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Have a Business or Starting a Business and Need An Edge Against the Odds? May 25, 2010

Posted by Primary HR Outsourcing in Business Management, Human Resources, Insurance, Outsourcing, Payroll, PEO, Uncategorized, workers compensation.
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The Small Business Administration tells us small businesses fail at a rate of 8 out of 10 (80%) within the first 5 years.  Of the remaining 20% year 80% of them are gone by the 10th year.  Staggering statics not for the faint hearted who plan to open their own business.  

Money is the number one cause, or more appropriately the lack of money is the number one cause for business failures.  Is it that the business didn’t have enough money, or that the money it had (earned) didn’t go far enough?  Or perhaps the business made enough money to survive but errors resulting in penalties and fines over whelmed the cash flow causing the failure. 

Over the years working with all types of businesses I’ve observed that businesses usually generate enough profit margins to succeed as long as nothing goes wrong.   As long as all their customers pay on time and don’t bounce checks, as long as they don’t miss payments and incur late fees, as long as there’s a steady stream of work and as long as there are no mistakes handling payroll, payroll taxes, garnishments, and other employee related expenses.   In other words as long as everything is perfect.   Perfect plans exist and most start-up businesses conceive perfectly how to execute the plan, but unfortunately perfect execution doesn’t exist, and therein lies the rub.  Stuff happens and when it does businesses fail. 

Recently I was talking with a valued customer we were remembering how long we’ve been working together (since the last century) he pointed out he hired us before he opened his business.  The next day I was visiting with another of our valued customers and he commented about his start.  He’s been a customer for more than six years; he too hired us before his first employee and just days before he began working on a new plant project.  This got me to thinking, of our “startup” customers how many of them are still operating today? 

I have to admit I wasn’t surprised by the results I’ve started other businesses including this one and know that limiting the number of things that can go wrong is extremely important after all plans are perfect it’s the execution that isn’t.   What we found is of the business owners who had decided to start their own business and hired us before they hired employees sixty-one percent (61%) are still in business at five years and of all that passed that milestone and are 10 years old or older 92% are still in business. 

Now I’d love to say that statistic is due to our ability to choose great customers (and we do) but the truth is our customer have an advantage other businesses owners don’t have.  Our customers are able to focus on the “business of their business” that is they can focus on growing their business, training their employees how to be great ambassadors, getting paid on time and all the important revenue generating activities that contribute to the life blood of the business.  Conversely they are not distracted by “the business of employment” and spending precious resources on matters that does not generate any revenue.

Another benefit of our services is we stabilize cash flow.  Cash flow is the life blood of any business and spikes in cash flow demands (like down payments for insurance products) can give a business financial heartburn.   Periodic cash demands for payroll taxes, unemployment taxes and other quarterly or monthly tax demands can also provide cash flow indigestion.  If a business is late on any of these demands then penalties and interest that accrue often outstrip the profit margins of the business leading to failure. 

So there you have it working with us provides stability to businesses by steadying cash flow, lessening the demands of non revenue generating activities and provides owners the ability to focus on growing their business.  You can learn more about our services by visiting our website (www.primaryhroutsourcing.com) and downloading a free report “Increase Profits – Three Steps to Lowering the Cost and Liability Associated with Employees

I am always at your service,

Rick Matthews

Riddle me this, riddle me that, how’s a person with government care going to get that? May 18, 2010

Posted by Primary HR Outsourcing in Benefits, Outsourcing, Payroll, PEO, Staffing, Uncategorized, workers compensation.
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As promised in last week’s article today we’ll touch on medical benefits. 

The pendulum swings

This time last year as the debate regarding health care reform raged on carriers were motivated to sway public opinion and attempted to do so by offering some of the lowest rates we’d seen in years.  For a short time we saw employee rates for group plans back into the $1 per hour range, since the law has passed the price pendulum has swung away from business and families and it’s likely to swing even further in the coming years.  (check out the benefits tab to see some of the reasoning).

A dual benefit you can use

During the second term of President Bush congress enacted some changes to health insurance that give people the chance to gain control of their health dollar.  The programs weren’t touted in the media and certain state insurance commissioners attempted to block their effectiveness.  Regardless they appear to have come through the current reform mostly unscathed although Congress did limit one benefit that would have helped families reduce medical costs.  [We’ll discuss that a bit later]

Previously Congress established the HDHP – High Deductible Health Plan, and with it the HSA – Health Savings Account.  Now not every health plan with a high deductible is a HDHP.  To qualify as a HDHP a plan has to function within certain parameters which are adjusted by Congress each year. 

 On the short list of items to qualify as a HDHP the deductible has to be within a range between $1,200 to $5,950 for self only coverage and $2,400 to $11,900 for families.  Since a majority of small business plan deductibles are already beyond the $1,200 mark you can begin to see the confusion the name has equally true also for those who purchase high deductible plans with deductibles for individuals beginning at $5000.00.  But let’s not get stuck on the name, for what’s in a name a rose by any other ….. I’m sorry I digress (at least my English Lit teacher would be proud). 

The key is if you have a HDHP you can qualify to have a HSA or Health Savings Account.  The HSA was also established by Congress and signed in to law by President Bush.  It allows individuals to put away money tax-free to meet medical expenses, similar to an IRA the money set aside will grow tax-free and the contribution is tax-deductible.  Unlike an IRA you can actually use the money before you retire without penalty as long as it is used on qualified medical expenses.  The maximum contribution for an individual with a qualified HDHP is $3,050 and $6,100 for family. 

Now you may be thinking you’ve heard of this program before as a Flex-spending account comes to mind.  A HSA is different, first the money can only be used on un-reimbursed medical expenses including vision and dental (to see a complete list of benefits look up Publication 502 and Publication 969 available from the IRS) expenses and second which is perhaps the most important benefit is it rolls over year after year.  That’s right, no use it or lose it feature.   

How one takes control with a HSA

So how do you put this information to work for you, it’s simple.  First you get a qualified HDHP (for you and your family) then establish and fund to the max your HSA.  Don’t worry if you can’t put the max in day one, you can put regular contributions in up to the max allowed that year before the last day of the year.  The best scenario would be to get a qualified HDHP with the lowest out-of-pocket expense available.  More often than not it’ll be a $1500 out-of-pocket for an individual and $2,500/$5,000 for a family.  Now if that causes your heart to skip a beat keep in mind even a modest $1,500 deductible plan with a 80/20 co-insurance benefit will have an out-of-pocket expense of $10,500 for a family.  As you can see the HDHP is less than half the exposure of a modest 80/20 plan.  

Once you have the plan in place begin systematically putting money in your HSA, keep in mind these dollars are “pre-tax” and you may be able to locate the funding dollars by making an adjustment on your tax withholding (form W-4)[i]

At the end of each year you’ll see how much savings you have accumulated, that’s money set aside for your medical expense that you did not spend which rolls over to the next year.  As your HSA account builds you’ll be able to adjust the out-of-pocket expenses of your HDHP and thereby lower your monthly premium expenses.  In theory in a few short years you could have the maximum exposures of the out-of-pocket expenses set aside in your HSA and generate a surplus that will be available for other purposed at retirement.   

Like to learn more about these plans and benefits leave your questions in the comment section and I’ll send you more information on alternative benefit programs.  You can also visit the National Association of Alternative Benefit Consultants at http://www.naabc.com/ to find people in your comuinity that can help.

Until next time

Always at your service,

Rick Matthews

 We help business owners increase profits, solve employment problems, reduce employer liabilities and protect valuable assets thru outsourcing.  www.primaryhroutsourcing.com


[i] To be clear I am NOT tax preparer and I am NOT giving you tax advice.  To get tax advice contact your accountant or CPA or…. I am simply pointing out there may be ways to fund a HSA without bustin’ the budget.

Note: DISCLAIMER: This information is offered NOT as a solicitation to sell insurance, it is offered as a discussion of options you may want to learn about.  You’ll need to contact your health insurance agent if you are shopping for medical insurance, they’ll appreciate your support.

Wal-Mart Paying for Past Mistakes in Gender Discrimination May 11, 2010

Posted by Primary HR Outsourcing in Business Management, Human Resources, Outsourcing, Payroll, PEO, Uncategorized.
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A class action lawsuit filed against Wal-Mart about 10 years prior is finally seeing the light of day and if it proceeds will be the largest civil-rights class action lawsuit in American history.  The case was filed by a group of women contesting what they see as gender discrimination in Wal-Mart practices. 

Charges include that the corporate giant gives fewer promotions to women, gives these promotions less, and pays men more for doing the same work.  Plaintiffs also point out that even though a majority of employees with the company are female, only 1/3 of the managerial staff are women. 

While it has recently received the go-ahead from the 9th Circuit Court of Appeals and is moving forward as a class action suit, there is an extremely good chance that Wal-Mart will be taking this one further by appealing to the Supreme Court.  According to the multinational corporation, Dukes v. Wal-Mart shouldn’t apply across the nation because of the way their organization is structured.  The framework of the corporation consists of a multitude of smaller entities that enact their own policies and operate like stand-alone entities. 

When you look at the size of the case, something else they are contesting, it’s no surprise they want to appeal.  If the case is allowed to move forward as a class-action, it could involve well over a million female plaintiffs.  Add in the typical penalties for gender discrimination and you are talking about a sizable dent in a company that is already suffering in the recession.  Not to mention the possible effects this case going public will have on their consumer base. 

However, this case is much bigger than Wal-Mart, who is certainly not the only company that could be singled out for disparities in pay among genders, and this is why I bring it up.  It could have a significant impact on how employers are held accountable for these situations and what will be expected in the future.

In this day and age, gender bias can be extremely expensive for business.  It’s easy to dismiss what is happening to Wal-Mart as something that could never happen to your company. 

After all, this corporate giant has had well more than its share of bad attention in the realm of labor practices, and many maintain that they would not be where they are today if not for taking advantage of employees on many different fronts.  That said, they have done a lot of PR cleanup in recent years and have made considerable improvements to their reputation.  This huge relapse is a stark reminder of how past mistakes can catch up with an organization.

And unfortunately, gender discrimination can be one of those things that creeps into the culture of a company unnoticed.  Sometimes these things are so ingrained in our culture that there is no official policy—they just kind of happen whether we are conscious of it or not. 

By no means does that make it any less immoral, or less expensive, for that matter, but it is yet another concern that deserves much focus when analyzing your own company policies.  That tendency for it to silently grow is where it gets particularly dangerous for a business owner.  And it’s why it is essential to get the opinion of an expert on the outside looking in. 

We cannot always see these things for ourselves, but if Dukes v. Wal-Mart has its day, there could be some big changes in the way these kinds of cases are looked at, and the resulting wave of similar cases is not something you want to catch while you’re sleeping.

DHS Shifts Worksite Enforcement Strategy to Employers, Not Illegal Workers May 3, 2010

Posted by Primary HR Outsourcing in Business Management, Human Resources, Outsourcing, Payroll, PEO, Staffing, workers compensation.
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A few years ago while on a business trip at a convention I was asked an interesting question by a friend who owns a company. 

“What happens if I have undocumented workers working at my company?”

Back then as was often the case with owners of small businesses they have a position to fill, it requires manual labor, isn’t a glamorous position, or there isn’t profit enough to pay higher wages and the company doesn’t get any applications from potential employees eligible to work in the U.S.  So they hire the people who are willing and able so they can keep their doors open and produce the product.  

It turns out my friend employed workers who lived in the U.S. but didn’t have proper documentation to work in the U.S.  They had been working for some time and appeared to be the only option for my friend as he’d attempted to hire citizens but no one responded.  Or so the story goes. 

As I mentioned this wasn’t an uncommon occurrence the fact is his competitor down the street was doing the same thing. 

So back to the question; this was the time before the DHS (Department of Homeland Security), back then being found with form I9 violations (undocumented workers) would result in administrative fines.  I explained this and my friend quickly calculated the exposure and said “I can handle that I’ll just put the money in an account and keep on working”.   I told my friend that although that was a tactic it wasn’t the best course of action and that the laws certainly would be changing and that he should take steps now to hire documented workers.   We finished our conversation and parted.  The next day we both flew back to our homes, it would be a little over a year before we would see each other again.

During the following year the laws changed as expected and the DHS was now tasked to address immigration and worker eligibility.  Along with the change were stiffer fines and consequences that included jail time for violations of the act. 

I saw my friend again at the convention the following year, when I asked him how it was going he told me he fired all the undocumented workers.  I asked what changed his mind and his response was.  “The DHS raided my competitors business, it was all over the news both paper and TV, when I saw that I knew I didn’t want to be that guy, the next morning I told my undocumented workers they had to go.   I’m glad I did because the next week there was an article in the paper the owner of the [my competitions] business was being charged with criminal charges for hiring “illegal workers” they took his business and his home.  That really scared me”.

My friend was lucky he took care of the issue before it took care of him.  Take a look at your workforce if you have undocumented workers you need to take action and correct the issue.  If you need a bit more motivation then simply look at the actions proposed by the DHS secretary Janet Napolitano, “the agency will focus on renewing a priority on employers who are making money off of these illegal immigrants and giving them jobs that should be going to American workers” she further said What I want to do is deter more employers from intentionally and knowingly hiring illegal workers.” 

As of April 2010, Effective immediately, ICE will focus its resources on the criminal prosecution of employers that knowingly hire illegal workers.

Do your friends a favor and let them know the issues so they too can protect their business.  

Until next time

Always at your service,

Rick Matthews

 We help business owners increase profits, solve employment problems, reduce employer liabilities and protect valuable assets thru outsourcing.  www.primaryhroutsourcing.com

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