Complying with employment law has certainly gotten more complex in the last four years, as the Obama administration has increased its focus on investigations and enforcement. This shift will continue during the next four years as well. To the nation’s small businesses, this presents a complicated picture of rules and regulations, government agency initiatives, heightened enforcement, and increased penalties for violations.
In other words, PEOs have their work cut out for them.
If you think the Patient Protection and Affordable Care Act (PPACA) has small businesses reeling, consider this: According to a recent Forbes.com article, since 2010, the Obama administration has issued 854 rules and regulations affecting small businesses. Add to these the myriad of local and state regulations with which businesses must comply and it is easy to understand why small businesses need assistance with regulatory compliance. In fact, a recent Society for Human Resource Management (SHRM) survey found 55 percent of the respondents citing “to control legal risk and improve compliance” as their primary reason for human resources outsourcing.
In Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), the D.C. Circuit Court held that President Obama did not have the power to make three recess appointments to the National Labor Relations Board (NLRB) because the Senate was officially still in session at the time and therefore they were not made during the recess that takes place between sessions.
PEOs and their clients that have struggled with the expense and disruption of litigation or agency investigations related to employee issues are aware that the related demands for time, money, and energy stretch the resources of the PEO and client, and take valuable time away from the “business of doing business.” While no one has found a foolproof way to eliminate the possibility of lawsuits or agency review, legal liability in those circumstances can be reduced by a well-organized and objective audit of the company’s labor and employment policies and procedures.
Coverage through the exchanges will begin in every state on January 1, 2014, with enrollment beginning October 1, 2013. States can elect to build a fully state-based exchange, enter into a state-federal partnership exchange, or default into a federally facilitated exchange. The Patient Protection and Affordable Care Act (PPACA) directs the secretary of Health and Human Services (HHS) to establish and operate a federally facilitated exchange in any state that is not able or willing to establish a state-based exchange. In a federally facilitated exchange, HHS will perform all exchange functions.
While summary plan descriptions (SPDs) have been part of the employee benefit plan landscape since the enactment of the Employee Retirement Income Security Act (ERISA), the summary of benefits and coverage (SBC) is the new kid on the block, having been added to the Internal Revenue Code (Code) and ERISA by the Patient Protection and Affordable Care Act (PPACA). The PPACA directed group health plans to comply with the SBC requirement beginning on or after March 23, 2012, but in light of the delay in providing final guidance, the requirement to provide SBCs to participants in group health plans was applicable for enrollments occurring on or after September 23, 2012.
States are struggling to find ways to strengthen and grow their economies as they begin to recover from the after-effects of the “great recession.” States will also receive reduced federal funding due to the cuts mandated by the sequestration.
Thanks to those of you who participated in NFIB’s recent survey on federal taxes and spending, we now have data that clearly shows just how strongly you feel about the federal government’s need to simplify the tax code, manage its costs, and balance its budget.
PEOs often get unusual calls from their clients. For example, Roger Hays, president and CEO of Premier Employer Services, Inc., in Englewood, Colorado, once received a call from a client that went like this: “We have a problem: One of our supervisors took all his clothes off, ran out the front door, and climbed up the flagpole. What do we do?”
Those of you who come to the Legal and Legislative Conference (LLC) in Washington this month will see a whole lot of NAPEO visibility.
Q. I have heard that Michigan and Indiana have become right-to-work states. Does that mean unions are out in those jurisdictions? A. Not at all.
Over the last few years, the regulatory landscape has changed for employers, and the next four years stand to bring even more change and risk for employers. Regulatory enforcement has become the focus for many key government agencies, and as we look ahead to the next few years, it appears their shift to enforcement will only continue to gain momentum.
As Tax Day loomed last month, American families and employers were keenly aware of the deep cut the government is taking out of their household incomes and hard-earned profits. A heavy tax burden means that consumers have less to spend in the economy and businesses have less for hiring, expanding, and investing.
At NAPEO’s 2013 Legal and Legislative Conference, Monday May 20 and Tuesday May 21, we are doing something new. This year, we will be moving a key portion of the meeting to the U.S. Capitol.