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415 ARTICLES

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415 ARTICLES

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

THE FUTURE OF WORK: 5 GLOBAL EMPLOYMENT TRENDS TO WATCH AND HOW TO STAY COMPLIANT

For companies and employees around the world, the last few years have created opportunities to go beyond traditional ideas of where and how work happens. But, with these new opportunities comes risk. Staying compliant in a world of work that is changing daily requires businesses to be vigilant and proactive.

BY MIRANDA ZOLOT

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

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

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

THE PEO PERISCOPE: A LOOK UNDER THE INSURANCE MARKET

By utilizing the most current and credible information available, Insurance Trends provides quarterly feedback and insights on the insurance industry and its impact on the PEO community. It provides current analysis and futuristic expectations on the terms and conditions that should be anticipated for property and casualty lines of business insurance that impact a PEO and its client companies.

BY Paul Hughes

April 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

A SAFE PREDICTION: USING A PREDICTIVE MODEL WILL ACCELERATE GROUP HEALTH SALES, IMPROVE PRICING, AND BOOST RETENTION

When it comes to signing up new employer groups in your PEO’s health insurance pool, collecting questionnaires has always been a sticking point. Today’s clients are like any other consumers; they demand seamless and nearly instant purchase experiences.

BY Dan Becker, FSA, MAAA

April 2023

DELIVERING VALUE THROUGH RISK MANAGEMENT

Small to medium size companies rely on PEOs to effectively manage critical back-office functions of their businesses such as payroll, employment taxes, employee benefits, human resource functions, and workers compensation insurance.  As a co-employer, PEOs specialize in the most efficient and effective means of supporting their clients by leveraging not only economies of scale, but a firm understanding of the ins and outs of workers compensation and risk management. Just like their PEO partners, carriers also have a positive incentive to improve the viability and efficiency of insureds workers’ compensation programs.   

BY Chris Sullivan

April 2023

WHY IT’S GOOD BUSINESS FOR YOUR CLIENTS TO HAVE A BUSINESS CONTINUITY PLAN

It's no secret that small business owners have an overflowing list of responsibilities on their plates. Whether they are in the early stages of starting a business or have been operating for years, the stressors impacting small business owners often make it challenging for them to see beyond day-to-day tasks and short-term goals. 

BY Andrew Scott

April 2023

THE EVOLVING ROLE OF THE PEO RISK MANAGER

To protect their organizations, PEO risk managers need to expand their thinking and competencies to identify and address emerging risk exposures that threaten the reputation and operational ability of their PEOs. The PEO business and threat environment will continue to change.  PEO risk managers will be challenged to continue to effectively identify and mitigate risks while adding organizational value. 

BY David E. Carothers and Hank Johnson

April 2023

NOT SO RISKY BUSINESS: TACTICS TO FRAME YOUR RISK REDUCTION STRATEGY

PEOs are in a unique situation of being the major—and sometimes only—source of HR services and expertise for many businesses that have varying levels of interest and time to put towards these issues. It’s a bit like being an online lecturer at a major university for undeclared freshman. Several may stay after to graciously thank you for the revelations, though you may hear some snoring. Communicating with clients in ways they understand the seriousness of some issues is hard. 

BY Stacy Jensen

April 2023

AVOIDING ROADBLOCKS: CREATING IDEAL RISK MANAGEMENT DASHBOARDS

Key performance indicator dashboards instantly produce either awe or fear when brought up in conversation, and for good reason. They can be seen as straightforward, objective models that can do no wrong. Or, they can be seen as confusing, subjective, instruments rife with errors. While you have likely seen examples of many different types of dashboards (the good, the bad, and the ugly) it begs the question: what should a dashboard be in its most ideal form? More specifically, what is the most ideal dashboard for a PEO risk management professional?  

BY Frank Huang

April 2023

NEXT GENERATION PEO RISK DEPARTMENTS

As we all know, the year is 2023, and as PEO risk managers it is important that we embrace the title of a Bob Dylan classic: “The Times They Are A-Changin'.” Given the myriad of changing issues facing the PEO risk manager, a detailed point-by-point examination of the evolving issues would be too lengthy to illuminate within the pages of this article. That being said, this article will focus on two emerging and evolving issues that the PEO risk manager should embrace: dynamic risk analysis and next generation risk department staffing.  

BY Scott Johnson

April 2023

CHARACTER FIRST: T&T STAFF MANAGEMENT

PEO veterans will often repeat a familiar industry origin story: in the late 1980s and early 1990s businesses turned to PEOs as a solution for lower workers’ compensation costs. There was no talk of talent acquisition, DEI training, mental health benefits, or any of the other many components to the services and benefits PEOs now provide. In the old days, businesses typically partnered with a PEO to save on costs.   And that’s exactly why Thad Steele first encountered PEOs.  

BY Chris Chaney

April 2023

THE CYBER SEA: Lessons in Leadership, Identity, and Hard Work

As chief information security officer at PrismHR, Dwayne Smith leads the company’s cybersecurity efforts. He works to strengthen cyber defenses, and guard vital information from internal and external threats. A vast and evolving field, cybersecurity requires constant vigilance, training, and adaptation. Smith may be a relative newcomer to the PEO industry, but his background boasts impressive cyber credentials from service in the United States Navy, consulting with government agencies, and leading cybersecurity efforts for Cummins, Inc., a large multinational company.

BY Chris Chaney

March 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

EMPLOYER PRIORITIES FOR HEALTHCARE IN 2023

Employers are recognizing that virtual care has not fully eliminated barriers to access, and that an exclusively virtual strategy can fragment the care experience and lead to wasteful spending. In articulating priorities for 2023 during the Fall 2022 roundtable session with One Medical, organized by the Employer Health Innovation Roundtable, more than 1 in 4 employers cited lack of access to care as a primary concern, and 1 in 4 employers expressed concern over fragmented care.

BY One Medical

March 2023

BUILDING STRONG RELATIONSHIPS WITH CLIENTS LEADS TO BETTER OUTCOMES FOR ALL

A PEO is only as strong as its client relationships. From ownership to worksite employees, we need to be engaged at every level of our clients’ teams. Of course, strong connections between owners and executives build trust that is needed to develop successful relationships.

BY Sam Rathbun

March 2023
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