each employee as strictly Part Time or Full Time or simply offer coverage to all your employees. However, based upon your type of business, it certainly warrants looking at the impact on your insurance costs if you can better track and manage your “variable” employee population.
The second step in the process will be to do a one- time “look back” at your 2013 employee population to determine if you are an “Applicable Large Employer”. “Large” means employing on average 50 or more full time employees in the prior calendar year. “Applicable” is based on specific IRS rules concerning the definition of a “controlled group” which you will need to understand if you think you are under the 50 employee threshold but may exceed based on IRS regulations. Recently “Safe Harbor” guidelines were amended so an employer may use a 6 month period in 2013 (rather than the full 12 calendar months of 2013) to determine the average Full-Time population. Remember this must include a calculation for full time equivalents which are your variable and seasonal employees!
If you are considered an Applicable Large Employer the third step is to determine if you are going to “Pay” or “Play”. If you fail to provide “affordable” health care to your employees, you will immediately incur a $2000.00 per full time employee annual tax. This is your “Pay” option. If you are going to “Play” you must understand what is considered the “maximum employee contribution” limit and the “minimum essential coverage”. The plan you offer your employees must be affordable and valuable by IRS standards. If your employees qualify and obtain subsidized Exchange coverage because your plan is deemed “unaffordable” you will incur a penalty of $3000.00 for each employee that purchases exchange coverage. There are many rules and regulations surrounding this aspect of the law but the penalties are significant and it is worthwhile for you to clearly understand your options and potential exposure.
The fourth step, if you are “playing” by providing coverage, is determining which of your employees are entitled to coverage, when and for how long. Since the potential penalties are based on a Full-Time employee count on a MONTHLY basis, the IRS has recognized that this could be an administrative nightmare and are offering a safe harbor method for measuring your population and stabilizing the coverage period. It is critical that you understand the options of choosing the right measurement period, how to handle new hires and ongoing employees on a monthly basis.
As a leading payroll provider it is essential that we provide our customers with the flexible reporting options so that we can assure compliance with the ACA and so you have confidence that accurate documentation is available in the event of an audit.
Valorie A. Sledge CPM, SPHR
For more information on this topic please email Rick Casmass at Valiant or Click Here for a free assessment.
Authors
- Adam Stark
- Alex Passantino
- Andrew Rigie
- Bob Hayes
- Bob Perry
- Bob Perry
- Carolyn D. Richmond
- Cherie Fuzzell
- Gary Levy
- Holly DeMuro
- Inga Spiess
- Jean Kristensen
- Jeff Weinstein
- John Bauer
- John McHugh
- Jon Levin
- Katie Meeker
- Lisa Brauner
- Matthew Gilley
- Michael Busch
- Mike Lehner
- Nick Fishman
- Rich Wilkinson
- Robert Munao
- Shannon Scott
- Stephanie O'Rourk
- Steve Amitay
- Valiant
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