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Comprehensive Listing of Services
- State Regulatory Compliance
- Employment Law Review and Compliance
- Employee Benefit Planning, Administration and Compliance
- Human Resources Services
- Representation in Regulatory Audits and Investigations
- ESAC Accreditation Services
- Litigation Support and Control Services
- PEO Database Access
- Acquisition Services
- Legal and Compliance Audit Services
Comprehensive services for the PEO to comply with all laws and regulations applicable to the state(s) in which the PEO is doing business. These services include obtaining and maintenance of applicable license or registration; qualification to do business; state employment tax and unemployment tax compliance and planning; workers' compensation compliance; and state-specific employment law compliance and planning. We work with our clients to insure that they are in compliance in those states in which they do business and develop a system to insure they stay in compliance and are aware of, and comply with, applicable laws when entering into a new state.
A. Database of Applicable Laws and Regulations. For each of the fifty states, the database of state regulations contains all applicable laws and regulations to be considered by a PEO doing business in that state. The database contains relevant statutes, regulations, rulings of regulatory agencies, and forms applicable to a PEO doing business in each state. In addition, we have model language for:
(i) Client Contracts, (ii) Employment Applications, (iii) Employment Agreements, (iv) Employee Handbooks, (v) Required notices, and (vi) Various policies and statements (i.e., drug testing, termination letters and policies, access to personnel and medical records, retention of records). B. Checklists for Doing Business in Each State. For each state, a comprehensive checklist is available that identifies and details applicable laws and regulations. For each applicable law or regulation, we have included suggested approaches as well as names, telephone numbers and addresses of contact persons at applicable regulatory agencies.
C. State Licensing/Registration. For each state with licensing or registration requirements, we will assume responsibility on behalf of the PEO for obtaining and maintaining such license or registration. In addition, we will analyze proposed courses of conduct or business plans to ascertain compliance with state licensing laws. An advantage of this last service is that we may be able to obtain a formal or informal ruling on an anonymous basis from the regulatory agency.
D. Monitoring New Developments and Trends. Because our business is representing PEO's, we are in a position to constantly monitor new developments in each state, ranging from proposed legislation, newly issued regulations, changes in the positions of regulatory agencies to court rulings which affect the PEO.
E. Representation in Regulatory Disputes, Audits, and Litigation. We will provide quality representation, drawing upon our knowledge of the industry, in connection with audits, disputes or even litigation involving compliance with applicable state laws. Where necessary, we will either arrange for or recommend local counsel and will provide our assistance to such local counsel.
Employment Law Review and Compliance
These services are designed to ascertain that the PEO's business practices, policies and employment forms are in compliance with applicable employment laws and regulations. We review how a PEO does business and the forms used and then make recommendations to assure compliance with applicable employment laws and regulations, including Family Medical Leave Act; Americans with Disabilities Act; Fair Labor Standards Act; OSHA, and Title VII of the Civil Rights Act. Where applicable, we can also assist the PEO with Affirmative Action Planning Services and EEO Classification Consulting. We can review or even develop the various forms used by the PEO, such as Employee Handbooks, Employment Applications, Disciplinary Policy and Procedure, Termination Agreement or Notices, and Client Service Agreements.
A. Maintenance of Forms Library. Because of our exposure to the industry an experience, we are able to maintain and update a comprehensive library of PEO forms. These forms are designed to comply with federal and applicable state law as it affects PEOs and their clients and employees. Forms can be provided either as model forms or specifically tailored to the PEO's operations. As laws and regulations change and as new ideas gain acceptance, our forms are modified to remain current.
B. Legal and Regulatory Audit. Either as an initial service or periodically as new laws or changed circumstances occur, a Legal and Regulatory Audit tailored to the PEO and focusing on the states in which it operates is an economical way to increase compliance with applicable federal and state laws and regulations and reduce the PEO's exposure to risk. Through a comprehensive review, including analysis of current forms and agreements and on-site interviews and observations, we gather the necessary information to determine how the PEO does business and its compliance with applicable laws and regulations. From this we provide an analysis of the PEO's regulatory compliance and its risks of doing business. In addition, we provide specific recommendations to improve regulatory compliance and lessen the PEO's risks. Of course, we will also be happy to assist the PEO in implementing these recommendation.
C. Monitoring New Developments. One key way to maintain legal and regulatory compliance is to be aware of changes that affect the PEO and react to those changes. A significant part of our service to a PEO is to monitor new laws or amendments and regulatory changes that affect the PEO. In addition to simply reporting the changes, we also advise our clients as to the effect on the PEO business of such changes and recommend strategies to address these changes.
Employee Benefit Planning, Administration and Compliance
We assist PEO's in designing and administering employee benefit programs which provide creative value for their clients and employees while complying with the ever-challenging complexities of federal and state regulation. In order to effectively compete in today's marketplace, PEO's must deliver a cost-effective package that provides first-class employee benefits. At the same time, PEO's face a mountain of often conflicting regulation from the Internal Revenue Service, Department of Labor, state insurance departments and others. We assist the PEO in developing, implementing, and maintaining a full range of employee benefit plans, including cafeteria plans, 401(k) and other qualified retirement plans, health plans, disability and salary continuation, as well as nonqualified deferred compensation and other benefit plans.
A. Review of Existing Benefit Plans and Administration. We can perform a comprehensive review of the PEO's benefit plans, including the plan documents and forms used, the operation of the plan and reporting. Based on our review, we advise the PEO as to any structural, operational or reporting weaknesses and suggest solutions.
B. Plan Design. Benefit plans of a PEO present unique challenges, especially in light of the IRS Market Segment Study Group and pending legislation. The choices are great, single plans, multiple employer plans, prototype plans, MEWAs, etc. We can assist the PEO in designing its benefit plans, including 401(k) plans, cafeteria plans, nonqualified deferred compensation plans, health benefit plans, disability and salary continuation and various others.
C. Solutions to Benefit Plan Problems. Whether an IRS audit of a PEO's benefit plan, a COBRA compliance issue, a reporting issue with the IRS or DOL, or a participant's claim for benefits, we can provide counsel and assistance necessary to solve the problem.
Whether the PEO has a fully staffed Human Resource Department or desires to outsource all of this critical function, we can assist. A Human Resources Department can utilize the vast information database we maintain and draw upon our experience and expertise for support. We can provide tools, advice and on-line support to the PEO's Human Resource Department.
A. Reliance on On-Line Support. The PEO's Human Resources Department is able to rely on fast on-line access to information available through the PEO Database.
B. Development of Forms. We can assist and train the PEO's Human Resources personnel in the development of various forms such as handbooks, policies, employment forms and job descriptions.
C. Design, Implementation and Training for Compliance Systems. Compliance systems that insure that information received is properly routed, logged in, completed and reviewed in a timely manner can save the PEO huge sums of money that may otherwise be lost through oversight or inattention. We can work with the PEO to develop systems that rely on checks and balances rather than human memory to eliminate costly mistakes in the handling of human resources matters.
D. Training of Human Resources Professionals. We can provide training to the PEO's human resources personnel in a large variety of areas, always keeping the unique prospective of the PEO in mind. For example, our training includes handling of sexual harassment claims, violence in the workplace issues, diversity in the workplace issues; compliance with various employment laws such as FMLA, WARN, ADA, COBRA, Title VII and many others; and establishment and maintenance of drug testing programs.
Representation in Regulatory Audits and Investigations
We can provide representation of the PEO in connection with regulatory audits and investigations such as the IRS for benefits and payroll matters, the DOL, EEOC, OFCCP, as well as state regulatory agencies and taxing authorities. We can assist the PEO's legal counsel or other professionals in connection with these audits and investigations or we can provide effective and aggressive representation directly. Either way we bring our knowledge of the industry and experience to the PEO's side of the table.
A. Internal Revenue Service. Payroll tax payment and reporting issues. The abatement of a single penalty or restructuring of system to avoid a late payment or late filing penalty can pay for the cost of this service many times over. Benefit plan reporting and compliance for the PEO present some unique issues.Whether the PEO's plans are under audit or an advance determination or even an informal determination of the IRS' posture on a particular issue, we can provide timely and effective service.
B. Department of Labor. Wage and hour investigations, Child labor law issues; prevailing wage claims, and others.
C. EEOC. We can assist the PEO in initial responses to EEOC charges as well as structuring the PEO's EEO-1 reporting.
D. OFCCP. We can assist with audits by OFCCP or the design and maintenance of an affirmative action program.
E. State Unemployment Department. Through our service the PEO will have the most up to date information on state unemployment rates, state regulations, any special reporting requirements and guidance on complete Unemployment Management.
- Assist the PEO in setting up in states based on that state's regulations.
- Provide samples of notification requirements on new clients and terminated clients.
- Advise and train the PEO staff on how rates are determined, assist them in plans to minimize rates, protesting rates and claims management.
- Advise or assist in appeal hearings.
- Assist the PEO in identifying a reassignment process and implementing the process which will reduce unemployment claims.
F. State Taxing Authorities. We will provide the PEO with up to date information on a state by state basis for income tax withholding, any city, local or county taxes, sales and use tax matters or any other type of special tax that state may have.
- Assist the PEO's staff in identifying states with special taxes or reporting requirements.
- Provide guidance and assistance in communicating with state authorities in regards to special tax issues.
- Keeping the PEO informed of changes in state regulations that effect its operations.
For PEO's seeking accreditation with ESAC, the application process can be a daunting experience. Now you can outsource this function to our staff of experienced personnel who are prepared to guide the PEO's application through the application process.
A. Reviewing your operation for and ensuring the Institutes' standards of operation are in place.
B. Training and assisting your personnel on the standards of operations.
C. Completion of Application.
D. Maintenance of Accreditation by preparing Quarterly and Annual reporting requirements.
E. Assisting your staff in any reviews conducted by the Institute.
Litigation Support and Control Services
As a professional employer, it is inevitable that a PEO will be involved in employment-related litigation. We can assist the PEO by lending our experience and industry expertise to the PEO's counsel handling the litigation or even assist the PEO in selecting litigation counsel. We can also provide a wide range of litigation support services, including trial preparation services, discovery document database management, deposition summary and analysis, and state and federal regulatory research.
We maintain a very comprehensive, yet easy-to-use database of relevant state and federal laws and regulations affecting PEO's and their clients. We make this database available to our PEO clients and work with the PEO to make information available to the PEO's clients and employees. Our services are provided through a state-of-the -art web page on-line. We can also design a home page entrance into our database for a PEO client so that its employees and clients can access desired information through what appears to be the PEO's web site. In other words, we 'private label' our database. We are constantly researching and updating the database for new laws, regulations, rulings, cases and developments affecting PEO's and their clients.
In today's marketplace, mergers, acquisitions and consolidations in the industry are a fact of life. We can bring our experience to the PEO and its advisors in evaluating a potential transaction, performing due diligence and review, as well as advice on structuring the transaction. By lending our experience and knowledge of the industry we assist the PEO and its counsel in the entire process.
Legal and Compliance Audit Services
We recommend this service as a way for us to get to know our client and for our client to see what we can do. Our staff will perform a detailed audit and analysis of the PEO's legal and regulatory compliance functions. Based upon our findings, we will develop specific recommendations to increase compliance and efficiency. A direct result of this service may include eliminating costly errors, such as payroll tax penalties, that can drain the PEO's profits or cause the loss of clients.