Category Archives: Compliance

Stay Prepared And Compliant

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Compliance News March 2018

This year is off to a great start for Team CorpStrat! Our newest division CorpStart HR is growing by leaps and bounds. We work diligently to create 21st Century HR for our clients and hope this monthly newsletter helps you keep current with the ever-changing HR compliance laws and HR best practices so that you can be a “best place to work.”

We have a LOT of important compliance issues to cover. Workplace injuries, Department of Industrial Relations required notifications, ACA compliance and much more. Hope you didn’t forget to post your OSHA 300A Summary Form. If so, you still have time to get compliant. Visit https://www.osha.gov/recordkeeping, print, complete, and post.

If 2018 is the year you’d like to get your HR house in order, it’s not too late to give us a call. Just send us a note if you’d like to have a conversation. We’d be happy to partner with you and help you stay compliant. In the meantime, Like us on Facebook and join our newsletter for all things HR.

Are you prepared to navigate workplace injuries?

You get that call that an employee has injured themselves and you go straight into 911 mode. Workers Compensation, medical leave, ADA compliance and not to mention safety protocols flood your mind. While no situation is the same, there are a number of things you can do to make life easier.

  • Know and understand the leave of absences you are required to provide and how they interact with workers compensation.
  • Notify OSHA when required. For deaths, OSHA must be notified within 8 hours, hospitalizations, 24 hours. Failure to know and understand the rules and regulations leads to inspections and heavy fines.
  • Planned Medical Care. Have a concrete workers compensation program that outlines issues like, handling transportation of the employee, healthcare facility, notification of the injury, etc.
  • Investigate the injury. Have solid tools for investigating an incident thoroughly, as you will need to forward any and all information to the carrier and potential legal counsel.
  • American Disability Act. If an employee is able to return to work with modified restrictions this would likely fall under ADA regulations. At this point, you would need to provide a reasonable accommodation. Failure to do so could result in EEOC charges, ADA lawsuits, or even retaliation claims.
  • Review and update your policies often. Proactive measures save time and money in the long run.

Federal Immigration Notification

As mentioned last month, Immigration Enforcement has been updated regarding I-9 inspections of records. Under AB450, the Department of Industrial Relations has released the attached notice that complies with the new law’s notice requirements.  If an employer’s I-9 forms are going to be inspected, the following notice must be posted within 72 hours of learning of the inspection. Because the timeframe is so short, it is recommended employers have an established process to respond to Notice of Inspections and avoid penalties up to $10,000 per violation.

2018 I-9 Inspection Notice Notification

Benefits: Complying with ACA Affordability Test

With the reduction for employers in affordability levels in company-sponsored plans from 9.69% to 9.56%, employers should ensure they are providing health coverage that will not cost the employee more than 9.56% of an employee’s salary.  As increases in premium occur, this can put some of your employees into an unaffordable designation.

Testing?

The IRS created affordability tests to show that the employer has provided coverage that is considered “affordable” and therefore should not be subject to any fines if an employee manages to get coverage on an exchange and receive a premium tax credit to do so.

These tests set out in the final shared responsibility regulations, provide that employer coverage will be considered affordable for purposes of the employer shared responsibility assessment if the required employee contribution for the lowest-cost option offered does not exceed 9.56% of one of the following:

  • W-2 – The employee’s wages for the calendar year reported on the Form W-2.
  • The rate of pay – The amount obtained by multiplying 130 hours by the lower of the employee’s hourly rate of pay as of the first day of the coverage period or lowest rate of pay during the calendar month.
  • Federal poverty line – An amount equal to the federal poverty line for a single individual, divided by 12. Under the FPL safe harbor, employers use the FPL in effect six months prior to the beginning of the plan year to allow time to establish premium amounts in advance of the plan’s open enrollment period.

The affordability test reduction affects employers who use the W-2 and the rate-of-pay tests. In both cases, you may need to reduce the employee contribution rate for single coverage in your lowest-cost plan.

Top 5 Mistakes that cost employers BIG BUCKS

Daily we see employers pay hefty fines to government agencies for payroll violations that are completely avoidable. Knowing and understanding how these 5 payroll liabilities affect you legally will save you tens of thousands of dollars.

1 – Garnishments and Child Support – Employers are responsible for knowing the proper ways to record wage garnishments/child support, federal and state new hire requirements, responding to wage orders, and forwarding the information to the employee.

2 – Sick Pay Classification – As a reminder, California has sick pay requirements that must be reflective on an employee’s paystubs. If you offer PTO, it must be reflective on the paystub to meet the new requirement.

3 – Employee verse 1099 Contractor – Generally the burden is on the employer to prove the classification of any individual was correct. Using the IRS Independent Contractor test and having a concrete Independent Contractors Agreement that addresses, invoicing, use of time, terms/cancelation notice, the scope of service, ownership of property, proof of insurance, etc. will help you build safeguards and protections in case of an audit.

4 – Exempt verse Non-exempt – One of the chief differences between exempt and non-exempt employees is in how the employee is paid. Exempt employees do not qualify for overtime. To qualify for an exemption under the FLSA, employees generally must meet certain tests regarding their job duties and be paid on a salary basis no less than $455 per week. Job titles do not determine exempt status. In order for the exemption to apply, an employee’s specific job duties and salary must meet all the requirements.

5 – Overtime Rules – Many employers get tripped up unintentionally by confusing pay period hours with work week hours. Overtime for non-exempt hourly employees must be calculated based on a specific 7 day period of time regardless of how frequently the employees are paid. Employers that pay piecemeal must ensure they are meeting minimum wage requirements as well when factoring overtime in addition to other factors.

We succeed because our clients succeed and are always here to help.

ERISA Compliance – What Every Employer Needs to Know About Plan Documents

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Imagine an agent from the Department of Labor walks in your office and asks for your ERISA documents. For 90% of employers, the answer would be “what is that?”. Yet for every employer, maintaining ERISA documents is essential – and here is why:

ERISA is a federal law that sets minimum standards for employee benefit plans maintained by private-sector employers.

ERISA includes requirements for both retirement plans (for example, 401(k) plans) and welfare benefit plans (for example, group health plans). ERISA has been amended many times over the years, expanding the protections available to welfare benefit plan participants and beneficiaries.

The Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), enforces most of ERISA’s provisions. Violating ERISA can have serious and costly consequences for employers that sponsor welfare benefit plans, either through DOL enforcement actions and penalty assessments or through participant lawsuits.

All welfare plans are subject to ERISA (medical, dental, vision, life, disability, certain employee assistance and wellness programs, for example) and are required to have a plan document that is memorialized in writing. ERISA further required that the plan document contain specific, express provisions. This means if you deliver any type of benefit program to employees, it’s likely you need a current ERISA document.

How does the DOL enforce ERISA?

The DOL has broad authority to investigate or audit an employee benefit plan’s compliance with the ERISA. The DOL’s EBSA division handles audits of employee benefit plans. To perform these audits, EBSA employs over 400 investigators working out of field offices, many of whom are lawyers or CPAs or have advanced degrees in business or finance. The DOL has authority to assess civil penalties for many different types of ERISA violations.

How can an employer minimize its risk of being audited by the DOL?

As a practical matter, an employer has little control over whether it will be audited by the DOL. However, an employer can take the following steps to help minimize its exposure to a DOL audit:

  • Respond to participants’ benefit questions and requests for information on a timely basis;
  • File Form 5500 on time and make sure it is complete and accurate;
  • Create and distribute participant notices required by law (for example, the summary of benefits and coverage) by the deadline; and
  • Make timely updates to plan documents and summary plan descriptions (SPDs) to reflect legal and design changes.

How can employers be prepared for a DOL audit?

The best way to prepare for a DOL audit is to remain in compliance with the law and establish a recordkeeping system for maintaining all of the important documents relating to your employee benefit plans. Retaining complete and accurate records will help move along the audit process and provide an accurate picture of an employer’s benefit package. As a general rule, these records should be retained for seven years.

Because the DOL has increased the frequency of health plan audits, employers should consider reviewing their health plans for compliance now, before they are selected for audit. It is important for employers to get their health plans’ paperwork in order as part of this process. Don’t be fooled into thinking you are “too small” for ERISA. Employers of every size who provide any type of Employer Sponsored Benefit Plan are subject to ERISA. Ask your broker if you need documents and get them done!

Contact Us

Lief Organics Leaf Labs

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Lief Organics, is a Valencia-based wholesaler of raw nutrients and ingredients for the natural foods and supplement industry. The company just relocated their manufacturing and distributing to new facilities, with a staff of over 100 and a robust sales team growing to $30 million in sales, Lief needed more space.


Lief Organics has experienced amazing growth by creating an environment that attracts high-level talent, an energetic and amazing workspace, and by delivering high-touch employee benefits through CorpStrat. 

Adel Villalobos, The President and CEO was born with a knack for 2 things; science and baseball. He would eventually use baseball as his motivation to attend California State University Northridge, to obtain his degree in Biochemistry and Nutrition. Once enrolled, Adel further realized his passion for science and decided to focus less on his baseball mitt and more on garnering any experience he can get in what was then a relatively new and burgeoning Nutraceutical Industry.

He eventually landed a part-time job as a Customer Service Rep with a company called Natrol. It was at Natrol, where the seed of eventually starting his own company was planted. Adel, was eager to learn and was willing to try his hand in various departments at Natrol, from Customer Service to QC Lab Tech to Marketing, Product Development and even Legal. After moving around all the departments at Natrol, Adel knew what his next step needed to be, and that was to try to make it on his own as a leader in an industry that he has grown to love. In 2008, Adel would eventually go on to start Lief. At the time, equipped with only big dreams and humble beginnings, have now grown into a 140,000 sq. ft. Contract Manufacturing Facility in Valencia California, just 20 minutes north from his home that he shares with his wife and 2 children.

“I love being a part of the professional and personal growth that happens when you are in the Health Sector.  Our industry attracts great people.  Whether it is our staff or our clients. And I am committed to building great relationships and spreading quality supplements worldwide.”

 
Lief’s VP, Victor Leyson, has been working with CorpStrat for nearly 11 years, Lief’s employees receive employee benefits, payroll, and communicate with their employer through CorpStratHR robust Human Resource Management System The HR platform that delivers a “hire through fire” cloud-based way for companies to manage their people and their employment lifespan. “CorpStrat has been a key advisor and catalyst for our growth and unusual amazing advocate for our company” says Leyson. “I value CorpStrat as my one stop shop for guidance and honest /sound advice on all our benefits and Insurance needs from a more global level.”

 

Please contact us for more information or questions regarding your HR needs.

We May Not Own The Building, But Our Name Is On Top!

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The “CorpStrat” headquarters is located near Desoto and the 101 freeway.

 

 

 

 

 

 

 

 

How We Celebrate

CorpStrat celebrates its 25th year in business this year, and what better way to showcase our success than with our logo atop our new headquarters. In January, we moved to Woodland Hills CA, and we officially emblazoned our new offices this past month.

CorpStrat has been named one of the Top Insurance Brokers 2017 by both the San Fernando Valley, and Los Angeles Business Journals. The firm is a member of Anthem’s ACE team, Blue Shields’ President Council, and the firm’s principals maintain Life and Qualifying Member status of The Million Dollar Round Table, an elite group of professionals representing the top 1% of successful insurance and financial service advisors in the USA.

We are proud of our growth, our success and future. Our staff stands ready to help companies and professionals with Employee Benefits, Payroll, HR Technology, HR Compliance, and Business insurance planning.

HR Outsourcing: The Secret Weapon For Today’s Business

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More than ever, today’s businesses are running lean and seeking ways to mitigate their risk while increasing efficiency. In a recent survey conducted by SHRM, they identified the most common reasons why companies choose to outsource their HR:

  • Save Money – 26%
  • Focus on Business – 23%
  • Improve Compliance – 30%
  • Lack of In-house Expertise – 20%

Human resources is more than hiring and firing. Much more. With new laws being passed more and more often, compliance, concrete HR systems, and training are key components businesses of every size need. Noncompliance and lack of systems cost businesses 10’s of thousands of dollars every day.

Options For Managing HR

Employers often try to manage HR themselves with little to no expertise. This often leads business owners working in their business versus on their business. To minimize the challenges posed by HR management, many businesses are turning to CorpStrat HR.

Benefits our clients love:

  • Support in navigating complex legal issues.
  • Cost effective solutions.
  • Effective management of performance issues.
  • Reduced pressure on internal HR staff.
  • Updated practices and policies.
  • Increased productivity.
  • Risk Management.

If you haven’t given serious thought to HR outsourcing, the range of support you can have just might surprise you. Contact CorpStrat today to free up your time so you can focus on your business.