TOPICS

38 ARTICLES

ADVERTISEMENT

Ad for Slavic
38 ARTICLES

HITTING THE HIGH NOTES: REELIN’ IN THIS YEAR’S SUCCESS IN FEDERAL AFFAIRS

We entered 2024 knowing that the odds of any legislation, let alone major bills, were quite low. Furthermore, Congress and the White House are up for partisan grabs in this upcoming election. Knowing this, we are using this year to build relationships with members of Congress.

BY Alex Milliken

May 2024

KEEP AN EYE OUT: NEW DATA PRIVACY RULES

The bottom line – if you have not updated your CCPA notices since 2022 or earlier – or if you have never provided such notices – you should act quickly to implement new notices and stay compliant with the ever-changing law.

BY John Polson, Esq.

April 2024

PAY TRANSPARENCY CONTINUES TO GAIN MOMENTUM IN 2024

Focus on pay transparency is showing no signs of slowing down. The pay transparency movement, which started with a couple of states, continues to steadily spread across the country and is now a focus at the federal level. PEOs and their clients must remain vigilant of current and proposed laws and developing trends.

BY Laura A. Mitchell, ESQ.

March 2024

WHEN IT RAINES IT POURS

The California Supreme Court’s recent decision in Raines v. U.S. Healthworks Medical Group could create additional exposure for PEOs under California’s employment discrimination laws.

BY Nicholas P. Kapiotis, Esq.

November 2023

WORKPLACE CHALLENGES IN USING ARTIFICIAL INTELLIGENCE

PEOs should be aware of what AI tools can do to assist their clients but should also recognize that this is an emerging technology still subject to flaws.

BY Gordon M. Berger, Esq.

November 2023

SECURE 2.0 ACT UNPACKED: EXPLANATION OF PROVISIONS FOR 2023 AND BEYOND

The SECURE 2.0 Act was passed as part of the larger Consolidated Appropriations Act of 2023. The SECURE Act itself was over 350 pages containing a myriad of retirement-focused provisions. The 2.0 Act impacts all of the most commonly used retirement vehicles (think 401K, 403b, 457 and IRAs) and does so with provisions correcting the …

BY Matt Munn, CPA

October 2023

HELP YOUR CLIENTS HIRE GLOBALLY IN MINUTES WITH AN EMPLOYER OF RECORD (EOR)

In today's interconnected world, scaling globally and building an international workforce offers numerous advantages — from accessing new markets to tapping into diverse talent pools — however, many companies struggle to figure out how to hire global talent easily and compliantly.

BY Nicole Forbes

September 2023

NAPEO ADVOCACY DAY IS A HOME RUN

There's an energy around the PEO industry this year that's palpable. Nowhere is that more true than in Washington DC, where we are starting to make our mark as a strong contributor to the vitality and success of the backbone of the economy: small and mid-size businesses. We've got a great story to tell. Help us tell it.

BY THOM STOHLER

August 2023

NAPEO ADVOCACY DAY IS A HOME RUN

There's an energy around the PEO industry this year that's palpable. Nowhere is that more true than in Washington DC, where we are starting to make our mark as a strong contributor to the vitality and success of the backbone of the economy: small and mid-size businesses. We've got a great story to tell. Help us tell it.

BY Thom Stohler

June/July 2023

MY CLIENT MOVES TO A NEW STATE: WHAT ARE MY NEXT STEPS?

The rise in remote work has brought new challenges. Sometimes, a client notifies its PEO that they are hiring an employee in a new state where the PEO might still need to be licensed. So, what should you do? Below are some key points to consider when a PEO does business in a new state.

BY Elisabeth Shaw, ESQ

May 2023

LIFELINE TURNED MIRAGE: THE ERTC STORY

There are only three authentic objections – every other objection is BS. No good deed goes unpunished. In the case of PEO clients this punishment is an extended one - with no end in sight. During the height of the pandemic, thousands of small and mid-sized businesses made an ethical and noble decision: keep their employees on payroll while weathering a once-in-a-generation economic catastrophe.

BY EVAN FALLOR

May 2023

PRESIDENT BIDEN’S PROPOSED RULE ON RESTRICTIVE COVENANTS

Restrictive covenants, also known as non-compete agreements or post-employment restrictions, are contractual clauses that limit an employee's ability to work for a competitor or start a competing business after leaving their current employer. These covenants have sparked considerable debate and controversy.

BY GORDON M. BERGER, ESQ.

May 2023

VICTORY IN NEW MEXICO

In recent years, NAPEO has seen growing threats to a PEO’s ability to offer large group health plans in Democratic-led states. For example, in New Mexico, this started in 2019 with PEOs receiving “a cease and desist” letter from the New Mexico Office of Superintendent of Insurance (OSI) for operating an illegal multiple employer welfare arrangement (MEWA).

BY EMILY MARSH

May 2023

THE KENTUCKY PEO BILL: A GRASSROOTS STORY

A core mission of our state government affairs efforts is passing the NAPEO Model Act in every state. In states with the model act on the books, PEOs enjoy the benefit of operating in a fair regulatory environment that does not disadvantage PEOs and our small business clients simply because of the unique nature of the PEO business model. Kentucky is the latest state where NAPEO successfully worked to pass a Model Act thanks to the efforts of many members.

BY KRISTIN BALDWIN

May 2023

PAY TRANSPARENCY LAWS SWEEP THE NATION:

An increasing number of states and localities across the country have enacted laws expanding pay transparency requirements to even the employment playing field for women and persons of color. Up from several years ago, over 25 states and localities have enacted some form of pay transparency law that: (i) prohibits  an employer from requesting or relying on salary history; (ii) requires employers to report salaries across different job descriptions; or (iii) requires an employer to disclose a salary range for any given position in a job advertisement or at various points in the application process or upon a reasonable request by the applicant. 

BY MELISSA L. CIZMORRIS, ESQ

May 2023

TO TEST OR NOT TO TEST: WORKPLACE DRUG TESTING RULES VARY BY STATE

Over the past few years, state and local governments have materially expanded the legalization of medical and recreational use of marijuana. While it remains illegal under federal law, most states have legalized marijuana use in a number of circumstances, presenting several practical problems for PEOs and staffing agencies— especially those that conduct workplace drug testing. Employers should become familiar with these laws to avoid legal claims from employees in 2023 and beyond.

BY CONOR J. DALE, ESQ.

May 2023

SUPREME IMPACT: SCOTUS DECISIONS TO AFFECT PEOS THIS YEAR

The U.S. Supreme Court’s (SCOTUS) current term is already well underway, and there are several cases on the docket that will have important implications for PEOs. SCOTUS has already decided one workplace law case this term, and there are several remaining cases that will surely shape labor and employment law in 2023 and beyond. What do PEOs need to know about these recent and pending decisions and their impact on your clients?

BY JOHN POLSON, ESQ.

May 2023

STAY INFORMED: RECENT LEGAL DEVELOPMENTS MAY IMPACT EMPLOYERS’ USE OF ARBITRATION IN EMPLOYMENT CLAIMS

Use of arbitration and class-action waiver agreements allows for the private resolution of employment claims on an individual basis. While arbitration is not a low-cost alternative, it can be a very strong hedge against runaway jury awards and swollen class-action damages.  

BY STEPHEN CALVERT, ESQ.

May 2023

5 Ways PEOs Can Minimize Workplace Safety Liability in California

The COVID-19 pandemic caused workplace safety to be viewed through a lens of magnified importance, but as the world regains a sense of normalcy three years later, many employers have placed it on the back burner. However, now is not the time for complacency in California, particularly considering Cal/OSHA’s vacillating view of PEOs.

BY Hannah Sweiss, ESQ. & Collin Cook, ESQ.

April 2023

STATE PAID FAMILY LEAVE LAWS: WHAT PEOS NEED TO KNOW

As more and more states adopt paid family leave laws, the PEO industry is confronted with both challenges and opportunities as we adapt and manage these laws on behalf of our worksite employer clients. Like the Americans with Disabilities Act (ADA) or the Family Medical Leave Act of 1993 (FMLA) or the Occupational Safety and Health Act (OSH Act), and other laws that have been bestowed on us, we are in a great position to use what we have learned and accomplished over the years to handle the challenges brought on by state paid family leave laws.

BY Tom Jacobs

March 2023

THINK IT THROUGH: HOW RETURN-TO-OFFICE MANDATES MAY IMPACT EMPLOYEE ENGAGEMENT

As a result of the workforce evolution in recent years, remote, hybrid and onsite work has been redefined, and is a top-of-mind subject in daily conversations. Many companies and teams like ours at LandrumHR have an employee base geographically widespread throughout the U.S. In our case, this pre-dates the pandemic, but like these other companies we, too, are still evaluating the pros and cons to re-engaging teams physically onsite where and when possible, without causing disruption to workflow and requiring facilities (re)construct.

BY Gehan "G" Haridy-Ardanowski

February 2023

5 QUESTIONS PEOS COMMONLY ASK ABOUT NON-COMPETES, OTHER RESTRICTIVE COVENANTS

Employee mobility and turnover continue to plague many employers. Naturally, this breeds concerns about what else might go out the door along with a departing employee. Implementing a strategy for protecting a PEO’s or client’s goodwill, business relationships, other employees, confidential information, and trade secrets is crucial. What an appropriate protective strategy should look like depends on numerous factors, and one PEO’s or client’s successful strategy might be disastrous or unworkable if simply duplicated elsewhere. Combined with the challenges of the ever-changing legal landscape of non-compete agreements and other restrictive covenants, many companies struggle knowing where to start.

BY Brian L. McDermott, Esq. and Zachary A. Ahonen, Esq.

February 2023

2022 ELECTION ANALYSIS: WHAT HAPPENED AND WHAT IT MEANS FOR PEOS

As of the writing of this article, it appears that the Democrats will retain control of the Senate. The only question is whether their majority is 50-50 (with Vice President Harris breaking ties) or 51-49. That will be determined by the Georgia run-off between incumbent Sen. Raphael Warnock and challenger Herschel Walker. The House of Representatives will be controlled by the Republicans, though by a very slim margin. From a legislative perspective, with Republican’s controlling the House, President Biden’s remaining legislative agenda has little to no possibility of being enacted. Split control of Congress means that the only bills that will be enacted into law will have to be bipartisan in nature. This is another way of saying “expect gridlock” this session of Congress. 

BY Thom Stohler

December 2022/January 2023

NAVIGATING EARNED WAGE ACCESS OPTIONS: FINDING THE RIGHT SOLUTION

Earned wage access (EWA) is the increasingly accepted term referring to an employee’s ability to access a portion of earned wages in between pay periods. EWA is not a loan, but an advance payment on funds available in the employees’ next paycheck. Financial technology advancements have allowed for significant growth in EWA solutions. However, growing input from state and federal regulatory agencies suggests that PEOs need to carefully consider which solutions most closely adhere to regulatory guidance.

BY Edward Cole

December 2022/January 2023
MORE

ADVERTISEMENT

Ad for iSolved