Health Insurance Penalty and What it Means for Employers

Health Insurance Penalty and What it Means for EmployersHealth Insurance Penalty and What it Means for EmployersHealth Insurance Penalty and What it Means for Employers Berkowitz, Esq.After months of debate, weeks of political wrangling and a dramatic last-minute flurry of activity, the country now has a new law pledging wide-spread health care reform.Widely praised or condemned depending on party lines, there is no doubt that the Patient Protection and Affordable Care Act means big changes for health care providers, insurers, drug manufacturers, the uninsured, employees, small geschftlicher umganges and large employers. In other words everyone.Trying to make sense of all 2,400 pages of the bill can be daunting.This is particularly true for employers, who will likely need to begin to respond by auditing their workplace and revising their policy changes.So, what does an employer need to know about complying with the law?The health care bill requires nearly all Americans to obtain heal th insurance. The law expects that most workers will get that coverage through their employers and has created a system of subsidies and penalties to make this possible.If youre an employer, the size of your workforce is significant, as the law has different requirements depending on the number of employeesthat your business employs.The major aspectsof the health care bill as it relates to business are described belowWhat is a small business?Under the Act, a small business is not specifically defined, but a number of sections of the law apply only to entities with fewer than 25 employees (for more detail landsee below.) However, under some sections of the law, the effective company size is 50 or 100 employees.What are insurance exchanges?Beginning in 2014, health insurance will be available to individuals and small businesses through state-run exchanges. behauptung will require insurance companies to compete for business in the marketplace. The objective is to make it it easier for individuals and small businesses to obtain health insurance at a lower price.The exchange program for small businesses, known as the Small Business Health Options Program (SHOP),will allow small businesses to pool together to increase their purchasing power. This will allow these businesses to offer health insurance to their employees at rates similar to those available to large corporations.SHOP is available to small businesses with up to 100 employees, although states have the option to limit participation to businesses with 50 employees or less until 2016.If a business participating in SHOP grows to over 100 employees, it may continue to take advantage of the program.Beginning in 2017, states may opt to allow businesses with more than 100 employees to participate in SHOP as well.The exchange program is also important because larger employers may be penalized if some of their employees opt to obtain insurance through an exchange and not through the companys insurance plan (for mor e detail see below.)Are employers required to provide health insurance to their employees?Businesses with fewer than 50 employees are exempt from having to provide health insurance.However, as explained above, such smaller employers may opt to offer health insurance at a reasonable cost by participating in a SHOP exchange.Larger businesses are subject to a number of requirements and potential penalties, depending on the number of employees they have and the type of coverage they provideAutomatic enrollment Employers with more than 200 employees are required to enroll new employees in their health care plan, subject to any waiting period.Employers must provide notice of employees right to opt out of automatic enrollment.Notice of coverage options Employers must give employees notice about the availability of an insurance exchange.Penalty for not providing insurance Employers with over 50 employees that do not provide insurance must pay a penalty of $2,000 for every employee in the co mpany if even one employee opts to obtain insurance through an exchange. However, the first 30 employees are not counted in calculation of the penalty.Example an employer with 75 employees would pay the penalty for 45 workers, or $90,000 (45 x $2.000).Penalty for providing insurance that is too expensive Employers with more than 50 employees that do provide insurance must pay a penalty if any of their employees obtain a subsidy to help pay for insurance.The penalty equals $3,000 per worker who uses the subsidy OR $750 for every employee at the company, whichever is less.Is there help for small businesses to provide insurance for their workers?From 2010 through 2013, businesses with fewer than 25 employees and average annual wages of $40,000 or less may be eligible for a tax credit of up to 35% if they pay for at least 50% of their employees health insurance costs.Beginning in 2014, small businesses that purchase health insurance for their employees through SHOP can receive a two-yea r small business tax credit of up to 50% of the cost of the premiums.While small businesses are not required to obtain insurance for their employees through the exchanges, the available tax credits will likely spur many smaller employers to purchase coverage for their workforce.What special rules cover employers with fewer than ten employees?Tax credits are available for small businesses on a sliding scale depending on the number of employees and average annual wages.Businesses with 10 or fewer employees and average annual wages of $20,000 or less are eligible for the full 35% credit between 2010 and 2013 and then a 50% tax credit beginning in 2014.What is the reconciliation bill?As if the law itself werent complicated enough, the Act could not become fully effective until the Senate also passed a second bill which reconciled its version of the law with the version passed by the House. The Health Care and Education Reconciliation Act, H.R. 4872, makes various technical changes to th e law as originally passed by the Senate.For example, it amends the size of certain employer penalties for failing to provide affordable health insurance.The complexity of the Act will likely lead to the need for additional answers about how various sections of the law will be implemented over the coming weeks and months.will continue to report on changes or clarifications to the law as they become available.None of the information provided herein constitutes legal advice on behalf of Monster.

The Importance of Documentation in Human Resources

The Importance of Documentation in Human ResourcesThe Importance of Documentation in Human ResourcesDocumentation is the written and retained record of employment events. These records are made up of government and legally mandated elements, documents required by company policy and practice, documents suggested by best human resources practices, and formal and informal record keeping about employment events. Documentation About an Employment Record An employees record of documentation is a written account of his or her actions, discussions, performance coaching incidents, witnessed policy violations, disciplinary action, positive contributions, reward and recognition, investigations, failure to accomplish requirements and goals, performance evaluation, and more. Maintaining unterstellung records allows the employer and employee to preserve a written history of the happenings and discussions that occurred around a specific event. Documentation of the employment relationship provid es a written record that may be necessary to support such actions as employee promotion, employee pay raises and disciplinary action- including employment termination. Documentation about employees, when necessary, is generally both positive and negative. It is factual, bedrngnis judgmental. It describes events as they occur, not based on the beholders opinions and thoughts about the event. The documentation also describes the actions that were taken in notable instances such as providing formal employee recognition or taking disciplinary action. Remember, you need to create documentation as close to when the incident occurs as possible so that records are timely, detailed and accurate. In a legal proceeding, documentation about an employees past performance is often critical to the outcome the employer experiences from the event. Putting forth a fair picture of the employees performance without focusing purely on the negative happenings is the goal. Types of Documentation Polic ies, procedures, the employee handbook, and performance development plans are also forms of documentation that record expected employee behavior and workplace requirements to maintain an orderly, fair workplace in which employees know what is expected from them. Records are also the written statements of the accused, the accuser and witnesses to hostile workplace events that involve employee misconduct such as sexual harassment. This documentation also includes permanent records such as the signed employment application, written employment references, application materials such as resumes and cover letters, and background checks. Kept aside from the employee personnel file, other paperwork such as the I-9 form (that verifies the employees eligibility to work in the U.S.)is also maintained, as are medical records, FMLA records and so forth. Documentation may also be informal as in a managers record of his or her discussions with an employee over the course of a year. It is important that managers maintain this documentation on all of their reporting staff members. No employee should be singled out because of performance. This could be construed as discrimination at a later date. Documentation may be formal and retained in the employees personnel file. Employees are expected to sign this documentation to acknowledge they have received a copy, and have reviewed the contents in their entirety. Note The signature does not signify agreement with the statements in the documentation. Use of Documentation Documentation of critical incidents, whether positive or negative, is also recommended so that managers have a record of employee performance spanning a period of time. Organizations can use the documentation they keep in other ways. These may include procedures, work instructions, and computer software instructions to name a few, but for purposes of the human resources function, these are the common uses of documentation. The next section outlines instructions ab out how to document appropriately. Performance Documentation Samples Documentation about an employees performance will allow you to discipline, terminate, or fairly promote, reward, and recognize employees. Without documentation, making a case for any of these actions is difficult, and potentially risky for the employer. The employer must avoid any potential accusation about discriminatory treatment of employees. All legalities aside, good employers want to create a work environment that is fair, consistent and supportive of employee goals and career plans. This environment is supported by the managers professional documentation of employee performance- both laudatory behavior and actions in need of correction or improvement. How to document these was discussed earlier in detail. The following situations give you more examples of appropriate documentation. Documenting Lateness and Absenteeism Wrong Mark is usually late for work. Mark misses too much work. Right April 1 Mark called in sick and missed eight hours of work. April 4 Mark arrived at work at 10 a.m., two hours late from his scheduled start time. April 6 Mark scheduled a doctors appointment and then, stayed home to have a new furnace installed. April 12 Mark called in sick and missed eight hours of work. Documenting Performance Wrong Mary is unreliable. She hardly ever does what she committed to do. Right May 2 Mary promised the first draft of the product proposal would be available for review at todays weekly meeting. Mary did not produce a draft document as expected. Said she had been too busy and the people whose help she needed hadnt gotten back with her. Manager responded What help had you needed? Information?Who has not gotten backtoyou and what did you need from them? Carl and Michael needed to update Mary about their progress. What is making you so busy that you didnt have time to follow through on your commitment? Makes too many commitments with limited hours to fulfill them. What can I do to help you? When will you make the draft document available for review? These samples provide an overview of what effective documentation looks like versus documentation that is written incorrectly. Follow this advice to effectively and legally document policies, performance, and events in your workplace. haftungsausschluss The information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a world-wide audience andemployment lawsand regulations vary from state to state and country to country. Please seek legal assistance, or assistance from state, federal or international governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance.

Learn How to Answer Job Interview Questions About Travel

Learn How to Answer Job bewerbungsinterview Questions About TravelLearn How to Answer Job Interview Questions About TravelIf youre applying for a job that will require some regular travel, you should prepare for that question in your interview. If an interviewer asks this question, its to see if youre willing and able to travel as much as the job requires. If youve applied for a job like this, its a good idea to think about how to answer questions about travel. When answering this or any other interview question, you need to be honest with your answer. Think about how much you can travel and whether or not you can be flexible or if you have family ties or other obligations that require you to plan ahead when it comes to making travel plans. How to Answer Interview Questions About Travel Know the travel requirements beforehand. Ideally, you should know if the job requires travel before you apply. If you know you absolutely cannot travel for work, simply dont apply for those sorts of jobs. Be honest about your ability to travel. Its important to answer this question honestly. There is no reason to say youre willing to travel if youre not. State any travel limitations you may have.If you have any limitations that might restrict travel, be sure to state them clearly. For example, if you have to be home with your family on weekends, youll have to explain that you can only travel Monday through Friday. Again, you should be as honest as possible in your answer, so you dont get hired for a job you ultimately have to turn down. Ask the interviewer clarifying questions.Questions about your willingness to travel give you the chance to ask questions about the type of travel required. Even if youre willing to travel, you can ask follow-up questions to learn more about the travel that may be required. For example, you might ask how much travel is involved (if the job listing didnt state this). You can also ask how the travel is broken up, for example, will you travel one day every week, or for one month every year? You might also ask where youll have to travel, or whether or not weekends are included. With this information, you can provide a more honest answer to the question. This will also keep you from being surprised about the amount of travel later on. Explain how youve traveled in the past.When answering questions about traveling, explain how and where you traveled for previous jobs. Answers like this show that you have experience with this kind of travel. Focus on how you can help the company. When answering questions about travel, avoid answers that explain how you benefit from travel. For example, dont say that you love free hotel rooms or the chance to travel the world on the companys dime. Instead, emphasize why you think travel is important for the job. Sample Answers Im very willing to travel. I have worked as a sale representative in the past, and that work required 50 percent travel time. I know this job requires 25 percent trave l time, and Im willing and able to travel when needed for this company. Im definitely willing to travel. I believe its extremely important to meet regularly with my clients face-to-face to develop our working relationship. However, could I have a bit more information on the type of travel required for this job, to get a better sense of the job schedule? Would this travel be weekly, or once every few weeks or months? While childcare commitments require me to stay in town on the weekends, Im very flexible with my schedule on weekdays. I traveled extensively for my previous job and am comfortable with a high percentage of travel days. Would the travel for this job be on weekdays only or on weekends as well? More Job Interview Questions and Answers While questions about travel are important to answer appropriately, there will be many more questions to answer. Familiarize yourself with these potential interview questions and answers so youll feel more comfortable and confident during your interview. Your interviewer will also expect you to have several questions about the job or the company in general. If youre not good at coming up with questions, take a look at this guide about interview questions to ask your interviewer.