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Melinda Hart
Fringe Benefit Group
(210) 824-3433
melinda@melindahartpr.com

Newsletters
Nuts and Bolts Newsletter - Issue #6

The Contractors Plan and Disclosure Requirements

A topic that's gotten a lot of attention recently is fee disclosure regulations to plan sponsors, regarding ERISA-covered retirement plans. The goal of these U.S. Department of Labor requirements is to give plan fiduciaries the information needed to determine whether compensation paid to service providers is reasonable for the services provided.

The effective date for plans to comply with this requirement was extended to July 1. 2012. The Contractors Plan has already provided disclosure information to employers, well ahead of the required date. We want to assure you that Fringe Benefit Group and The Contractors Plan have always disclosed our fees to our clients in the retainer agreements when the plan was set up. An outline of services and an explanation of the fees were included in the original paperwork that was completed when setting up the plan.

We believe in complete transparency when it comes to being your prevailing wage benefits plan provider. Please know that if you ever have questions regarding fees you can discuss them with your Contractors Plan representative or call us directly.

Read more...
 
Nuts and Bolts Newsletter - Issue #5

Major Medical Plan Now Available for Small Groups

The Contractors Plan is excited to announce a new small group major medical product for contractors from 10-50 lives. The Imprint plans utilize the GWN/Cigna network, and can be paired with our existing retirement and ancillary packages. Hour banking and Total fringe are both available with this new benefit, allowing us to continue to provide seamless, integrated administration. The offerings include traditional style plans, value plans, and high deductible plans, which can be paired with HSA's or HRA's.

This composite rated small group product is now available in the following states: Alabama, Arizona, Arkansas, Georgia, Illinois, Indiana, Kansas, Michigan, Missouri, Mississippi, North Carolina, New Mexico, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Utah, and Virginia.

Online Statements

When your employees choose to receive their benefits statements online, it helps on several levels.

  • Your employees receive their statements on time. E-statements are delivered more quickly than those sent by regular mail.
  • The e-statement option saves postage.
  • Getting statements online is a "green" solution, and saves trees and paper.

To sign up for e-statements, employees can go to www.contractorsplan.com, select the "tools" tab and click the button for receiving electronic statements. Should your employees ever need to print their statements, they can do so at any time by visiting the website as well.

The Census Isn't Just Every 10 Years

Did you know you can use your retirement plan web portal, www.contractorsplan.com to update or upload your employee census files? You may also update employee information via the contribution summary as well, including dates of termination and rehire dates. Using this option allows us to give the best service both to new hires and those employees no longer on your payroll. Accurate birthdates helps us serve those participants over 59 and over 70 most effectively. Please call our account managers at 866.457.8812 to find out more.

Government Compliance Efforts Increase on “Independent Contractor” Classification

Interdepartmental efforts on the federal level to address misclassification of employees continue to expand. Secretary of Labor Hilda L. Solis recently signed a memorandum of understanding with the Internal Revenue Service aimed to end the business practice of misclassifying employees in order to avoid providing employment protections.

Labor commissioners and other agency leaders representing seven states signed memorandums of understanding with the US DOL's Wage and Hour Division and, in some cases, its Employee Benefits Security Administration, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs and Office of the Solicitor. These states include Connecticut, Maryland, Massachusetts, Minnesota, Missouri, Utah and Washington. Secretary Solis also announced agreements for the Wage and Hour Division to enter into memorandums of understanding with the state labor agencies of Hawaii, Illinois and Montana, as well as with New York's attorney general.

The MOU enables the DOL to share information and coordinate law enforcement with the IRS and participating states in order to level the playing field for law-abiding employers and ensure that employees receive the protections to which they are entitled under federal and state law. The entire announcement can be seen here.

California's Stance on Independent Contractor Misclassification

Individual states are stepping up their enforcement efforts as well. If you do business in California, you should be aware that the penalties for willful misclassification of a worker as an independent contractor rather than an employee are about to increase substantially. Each violation can carry a fine between $5,000 and $25,000.

Another point to note in California's SB 459 is that liability is not limited to employers. The language states that "any person" who willfully misclassifies someone as an independent contractor can be fined. This means there is potential for a manager who misclassified a worker to be held liable and fined.

Looking at the bill more in-depth, it provides that it is unlawful for any person or employer to willfully misclassify an individual as an independent contractor or to charge that individual a fee or make any deductions from that individual's compensation that would have been prohibited were that individual not an independent contractor.

"Willful misclassification" is defined as "avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor." This language is somewhat ambiguous, and California's criteria for establishing whether a worker is an independent contractor rather than an employee is not cut and dried. If you have questions regarding classification of any of your workers, you should seek legal advice.

The bill calls for penalties of $5,000 to $15,000 for each violation. Every deduction or fee charged to a willfully misclassified independent contractor may result in a separate penalty. Furthermore, if a court or the California Labor Workforce Development Agency determines that the person or company has engaged in a pattern or practice of violations, the penalties increase to $10,000 - $25,000 per violation.

Employers who are found to have violated the law must post a notice prominently on their websites, if they have one, that informs all employees and the general public that they have been found to have willfully misclassified employees, and advising any worker who believes he or she is being misclassified to contact the Labor Workforce Development Agency. Employers who do not have websites must post the notice in the workplace.

Understanding the Davis-Bacon Act

Compliance with the various laws that affect government contractors is in the news now more than ever. Adam Bonsky, Executive Vice President of Government Markets for Fringe Benefit Group, recently authored an article outlining the laws and recent trends in enforcement for Construction Business Owner magazine. You can read the article here.

Making Fringe Benefit Dollars Go Further

Offering Specialty Benefits as part of your bona fide benefits strategy ensures employees and their families have important income protection while your company maximizes savings from reduced payroll taxes.

A lack of disability and life insurance can put your employees and their families at risk for serious financial hardship. Do you have employees who are part of the 11 million households who have children under 18, but not a dollar of life insurance?

The Contractors Plan makes it easy to extend a complete menu of benefits to your team. With Total Fringe you submit the total hours worked and mandated fringe dollars and we do the rest. Benefit contributions are tracked and accounted for ensuring transparency for employees and compliance for regulators.

In most cases, a full suite of dental, vision, life and disability insurance can be offered for under $1 per hour and all contributions reduce your mandated fringe benefit liability on a pre-tax basis. For example, a typical $1,500 annual maximum MetLife dental plan (preventative covered at 100%, basic restorative at 80% and major restorative at 50%), MetLife Group Term Life insurance (flat $10,000), Avesis vision coverage ($10 copay, no cost lenses and materials annually) and a $200 per week Transamerica disability benefit usually costs as little as $75 per month or $0.59 cents per hour at a 130 hour benefit eligibility.

If you're interested in offering Specialty Benefits to your employees, contact your Contractors Plan representative for more information or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

 

 

 

 

 

 
Nuts and Bolts Newsletter - Issue #4

Prevailing Wage Contractors: Eliminate Your Payroll & Benefit Challenges

The Fringe Benefit Group partners with Payroll4Construction.com to offer products that can integrate a contractors' payroll processing, fringes and payroll certification.

The Fringe Benefit Group is pleased to introduce Payroll4Construction.com, a payroll service just for construction. Different from traditional payroll service providers, Payroll4Construction.com offers Prevailing Wage contractors several advantages as highlighed below:

Read more...
 
Nuts and Bolts Newsletter - Issue #3

FiduciaryResponsibilty: Are You at Risk?

An issue currently receivingconsiderable attention where benefits plans are concerned is the definition of- and liability attendant to - being a fiduciary. One of the biggest advantagesyou receive with The Contractors Plan is minimization of fiduciary liabilitywhen it comes to retirement plan investments and management of assets held intrust for participant retirement accounts.

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Nuts and Bolts Newsletter - Issue #2

The Top Seven Blunders on Govt. Jobs and How to Avoid Them

Some of the most commonly–made mistakes made by government contractors when it comes to compensation and benefits are fairly easy to correct, especially when you're working with an experienced partner like The Contractors Plan. An article written by Adam Bonsky, Executive Vice President of Fringe Benefit Group, outlining some common mistakes and their remedies was recently published in Construction Business Owner.
Download the PDF to read more

Read more...
 
Nuts and Bolts Newsletter - Issue #1

This is the Season for NonDiscrimination Testing

If your plan correlates to the calendar year, it's time for the annual nondiscrimination testing process. Here are some helpful guidelines.

How Do I Know if My Plan Needs to Be Tested?

If you have Highly Compensated Employees (HCE's) making contributions to or receiving contributions from your Plan, it must be tested. HCE's include:

  • Employees who own more than 5% of the company
  • Employees who earned at least $110,000 in the prior year (1/1/09 - 12/31/09)
  • Family members (spouse, children, parents) of anyone who owns more than 5% of the company
Read more...
 
Contractors Newsletter Q2, 2010

Independent Contractor Enforcement on the Rise

Kevin Frankovich, Consultant CGR Associates

The White House has embarked on a “Misclassification Initiative” designed to improve enforcement of workplace laws, with particular emphasis on employers who wrongly classify employees as independent contractors in an effort to avoid payment of employment taxes, benefits and overtime.

Read more...
 
Contractors Newsletter Q1, 2010

High Road Contracting Policy Controversial

Kevin Frankovich, Consultant CGR Associates

Recently the Obama Administration’s White House Middle Class Task Force, chaired by Vice President Joe Biden, has been focused on a potential new federal proposal which has been dubbed the “High Road Contracting Policy.” The policy will reportedly “oblige government procurement agencies to give contracts to ‘responsible contractors’ who pay workers well and offer higher health, pension, sick leave and other benefits.” In other words, the policy would give preference to government contractors who pay a “living wage” and/or penalize companies with poor labor records.

Read more...
 
Contractors Newsletter Q4, 2009

Project Labor Agreements Off to a Troubled Start

Kevin Frankovich Consultant, CGR Associates

Earlier this year President Obama gave the labor movement a boost by announcing an executive order which encouraged federal agencies to have construction contractors and subcontractors enter project labor agreements (PLA’s) on projects greater than $25 million. Project Labor Agreements require contractors and subcontractors to negotiate with union officials, recognize union wages and generally abide by collective-bargaining agreements.

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Contractors Newsletter Q3, 2009

Public Construction Spending Up 5% in Past Year

Kevin Frankovich Consultant, CGR Associates

After an unquestionably difficult year for the construction industry, data indicates that stimulus spending is lifting public construction. According to the US Census Bureau, public construction spending increased from $310 billion to $327 billion between July 2008 and July 2009. In comparison, the value of private construction declined 17 percent - from $759 billion to $630 billion - for the same period.

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Contractors Newsletter Q2, 2009

Increased DOL Enforcement on the Way

Kevin Frankovich Consultant, CGR Associates

The proposed 2010 budget for the US Department of Labor was released on May 7, 2009. The planned budget intends to toughen enforcement of wage and hour laws including those that relate to government contractors. This is a significant change compared to past years, making it even more important to work with a professional organization that understands the issues.

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Contractors Newsletter Q1, 2009

A Due Diligence Update

Manning & Napier Consulting Group

This is a troubling time for investors. As if the global economic slowdown, credit crisis, and resulting broad market decline were not enough, we are now faced with what is alleged to be one of the most fraudulent acts to occur in our industry, perhaps in all of history.

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Contractors Newsletter Q4, 2008

Reason in the Midst of Economic Dissolution

Manning & Napier Consulting Group

AU.S. recession, rising unemployment, plummeting home prices, turmoil in the auto industry, crisis in the financial market – these are all concerns that have dominated recent headlines. Equity markets have responded with broad-based declines, making for just another negative news story.

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Contractors Newsletter Q3, 2008

An Update During this Volatile Market

Manning & Napier Consulting Group

“WHEN YOU COME TO THE END OF YOUR ROPE, TIE A KNOT AND HANG ON” —FRANKLIN D. ROOSEVELT.

THE WRONG TIME TO GIVE UP

This is gut-check time. Nearly four quarters into the current market downturn, investors are considering whether they are going to remain committed to their long-term investment strategy, or abandon their current approach in hope of avoiding further volatility. For novice and experienced investors alike, the past several months have been a bit much to stomach:

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