employee benefits & business risk

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Drone Use Might Not Be Covered Professional Employer Organizations - An Attractive Business Strategy? Most small to mid- size businesses today are constantly looking for ways to control the costs of business, reduce the overwhelming administrative burden placed on them by laws and regulations while trying to increase efficiencies within their organizations. Any business today knows you can not pass on the full cost of health insurance premiums, compliance and increased labor costs to your customers. In order for most businesses to maintain status quo costs must be either absorbed, service curtailed and or profitability reduced. The idea we’re going to talk about today should at least be considered in your short and long term business planning. It may not be for everyone, but it can certainly be a viable strategy for many companies. We’re going to give you an overview of organizations called Professional Employer Organizations (PEOs) and describe how they may enable you to focus on your core business functions while shifting some of the business functions of payroll, human resources, employee benefits and risk management to an outsourcing partner. So what is a PEO and is it something you should consider looking into for your company? A PEO is an organization which provides human resource and services including (health insurance, workers’ compensation and professional liability), payroll administration and HR management and administration to client organizations on an outsourced basis. The PEO becomes the employer of record for all the employees of the client organization covered by the PEO. In other words, the employees’ paychecks are by and from the PEO and they are covered under the benefit plans provided by the PEO. The legal relationship between the organization and the PEO is considered to be a co-employment arrangement. Employers usually consider PEOs for two primary reasons. The first is to reduce their insurance premiums for medical, workers’ compensation and professional liability. Because PEOs bundle many groups of small employers together they can, in some circumstances, negotiate better rates than an individual small group can do on their own. The second reason is to reduce HR administrative duties. The onboarding, enrolling and de-enrolling in benefit plans, processing of paychecks and tax filings are handled by the PEO. In addition, the HR function of the PEO now becomes Pag 1 of 4

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Page 1: Employee Benefits & Business Risk

Drone Use Might Not Be Covered

Professional Employer Organizations - An Attractive Business Strategy?

Most small to mid- size businesses today are constantly looking for ways to control the costs of business, reduce the overwhelming administrative burden placed on them by laws and regulations while trying to increase efficiencies within their organizations. Any business today knows you can not pass on the full cost of health insurance premiums, compliance and increased labor costs to your customers. In order for most businesses to maintain status quo costs must be either absorbed, service curtailed and or profitability reduced. The idea we’re going to talk about today should at least be considered in your short and long term business planning. It may not be for everyone, but it can certainly be a viable strategy for many companies. We’re going to give you an overview of organizations called Professional Employer Organizations (PEOs) and describe how they may enable you to focus on your core business functions while shifting some of the business functions of payroll, human resources, employee benefits and risk management to an outsourcing partner.

So what is a PEO and is it something you should consider looking into for your company? A PEO is an organization which provides human resource and services including (health insurance, workers’ compensation and professional liability), payroll administration and HR management and administration to client organizations on an outsourced basis. The PEO becomes the employer of record for all the employees of the client organization covered by the PEO. In other words, the employees’ paychecks are by and from the PEO and they are covered under the benefit plans provided by the PEO. The legal relationship between the organization and the PEO is considered to be a co-employment arrangement. Employers usually consider PEOs for two primary reasons. The first is to reduce their insurance premiums for medical, workers’ compensation and professional liability. Because PEOs bundle many groups of small employers together they can, in some circumstances, negotiate better rates than an individual small group can do on their own. The second reason is to reduce HR administrative duties. The onboarding, enrolling and de-enrolling in benefit plans, processing of paychecks and tax filings are handled by the PEO. In addition, the HR function of the PEO now becomes

Pag 1 of 4

Page 2: Employee Benefits & Business Risk

The rapid increase of unauthorized drone sightings reported by the FAA is an indicator that the use of such equipment is on the rise. To control the dangers presented by a crowded airspace, the federal government is creating standards for lawful drone use to apply to both personal and commercial use. While some drones are used by hobby aircraft enthusiasts, many businesses are finding creative ways to incorporate their use. Examples include construction, land development, education and investigation services.

Wary of the exposures created by drones, many commercial liability insurance companies are significantly limiting or removing coverage for bodily injury and property damage caused by their use. Further, such policies might not address important exposures, such as personal injury, resulting from a violation of privacy.

It’s unwise for a business incorporating drone use to assume that resulting losses are covered by general liability insurance. A policy from an insurance company that specializes in aircraft liability should be considered before the drone’s first flight. For more information on insurance for this unique and growing exposure, call your insurance agent today.

an outsourced function of the organization allowing you to focus and grow your core business.

There are several areas of concern that you should be aware while investigating a PEO. First, the employer must understand the co-employment arrangement between the PEO and your organization. For certain business functions you have been handling, the PEO will now control and be financially accountable. Secondly, although you may see the financial benefit of bundling your benefits you may also be limited in the inability to customize your plan designs. A third concern is that services that are typically bundled are very difficult to be unbundled. This may be a concern when you go to evaluate the cost of a PEO in comparison to more traditional ways of providing benefits and or business functions. As mentioned in the article PEOs can be an attractive partnership for certain organizations. They should be analyzed very thoroughly for their transparency, payroll, benefit and HR services. You should also ask if the PEO has the ESAC Accreditation. This is the industry standard and the most reliable source that PEOs meet broad certification and bonding requirements. Does the PEO concept sound attractive or worth an evaluation? Please contact Jeff or Pete Darlington at The Rigg Darlington Group for more information.

Cyber Insurance Surges

Tired of the seemingly endless barrage of reports concerning vulnerability to cyber attack? You are not alone, according to a recent report from Marsh. While a variety of insurance policies designed to cover the expenses resulting from cyber crime have been available for several years, many firms have chosen to disregard them. It now appears that risk is no longer being ignored.

The number of U.S.-based businesses purchasing stand-alone cyber insurance increased 32% in the first half of 2015 compared to the first half of 2014. Furthermore, the limits purchased on such policies have risen more than 16% across all industries, and limits are now at an average of $12.7 million. The sectors seeing the most substantial increases in number of firms insured are healthcare organizations, educational institutions and power/utility companies.

Cyber insurance can be confusing. We can provide important guidance to get you the right coverage at the right price.

Hidden Benefits of Commercial Property

A commercial property insurance policy may do more than simply pay for damaged or lost business property. For example:

Are you planning to put up (and eventually take down) boarding to protect building glass? Many property insurance policies will contribute to this potentially expensive cost.

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Page 3: Employee Benefits & Business Risk

OSHA Website Is a Treasury of Assistance

Business owners, have you visited the website of the Occupational Safety & Health Administration (OSHA) lately? If not, here’s what you’re missing:

Safety and illness protection tips. Regardless of the type of business you’re in, OSHA has prepared materials to help your business stay productive in the safest and healthiest ways possible.

Labor law updates.Changes to these important rules occur at the state and federal level. Look for updates to requirements to ensure compliance.

Personal protective equipment.Review the latest technology and standards to ensure compliance and employee wellness.

Services.Review inspection information concerning your workplace and jobsites to ensure compliance.

Advice, statistics, videos, newsletters, interesting articles and examples of what not to do are all available and constantly updated for relevance. And did we mention that it’s free? Take the first step to prevent serious workplace injury or illness from occurring: add a reminder to your calendar to regularly visit www.osha.gov.

Thank you for your referrals.

Have you received a bill from your local fire department? Many communities charge property owners when the fire department is deployed whether or not their services are ultimately required. Many property insurance policies will cover some or all of this cost without requiring payment of a deductible.

Did an employee have damage to personal items while kept at your office? If the damage resulted from a covered occurrence, such as fire or water damage, many property insurance policies will provide limited coverage for personal effects owned by employees. Note that most policies will not cover theft of personal effects.

Have you made improvements (such as upgraded floors, doors or fixtures) to the space you rent? If so, you may be required by your landlord to insure those improvements against damage. Most property insurance policies will offer some coverage for damage to your improvements and betterments.

Understanding the “Value” of Your Property

Replacement cost?Actual cash value? Agreed value? What does it all mean?

A look at your policy’s declarations page (the policy summary page) should indicate its “value”—that is, how your insurer will calculate your payout after a covered loss. A majority of commercial property policies offer “replacement cost,” meaning the loss payment is calculated as the cost to replace the damaged items in today’s dollars. Note that certain items, such as antiques, leased property and floor coverings, are not automatically valued at replacement cost.

Other policies offer “actual cash value,” often called “ACV.” Such policies typically calculate the loss payment in the same manner as “replacement cost” but include a deduction for depreciation. Age, wear and tear, and obsolescence can all contribute to an item’s depreciated value at the time of damage.

A less common option is “agreed value.” This option allows for the property owner and insurance company to review the value of the items requiring coverage before the policy is finalized, reach an agreement on an amount of insurance considered adequate, and sign a policy in that amount.

While the three choices above are the most common, there are other valuation options that might better suit your specific insurance needs. For more information, give your agent a call.

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Issues with Alcohol

A recent jury award in South Carolina providesfurther proof that, if you serve alcohol to an intoxicated person and that person causes an accident that injures someone else, you could be deemed a liable party.

A South Carolina bar has been ordered to pay $3.85 million for contributing to a patron’s intoxication, which led to an accident that killed a six-year-old child.

Even if you are not in the business of selling alcohol but provide it to guests at functions, you could be held responsible for resulting injury. Before your next function, consider the following:

Hire a professional service to serve alcohol. Should you choose this option, require proof of insurance and consult your legal counsel concerning the application of a hold-harmless agreement with the service.Review your general liability insurance policy. Many general liability insurance policies will cover losses resulting from alcohol service, provided you are not in the business of manufacturing or selling alcohol. Others might not, so review your policy before serving.Review your commercial umbrella insurance policy. Make sure this policy does not contain any exclusion for alcohol-related injuries.

E-Commerce Interruption: A Quiet Killer What plans do you have in place should you lose your primary e-commerce function?

For many business owners, the inability to access a physical workplace due to damage from a fire, windstorm or other event may not inhibit the business’s ability to earn income. However, a shutdown of that same business’s e-commerce function would. This begs the question: Why do so many businesses focus only on insuring lost income due to damage to a physical workplace?

Interruption to a computer network—whether internal or external— caused by a virus, malicious code, utility shutdown or other reason can hinder earning income. Business owners relying on online services to collect income for products or services could be left scrambling to find the source of the issue, find resources to resolve the issue and do everything possible to prevent customers from taking business elsewhere.

What contingency plans do you have in place should your primary e-commerce function cease service for any reason? Those plans could include efforts to diagnose and fix the problem, capital backup to pay for such efforts, reserves to cover basic costs like payroll despite the lost income, and ways to serve customers during an outage—or at least notify them of the problem and route them to a backup service portal.

Business interruption insurance that deals with equipment breakdown, a cyber incident or utility failure is available. The question is, can you get the coverage you need at a price you can afford? Let us show you your options. There may be an easy solution you like!

COPYRIGHT ©2016. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is understood that the publishers are not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert advice is required, the

services of a competent professional should be sought. 2/16

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