WHD Revises Test for Unpaid Internships

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Field Assistance Bulletin (FAB No. 2018-2) establishing that the primary beneficiary test, rather than the six-point test, will determine whether interns at for-profit employers are employees under the federal Fair Labor Standards Act (FLSA).

The primary beneficiary test requires an examination of the economic reality of the intern-employer relationship to determine which party is the primary beneficiary of the relationship. The following seven factors are part of this test:

  1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee — and vice versa.
  2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
  3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
  4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
  5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
  6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
  7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job after the internship.

According to the WHD, under the primary beneficiary test, no one factor is dispositive and every factor is not required to be fulfilled to conclude that the intern is not an employee entitled to the minimum wage. The primary beneficiary test is a distinct shift in analysis because per the six-part test every intern and trainee would be an employee under the FLSA unless his or her job satisfied each of six independent criteria. Courts have held that the primary beneficiary test is an inherently “flexible” test and whether an intern or trainee is an employee under the FLSA necessarily depends on the unique circumstances of each case.

The WHD announced it will conform to the federal court of appeals’ determinations and use the same court-adopted test to determine whether interns or students are employees under the FLSA.

Read the field bulletin

Increased Penalties for Federal Violations

On January 2, 2018, the U.S. Department of Labor (DOL) announced in the Federal Register that penalties for violations of the following federal laws have increased for 2018:

  • Black Lung Benefits Act.
  • Contract Work Hours and Safety Standards Act.
  • Employee Polygraph Protection Act.
  • Employee Retirement Income Security Act.
  • Fair Labor Standards Act (child labor and home worker).
  • Family and Medical Leave Act.
  • Immigration and Nationality Act.
  • Longshore and Harbor Workers’ Compensation Act.
  • Migrant and Seasonal Agricultural Worker Protection Act.
  • Occupational Safety and Health Act.
  • Walsh-Healey Public Contracts Act.

These increases are due to the requirements of the Inflation Adjustment Act, which requires the DOL to annually adjust its civil money penalty levels for inflation by no later than January 15.

These increased rates are effective January 2, 2018.

Read the Federal Register

OSHA Penalties Increased

On January 2, 2018, the U.S. Department of Labor announced in the Federal Register that Occupational Safety and Health Administration (OSHA) penalties will increase for 2018 as follows:

  • Other-than-Serious: $12,934
  • Serious: $12,934
  • Repeat: $129,336
  • Willful: $129,336
  • Posting Requirement Violation: $12,934
  • Failure to Abate: $12,934

These increases apply to states with federal OSHA programs; rates for states with OSHA-approved State Plans will increase to these amounts as well; State Plans are required to increase their penalties in alignment with OSHA’s to maintain at least as effective penalty levels.

These new penalty increases are effective as of January 2, 2018 and apply to any citations issued on that day and thereafter.

Read the Federal Register

Agencies Release Advance Copies of Form 5500 for Filing in 2018

The Employee Benefits Security Administration (EBSA) the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC) released the advance informational copies of the 2017 Form 5500 and related instructions. For small employee benefit plan reports, advance short form copies of 2017 Form 5500-Short Form (SF) and 2017 Instructions for Form 5500-SF were also released with supplemental materials including schedules and attachments.

Read about and download the Form 5500 Series

Originally Published By ThinkHR.com

On January 11, 2018, the Internal Revenue Service released its income tax withholding tables for 2018 reflecting changes made by the December 2017 tax reform legislation. The updated withholding information provides the new rates for employers to use during 2018. Employers are encouraged to use these tables as soon as possible but must use them by no later than February 15, 2018. Employers should continue to use the 2017 withholding tables until they implement the 2018 withholding tables.

According to the U.S. Treasury, an estimated 90 percent of paycheck recipients are likely to see an increase in their take-home pay by February. However, when employees see these changes in their paychecks depends on how quickly the new tables are implemented by their employers and how often they are paid (usually weekly, biweekly, or semimonthly).

To help individuals identify the correct amount of withholding, the IRS is releasing a revised withholding calculator by the end of February, which will be posted on IRS.gov. The IRS encourages taxpayers to use the calculator to adjust their withholding once it is released.

Changes for 2018 and Looking Forward

The new law makes many changes for 2018 that affect individual taxpayers, including an increase in the standard deduction, repeal of personal exemptions, and changes in tax rates and brackets. In relation to Form W-4, these new withholding tables are designed to work with employees’ current W-4, as filed with their employer; so, there are no steps employees must currently take regarding the new tables and law.

The IRS is also working on revising the Form W-4 to reflect the newly available itemized deductions, increases in the child tax credit, the new dependent credit, and repeal of dependent exemptions. However, there is no set release date for the revised form.

Once released, employees may use the new Form W-4 to update their withholding in response to the new law or changes in their personal circumstances in 2018, and by workers starting a new job. Until a new Form W-4 is issued, employees and employers should continue to use the 2017 Form W-4.

For Now

At this time, employers should be reviewing these new tables and implementing necessary changes. For 2019, the IRS has said that it anticipates making even more changes involving withholding. But don’t despair; the agency provides FAQs, which employers and employee may find useful, and pledges to work with the business and payroll community to encourage workers to file new Forms W-4 next year while sharing information on changes in the new tax law that impact withholding.

Stay tuned though, because 2018 has only just begun.

Originally Published By ThinkHR.com

The ACA requires employers to report the cost of coverage under an employer-sponsored group health plan. Reporting the cost of health care coverage on Form W-2 does not mean that the coverage is taxable.

Employers that provide “applicable employer-sponsored coverage” under a group health plan are subject to the reporting requirement. This includes businesses, tax-exempt organizations, and federal, state and local government entities (except with respect to plans maintained primarily for members of the military and their families). Federally recognized Indian tribal governments are not subject to this requirement.

Employers that are subject to this requirement should report the value of the health care coverage in Box 12 of Form W-2, with Code DD to identify the amount. There is no reporting on Form W-3 of the total of these amounts for all the employer’s employees.

In general, the amount reported should include both the portion paid by the employer and the portion paid by the employee. See the chart below from the IRS’ webpage and its questions and answers for more information.

The chart below illustrates the types of coverage that employers must report on Form W-2. Certain items are listed as “optional” based on transition relief provided by Notice 2012-9 (restating and clarifying Notice 2011-28). Future guidance may revise reporting requirements but will not be applicable until the tax year beginning at least six months after the date of issuance of such guidance.

  Form W-2, Box 12, Code DD
Coverage Type Report Do Not
Report
Optional
Major medical X    
Dental or vision plan not integrated into another medical or health plan     X
Dental or vision plan which gives the choice of declining or electing and paying an additional premium     X
Health flexible spending arrangement (FSA) funded solely by salary-reduction amounts   X  
Health FSA value for the plan year in excess of employee’s cafeteria plan salary reductions for all qualified benefits X    
Health reimbursement arrangement (HRA) contributions     X
Health savings account (HSA) contributions (employer or employee)   X  
Archer Medical Savings Account (Archer MSA) contributions (employer or employee)   X  
Hospital indemnity or specified illness (insured or self-funded), paid on after-tax basis   X  
Hospital indemnity or specified illness (insured or self-funded), paid through salary reduction (pre-tax) or by employer X    
Employee assistance plan (EAP) providing applicable employer-sponsored healthcare coverage Required if employer charges a COBRA premium   Optional if employer does not charge a COBRA premium
On-site medical clinics providing applicable employer-sponsored healthcare coverage Required if employer charges a COBRA premium   Optional if employer does not charge a COBRA premium
Wellness programs providing applicable employer-sponsored healthcare coverage Required if employer charges a COBRA premium   Optional if employer does not charge a COBRA premium
Multi-employer plans     X
Domestic partner coverage included in gross income X    
Governmental plans providing coverage primarily for members of the military and their families   X  
Federally recognized Indian tribal government plans and plans of tribally charted corporations wholly owned by a federally recognized Indian tribal government   X  
Self-funded plans not subject to federal COBRA     X
Accident or disability income   X  
Long-term care   X  
Liability insurance   X  
Supplemental liability insurance   X  
Workers’ compensation   X  
Automobile medical payment insurance   X  
Credit-only insurance   X  
Excess reimbursement to highly compensated individual, included in gross income   X  
Payment/reimbursement of health insurance premiums for 2% shareholder-employee, included in gross income   X  
Other situations Report Do Not
Report
Optional
Employers required to file fewer than 250 Forms W-2 for the preceding calendar year (determined without application of any entity aggregation rules for related employers)     X
Forms W-2 furnished to employees who terminate before the end of a calendar year and request, in writing, a Form W-2 before the end of the year     X
Forms W-2 provided by third-party sick-pay provider to employees of other employers     X

By Danielle Capilla
Originally Published By United Benefit Advisors

Have you heard the saying “the eyes are the window to your soul”? Well, did you know that your mouth is the window into what is going on with the rest of your body? Poor dental health contributes to major systemic health problems. Conversely, good dental hygiene can help improve your overall health.  As a bonus, maintaining good oral health can even REDUCE your healthcare costs!

Researchers have shown us that there is a close-knit relationship between oral health and overall wellness. With over 500 types of bacteria in your mouth, it’s no surprise that when even one of those types of bacteria enter your bloodstream that a problem can arise in your body. Oral bacteria can contribute to:

  1. Endocarditis—This infection of the inner lining of the heart can be caused by bacteria that started in your mouth.
  2. Cardiovascular Disease—Heart disease as well as clogged arteries and even stroke can be traced back to oral bacteria.
  3. Low birth weight—Poor oral health has been linked to premature birth and low birth weight of newborns.

The healthcare costs for the diseases and conditions, like the ones listed above, can be in the tens of thousands of dollars. Untreated oral diseases can result in the need for costly emergency room visits, hospital stays, and medications, not to mention loss of work time. The pain and discomfort from infected teeth and gums can lead to poor productivity in the workplace, and even loss of income. Children with poor oral health miss school, are more prone to illness, and may require a parent to stay home from work to care for them and take them to costly dental appointments.

So, how do you prevent this nightmare of pain, disease, and increased healthcare costs? It’s simple! By following through with your routine yearly dental check ups and daily preventative care you will give your body a big boost in its general health. Check out these tips for a healthy mouth:

  • Maintain a regular brushing/flossing routine—Brush and floss teeth twice daily to remove food and plaque from your teeth, and in between your teeth where bacteria thrive.
  • Use the right toothbrush—When your bristles are mashed and bent, you aren’t using the best instrument for cleaning your teeth. Make sure to buy a new toothbrush every three months. If you have braces, get a toothbrush that can easily clean around the brackets on your teeth.
  • Visit your dentist—Depending on your healthcare plan, visit your dentist for a check-up at least once a year. He/she will be able to look into that window to your body and keep your mouth clear of bacteria. Your dentist will also be able to alert you to problems they see as a possible warning sign to other health issues, like diabetes, that have a major impact on your overall health and healthcare costs.
  • Eat a healthy diet—Staying away from sugary foods and drinks will prevent cavities and tooth decay from the acids produced when bacteria in your mouth comes in contact with sugar. Starches have a similar effect. Eating healthy will reduce your out of pocket costs of fillings, having decayed teeth pulled, and will keep you from the increased health costs of diabetes, obesity-related diseases, and other chronic conditions.

There’s truth in the saying “take care of your teeth and they will take care of you”.  By instilling some of the these tips for a healthier mouth, not only will your gums and teeth be thanking you, but you may just be adding years to your life.

On December 22, 2017, the IRS released Notice 2018-06 to extend the due date for employers to furnish 2017 Form 1095-C or 1095-B under the Affordable Care Act’s employer reporting requirement. Employers will have an extra 30 days to prepare and distribute the 2017 form to individuals. The due dates for filing forms with the IRS are not extended.

Background

Applicable large employers (ALEs), who generally are entities that employed 50 or more full-time and full-time-equivalent employees in 2016, are required to report information about the health coverage they offered or did not offer to certain employees in 2017. To meet this reporting requirement, the ALE will furnish Form 1095-C to the employee or former employee and file copies, along with transmittal Form 1094-C, with the IRS.

Employers, regardless of size, that sponsored a self-funded (self-insured) health plan providing minimum essential coverage in 2017 are required to report coverage information about enrollees. To meet this reporting requirement, the employer will furnish Form 1095-B to the primary enrollee and file copies, along with transmittal Form 1094-B, with the IRS. Self-funded employers who also are ALEs may use Forms 1095-C and 1094-C in lieu of Forms 1095-B and 1094-B.

Extended Due Dates

Specifically, Notice 2018-06 extends the following due dates:

  • The deadline for furnishing 2017 Form 1095-C, or Form 1095-B, if applicable, to employees and individuals is March 2, 2018 (extended from January 31, 2018).
  • The deadline for filing copies of the 2017 Forms 1095-C, along with transmittal Form 1094-C (or copies of Forms 1095-B with transmittal Form 1094-B), if applicable, remains unchanged:
    • If filing by paper, February 28, 2018.
    • If filing electronically, April 2, 2018.

The extended due date applies automatically so employers do not need to make individual requests for the extension.

More Information

Notice 2018-06 also extends transitional good-faith relief from certain penalties to the 2017 employer reporting requirements.

Lastly, the IRS encourages employers, insurers, and other reporting entities to furnish forms to individuals and file reports with the IRS as soon as they are ready.

Marginally Published By ThinkHR.com

It was recently unveiled the latest findings from our 2017 Health Plan Survey. With data on 20,099 health plans sponsored by 11,221 employers, the UBA survey is nearly three times larger than the next two of the nation’s largest health plan benchmarking surveys combined. To learn more, watch this short video below.

The quality of a therapeutic relationship depends on the ability of the healthcare provider to communicate effectively. The term “therapeutic communication” is often used in the field of nursing; however, the process isn’t limited to nursing. Other healthcare professionals, friends and family members of a patient can implement the strategies of communicating in a therapeutic manner. The ideal therapeutic exchange provides the patient with the confidence to play an active role in her care.

Facilitates Client Autonomy

Therapeutic communication techniques, such as active listening, infer autonomy or independence on the patient or client. Rather than making assumptions about the client who is almost a stranger, the healthcare professional facilitates therapeutic expression. The client, ideally, will then become more comfortable sharing potentially difficult information. The role of the healthcare professional is then to use this information to help the client to further investigate his own feelings and options. In the end, the client gains more confidence in making decisions regarding his care.

Creates a Nonjudgmental Environment

Perhaps the most important characteristic of a therapeutic relationship is the development of trust. Trust facilitates constructive communication; it also encourages confidence and autonomy. Being nonjudgmental is necessary in verbal and nonverbal communication. People are acutely adept at identifying nonverbal cues that may communicate something very different from what is said.

Provides The Professional With a Holistic View of Their Client

An individual does not usually exist without a network of family, friends and healthcare professionals. Therapeutic communication emphasizes a holistic view of a person and his network of people who provide support. A person’s individual perspective regarding his health and life is viewed through a lens built from the context of his experiences. Those experiences cannot be ignored when communicating in a way that is therapeutic. Within the therapeutic relationship, the individual is learning the skills of communication with other people in his life, ideally also improving those relationships.

Reduces Risk of Unconscious Influence By The Professional

It’s human nature to want to infer some part of yourself into an interaction; however, in order for therapeutic communication to occur, it’s important to temper your influence. Therapeutic communication requires maintaining an acute awareness of what is being said as well as any nonverbal cues. Communicating that you are open to hearing what a person has to say while folding your arms creates confusion and inconsistency that can mar a healthy interaction. Be aware of your tone of voice and any reactions.

Originally Published By LiveStrong.com

When most experts think of group healthcare plans, Preferred Provider Organization (PPO) plans largely come to mind—though higher cost, they dominate the market in terms of plan distribution and employee enrollment. But Consumer-Directed Health Plans (CDHPs) have made surprising gains. Despite slight cost increases, CDHP costs are still below average and prevalence and enrollment in these plans continues to grow in most regions—a main reason why it was one of the top 7 survey trends recently announced.

In 2017, 28.6% of all plans are CDHPs. Regionally, CDHPs account for the following percentage of plans offered:

Prevalence of CDHP Plans

CDHPs have increased in prevalence in all regions except the West. The North Central U.S. saw the greatest increase (13.2%) in the number of CDHPs offered. Looking at size and industry variables, several groups are flocking to CDHPs:

Regional offering of CDHPs

When it comes to enrollment, 31.5% of employees enroll in CDHP plans overall, an increase of 19.3% from 2016, after last year’s stunning increase of 21.7% from 2015. CDHPs see the most enrollment in the North Central U.S. at 46.3%, an increase of 40.7% over 2016. For yet another year in the Northeast, CDHP prevalence and enrollment are nearly equal; CDHP prevalence doesn’t always directly correlate to the number of employees who choose to enroll in them. Though the West held steady in the number of CDHPs offered, there was a 2.6% decrease in the number of employees enrolled. The 12.6% increase in CDHP prevalence in the North Central U.S. garnered a large 40.7% increase in enrollment. CDHP interest among employers isn’t surprising given these plans are less costly than the average plan. But like all cost benchmarks, plan design plays a major part in understanding value. The UBA survey finds the average CDHP benefits are as follows:

CDHP benefits

By Bill Olson
Originally Published By United Benefit Advisors

The end of the year is upon us and a majority of companies celebrate with an end-of-year/holiday party.  Although the trend of holiday parties has diminished in recent years, it’s still a good idea to commemorate the year with an office perk like a fun, festive party.

BENEFITS OF A YEAR-END CELEBRATION

  • Holiday staff parties are a perfect way to thank your employees for a great year. All employees want to feel appreciated and valued. What better way to serve this purpose, than with an end of the year office celebration. Hosting a night out to honor your employees during a festive time of year boosts morale. And if done right, your party can jump start the new year with refreshed, productive employees.
  • End-of-year celebrations allow employees to come together outside of their own team. The average American will spend 90,000 hours (45 years) of their life at work. Unless you have a very small office, most employees only engage in relationships within their department. When employees have a chance to mingle outside of their regular 9 to 5 day, they’ll build and cultivate relationships across different teams within the organization; creating a more loyal, cohesive and motivated
  • Seasonal parties can provide employers insight on those who work for them. Spending the evening with your employees in a more casual and relaxed atmosphere may reveal talents and ideas you may not have otherwise seen during traditional work hours.

CREATING THE RIGHT FIT

Regardless of office size, if planned right, employers can make a holiday party pop, no matter your budget. Whether this is your first go at an end-of-year celebration for your employees, or you host one every year, keep a few things in mind:

  • Plan early. Establish a steering committee to generate ideas for your holiday party. Allow the committee to involve all employees early on in the process. Utilize voting tools like Survey Monkey or Outlook to compile employee votes. This engages not only your entire workforce, but serves you as well when tailoring your party to fit your culture.
  • Create set activities. Engaging employees in some type of organized activity not only eases any social anxiety for them and their guests, it cultivates memories and allows colleagues to get to know each other. Consider a “Casino Night”, a photo booth (or two if your company can justify to size), an escape room outing—anything that will kick the night off with ease.
  • Incorporate entertainment during the dinner. Have team leads or management members come up with fun awards that emphasize character traits, strengths, and talents others may not know of. This is a great way to create cohesiveness, build relationships, and have your employees enjoy a good laugh at dinner.
  • Offer fun door prizes every 15 minutes or so. Prizes don’t have to be expensive to have an impact on employees, just relevant to them. However, with the right planning you may be able to throw in a raffle of larger gift items as well. Just keep in the specific tax rules when it relates to gift-giving. Gift cards associated with a specific dollar amount available to use at any establishment, and larger ticket items, can be subject to your employees having to claim income on them and pay the tax.
  • Make the dress code inclusive of everyone. Employees should not feel a financial pinch to attend a holiday office party. Establish a dress code that fits your culture, not the other way around.

 

TAKE AWAY TIPS FOR A SUCCESSFUL HOLIDAY PARTY

According to the Society of Human Resource Management, statistics show in recent years only 65% of employers have offered holiday parties—down from 72% five years ago. Consider the following tips when hosting your next year-end celebration.

  • Keep it light. Eliminate itineraries and board-room like structure. Choose to separate productivity/award celebrations and upcoming year projections from your holiday party.
  • Invite spouses and significant others to attend the party. Employees spend a majority of their week with their colleagues. Giving employees this option is a great way to show you value who they spend their time with outside of work.
  • Allow employees to leave early on a work day to give them time to get ready and pick up who is attending the party with them.
  • Show how you value your employees by chatting with them and meeting their guests.
  • Provide comfortable seating areas where employees can rest, eat and talk. Position these in main action areas so no one feels anti-social for taking a seat somewhere.
  • Consider tying in employees that work in different locations. Have a slideshow running throughout the night on what events other office locations have done throughout the year.
  • Create low-key conversation starters and get people to chat it up. This is valuable especially for those that are new to the company and guests of your employees. Incorporate trivia questions into the décor and table settings. Get them to engage by tying in a prize.
  • Keep the tastes and comfort level of your employees in mind. Include a variety of menu items that fit dietary restrictions. Not all employees drink alcohol and not all employees eat meat.
  • Limit alcohol to a 2 ticket system per guest. Opt for a cash bar after that to reduce liability.
  • Provide access to accommodations or coordinate transportation like Uber or Lyft to get your employees somewhere safely after the party if they choose to drink.

 

Ultimately, holiday parties can still be a value-add for your employees if done the right way. Feel free to change it up from year to year so these parties don’t get stale and continue to fit to your company’s culture. Contemplate new venues, ideas and activities and change up your steering committee to keep these parties fresh. Employees are more likely to enjoy themselves at an event that fits with their lifestyle, so don’t be afraid to get creative!

Thank you for putting the Plan Document together for us!  It is a big accomplishment knowing that we are in compliance!   Once again we are grateful and thankful for your continuing support and enjoy the relationship that we share.

- Office Manager, Food Distribution Company

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