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| ...from the HR Perspective |
| Human Resource Update | May 2012 |
Hidden Teeth

When one looks at the labor issues that Congress addresses, things don't always appear to be what they are. At times, what appears to be an innocent issue has teeth that are not easily seen. Such is the case with an amendment to H.R. 2055 which is a bill that makes appropriations for military construction, the Department of Veterans Affairs, and related agencies. The amendment is H.AMDT.411. The following may get a little boring, but please continue to read on to get to the "rest of the story".
H.AMDT.411 removes Section 415 of H.R. 2055 which had read as follows:
"Sec. 415. None of the funds made available by this Act may be used to enforce Executive Order 13502 (41 U.S.C. 251 note), FAR Rule 2009-005, or any agency memorandum, bulletin, or contracting policy that derives its authority from Executive Order 13502 or FAR Rule 2009-005."
What is Executive Order 13502? 13502, issued by President Obama, states that federal agencies should use Project Labor Agreements ("PLAs"). Basically, PLAs require the use of union labor (or if it can be negotiated, union labor rates) on taxpayer funded projects.
As initially drafted, Section 415 of H.R. 2055 forbade the use of PLAs. H.AMDT.411 removed that provision, and now all appropriations under H.R. 2055 are subject to PLAs.
This amendment furthers President Obama's promotion of labor unions and on the surface is a constraint of business issue.
Now for the teeth that are not readily seen. The unions use PLAs to attempt to organize non-union companies. For example:
· Let's say a local contractor pays his employees $20.00 an hour.
· The contractor's bid for a Federal project is accepted, and the contractor now has to hire union employees (or pay union scale to his employees) at the rate of $30.00 an hour.
· This appears as a wash as the contractor has built in the higher wage in the contract bid.
· Once the project is completed, the workers return to their $20.00 wages.
· The union then comes in and tells the workers that the union can secure the $30.00 wage for all their future work - another leg up for the unions in trying to organize.
Simply put, Executive Order 13502:
· Was designed to promote unions and organize non-union companies.
· Increases the cost of Federal projects without benefit to the taxpayers.
· Does not promote the economy, but hurts it.
HR.AMDT.411 has been passed and Executive Order 13502 continues in effect. This type of catering to the unions also exists on the State level, usually implemented by law. For example, New Jersey has had a similar law for all State funded projects.
On the surface, this legislation and the Executive Order appear to be something done to appease the unions and gain their members' votes. But that first punch is followed by a second, the organizing attempts, that may have a more significant long-term effect on business and the economy.
If you are affected by this legislation or the Executive Order, please let us know if we may help. A plan to lessen the union wage impact and to counter an organizing attempt might be a wise investment.
Sincerely,

Michael F. Yates,
President
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If you find value in this newsletter please let us know. Feel free to call me with a comment and/or ask a question at any time (908-689-4200) or send me an email (myates@mfyco.com). We offer this timely information as another benefit of your relationship with our company. If you feel a friend or colleague would benefit from receiving our newsletter, please feel free to forward a copy.
You can view all of our newsletters by clicking the 'newsletter archives' link at our company website www.mfyco.com.
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What Minimum Wage Buys, Then and Now
(Worth repeating - courtesy of Leah Konen, The Fiscal Times)

The federal minimum wage was first set in 1938, at 25 cents an hour. Here's a decade-by-decade look, starting in 1950, at the buying power of minimum wage.
1950
Often looked to as a model era, the 1950s may have been nearly as picture-perfect as "Leave it to Beaver" seemed to suggest - minimum wage workers could pay rent for a month for less than a week and a half of full-time work - or catch Disney's "Cinderella" for just over a half-hour of labor.
- Minimum wage: $0.75 per hour
- Gas: $0.27 (22 minutes)
- Movie ticket: $0.48 (38 minutes)
- Rent: $42 (56 hours)
1960
By 1960, the minimum wage of $1 an hour had not quite kept up with inflation, making rent a bit less affordable - though still not quite two weeks of minimum wage work. On the other hand, filling up the Corvette was actually relatively cheaper - it took just under 20 minutes of work to get a gallon of gas.
- Minimum wage: $1 per hour
- Gas: $0.31 (19 minutes)
- Movie ticket: $0.69 (41 minutes)
- Rent: $71 (71 hours)
1970
In 1970, the outlook for minimum wage workers was about as bright as a spinning disco ball. Compared with 10 years before, the cost of rent and gas had actually decreased. Getting in to the movies was the one exception. With films gaining in both popularity and breadth (31 movies were released in 1970, compared with just 19 in 1960 and 11 in 1950), the cost of a ticket saw a big jump to the equivalent of nearly an hour of work.
- Minimum wage: $1.60 per hour
- Gas: $0.36 (14 minutes)
- Movie ticket: $1.55 (58 minutes)
- Rent: $108 (67.5 hours)
1980
The beginning of the Reagan era marked the end of even the semi-feasibility of paying the median rent on a single minimum wage income. A minimum wage worker could still pay rent with just under two weeks of work (double the recommended ratio). Of course, if you lived in a more-affordable area, you'd be in better shape. In Mississippi, for example, you'd have to put in only 58 hours of work to pay the median rent.
- Minimum wage: $3.10 per hour
- Gas: $1.25 (24 minutes)
- Movie ticket: $2.60 (50 minutes)
- Rent: $243 (78 hours)
1990
By 1990, renting an average place on minimum wage pay became nearly impossible. Employees would need to work 118 hours (that's nearly 70% of gross monthly pay) to get shelter. And entertainment was no easier. You'd have to work more than an hour to see "Home Alone" or "Pretty Woman." The one bright spot was gas - prices were actually down from 10 years prior, meaning earners had to put in less than 20 minutes of work to afford a gallon.
- Minimum wage: $3.80 per hour
- Gas: $1.13 (18 minutes)
- Movie ticket: $4.23 (1 hour, 7 minutes)
- Rent: $447 (118 hours)
2000
By the time George W. Bush got to office, things were no better - though arguably, no worse than a decade earlier. With a minimum wage of only $5.15 (it hadn't risen since 1995, and wouldn't again until 2008) workers still had to work nearly 120 hours to afford median rent and more than an hour for a trip to the cinema.
- Minimum wage: $5.15 per hour
- Gas: $1.49 (17 minutes)
- Movie ticket: $5.39 (1 hour, 3 minutes)
- Rent: $602 (117 hours)
2010
Though the housing crash actually made rent more affordable, minimum wage workers still had to put in 109 hours of work (or more than 60% of monthly income) in 2010. Of course, in cities like New York, the numbers are much higher. In 2010, the New York City-Northern New Jersey-Long Island area had a median gross rent of $1,125, which equals 155 hours of work. Basically, if you worked full-time, didn't eat, commute or pay utilities, and you gave nearly every penny to your landlord, you could just make it in the Big Apple.
- Minimum wage: $7.25 per hour
- Gas: $2.78 (23 minutes)
- Movie ticket: $7.95 (1 hour, 6 minutes)
- Rent: $789 (109 hours)
Going forward, what do you think minimum wage will be in 2020, 2030, etc? Will we even be able to afford to go to the movies? For a family of four, it already cost on average $80 for two hours of entertainment. Add in the cost of gas to get there and going to the movies might become a thing of the past for many families. Go to our Facebook page to share your opinion on minimum wage! |
Invitation to MFYCO Facebook
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401(k) Compliance Check Questionnaire
Compiled from the IRS' Retirement Plans Community Website
Desk Side Chat...With Monika Templeman
401(k) Compliance Check Questionnaire Interim Report
Monika Templeman, Director of EP Examinations, responds to questions and offers insights on retirement plan topics uncovered during audits. You may provide feedback or suggest future topics by emailing her at: RetirementPlanComments@irs.gov.
On February 3, we posted the 401(k) Compliance Check Questionnaire Interim Report to share information from the responses with the retirement plans community. It is my pleasure to share my thoughts about the Interim Report and how the data may be used.
Section 401(k) plans are the most popular plan in the United States, with more than 500,000 plans covering more than 60 million Americans. We wanted to understand 401(k) compliance issues and check the health of the form and operation of these plans because they affect so many Americans. We also wanted to learn how our IRS programs are working for plan sponsors and administrators.
We randomly selected 1,200 401(k) plan sponsors to complete the online Questionnaire. The response rate was excellent; my sincere thanks to the 98% of plans sponsors who responded. We followed up with audits of the 2% of plans that did not complete the Questionnaire.
The completed Questionnaires show that 57% of the respondents visit www.irs.gov/retirement for 401(k) plan information and 65% of plan sponsors are aware of our plan correction programs (Employee Plans Compliance Resolution System). These findings indicate that we need to improve awareness of our resources for administering plans and correcting errors.
We encourage you to use the Questionnaire as an internal control tool to review your plan for compliance issues. If you find mistakes, use our 401(k) Fix-It Guide to help correct them. Also, visit our correcting plan errors Web page for additional information.
The findings in the Report could help you make decisions about your plan, including features to consider and pitfalls to avoid. For your convenience, the Report's Executive Summary section highlights our findings.
In Employee Plans, our next steps are to use the Questionnaire's findings, together with other data, to improve compliance by:
· enhancing our 401(k) plan administration compliance tools,
· producing outreach materials for plan participants and plan sponsors,
· improving the IRS voluntary correction programs,
· assessing the need for further formal guidance, and
· defining future projects and enforcement activities.
We plan to release the Questionnaire's final report by the end of 2012. The final report will provide more in-depth information, including identifying the differences between large and small plans. It will also include more information on questions not analyzed in the Interim Report.
If you have any comments or questions about this report, I would like to hear from you. Please send them to RetirementPlanComments@irs.gov.
Page Last Reviewed or Updated (by the IRS): February 03, 2012
Interim Report
The 401(k) Compliance Check Questionnaire Interim Report summarizes the responses we received from 401(k) plan sponsors that filed Form 5500 for the 2006 through 2008 plan years.
The 401(k) Questionnaire requested information in the following areas: demographics, plan participation, contributions, designated Roth features, distributions, top-heavy and nondiscrimination testing, IRS correction programs and plan administration.
Next Steps
We'll use the Questionnaire's findings to:
· enhance our 401(k) plan administration compliance tools,
· produce outreach materials,
· improve voluntary compliance programs,
· assess the need for additional guidance, and
· define upcoming projects and enforcement activities.
The final report will include information about questions not discussed in this Interim Report, as well as a breakdown of the responses based on plan size.
401(k) plan sponsors can use the Questionnaire, along with these findings, to strengthen internal controls over plan operations.
The following chart contains highlights of the findings from the Questionnaire.
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Highlights of Findings | |
Response |
% of Plans | |
Plan Type | |
Plan is a safe harbor 401(k) |
43% | |
Plan is a SIMPLE 401(k) |
5% | |
Plan uses a pre-approved plan document |
86% | |
Employee Contributions | |
Participants may change deferral elections at any time |
41% | |
Participants may change deferral elections only once a year |
2% | |
Catch-up contributions allowed |
96% | |
Designated Roth contributions allowed |
22% | |
After-tax contributions other than designated Roth allowed |
4% | |
Elective deferrals - increase in per-participant dollars from 2006-2008 |
58% | |
Elective deferrals - decrease in per-participant percentages of compensation deferred from 2006-2008 |
52% | |
Plan did not require distributions of contributions in excess of 402(g) limit for 2006-2008 |
94% | |
Employer Contributions | |
Provide matching contributions |
68% | |
Require one year of service to be eligible for matching contributions |
58% | |
Provide nonelective (profit sharing) contributions |
65% | |
Suspended or discontinued matching in 2006 |
1% | |
Suspended or discontinued matching in 2008 |
4% | |
Suspended or discontinued nonelective contributions in 2006 |
2% | |
Suspended or discontinued nonelective contributions in 2008 |
5% | |
Reduced nonelective contributions in 2006 |
1% | |
Reduced nonelective contributions in 2008 |
5% | |
Participation in Elective Deferral Contributions | |
No service requirement |
13% | |
One-year service requirement |
54% | |
Age 21 restriction |
64% | |
Top-Heavy | |
Plan was top-heavy in 2008 |
20% | |
Resolve top-heavy issues by making minimum contributions to non-key employees |
79% | |
Nondiscrimination Testing | |
Correct excess contributions within 2 ½ months following the end of the year of the excess |
50%+ | |
Correct ACP testing failures by distributing excess aggregate contributions |
59%+ | |
ADP test - use current year method |
60% | |
ADP test - use prior year method |
31% | |
Distributions | |
Allow in-service withdrawals |
62% | |
Permit hardship distributions |
76% | |
Permit direct rollover distributions |
79% | |
Most common form of benefit |
Lump sum | |
Permit participant loans |
65% | |
Investments | |
Have investments in employer securities |
1% | |
Have assets held in foreign investments |
1% | |
Plan Administration | |
Use a third-party administrator for plan administration |
53% | |
Third-party administrators are responsible for making timely plan amendments |
73% | |
Third party administrators are responsible for preparation of Form 5500 |
83% | |
Determination Letters | |
Sponsor has requested a determination letter from the IRS |
23% | |
EPCRS | |
Plan sponsor is aware of EPCRS |
65% | |
Used EPCRS and found it helpful |
50%+ |
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Page Last Reviewed or Updated (by the IRS): March 26, 2012
FAQs regarding the Interim Report.
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We invite you to share our newsletter. (It's a lot to think about!)
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The Fix Is In: Common Plan Mistakes
Periodically the Internal Revenue Service (IRS) publishes an article that it calls "The Fix Is In: Common Plan Mistakes" that present common mistakes that happen in retirement plans. These articles describe a common problem, how it happened, how to fix it and how to lessen the probability of the problem happening again. From time to time, we will be reproducing some of those articles that we believe would be helpful to you in the day-to-day administration of your plan.
Compensation Errors in Defined Contribution Plans
The Issue
The amount an employer contributes to a 401(k) or other type of defined contribution plan is based on the compensation paid to employees. Compensation is defined in the plan. If an incorrect amount of compensation is used to determine contributions, the contributions will be incorrect. This will cause an operational failure (failing to follow the terms of the plan in its operation).
Your plan document (or adoption agreement if you use a pre-approved plan) may have multiple definitions of compensation, including definitions for purposes of calculating:
· salary deferrals,
· matching contributions, and
· discretionary contributions.
The plan is not required to use the same definition of compensation for all contribution types. For example, a plan may allocate discretionary contributions based on an employee's base salary only, while salary deferral contributions may be based on all forms of compensation including bonuses, commissions and other pay.
The Problem
Errors related to compensation can occur when:
· the third party administrator or payroll processor does not know the plan's definition of compensation;
· the plan's definition of compensation is amended, but the third party administrator or payroll processor is not notified;
· payroll systems are not updated to reflect the revised definition; or
· payroll systems are not updated when the types of compensation paid change.
Fixing the Problem
Contribution errors caused by incorrect compensation figures can be corrected using IRS retirement plan correction programs -- known as the Employee Plans Compliance Resolution System (EPCRS) and outlined in Revenue Procedure 2008-50.
1. Self-Correction -- The error can be self-corrected, without IRS approval, if the mistake is insignificant or, if significant, if the plan sponsor corrects the mistake within two years. A plan sponsor can use self-correction only if the plan has practices and procedures in place designed to promote overall tax law compliance.
2. Voluntary Correction Program -- Plan sponsors can correct errors with IRS approval by using the Voluntary Correction Program. Your submission to the VCP should:
- describe the plan failure and proposed correction method,
- show calculations for your proposed corrective contributions, and
- state your proposal for fixing the administrative practices that allowed the failure to happen.
Appendix D of Rev. Proc. 2008-50 may be used for your VCP submission.
Your correction method should put the participants in the position they would have been had the failure not occurred. You may need to make corrective contributions for participants or you may need to distribute excess amounts from the plan.
Compensation that should have been excluded
Including too much compensation to determine plan contributions will result in excess employer contributions. To correct the excess, the plan sponsor should:
· distribute excess elective deferrals, plus earnings, to each affected participant, and
· forfeit excess discretionary contributions according to the method required by the plan document. The plan terms will require the sponsor to either:
o reallocate the forfeitures to plan participants based on the correct compensation, if appropriate, or
o hold the forfeitures in an unallocated account to reduce future plan contributions.
Example:
Employer Z sponsors a 401(k) plan for its employees. The plan amended its definition of compensation to exclude bonuses for making deferrals and allocating other contributions, effective in 2009. For the 2010 plan year, Employer Z did not exclude bonuses from compensation in determining deferrals and allocations. Three of Z's employees had base compensation of $120,000 and a $30,000 bonus. Each of these employees had deferral percentages of 6% of compensation and Z made a discretionary profit-sharing contribution of 5% of compensation to each participant's account. The plan document provides that forfeitures will be used to offset future employer contributions.
· Each of the three employees properly deferred 6% of their $120,000 base compensation ($7,200), but improperly deferred 6% of the $30,000 bonus ($1,800).
· Each of the three employees properly received a profit-sharing allocation equal to 5% of their $120,000 compensation ($6,000) but improperly received an allocation equal to 5% of the $30,000 bonus ($1,500).
Correction:
- Excess salary deferrals - The plan should distribute the improper salary deferrals of $1,800, plus earnings, to each of the three employees.
- Excess discretionary contributions - Each of the three employees should forfeit the excess discretionary contributions of $1,500, plus earnings. These forfeitures can be placed in an unallocated account to use for nonelective contributions in future plan years, according to the terms of the plan.
Compensation that should have been included
If you erroneously omitted some forms of compensation from elective deferrals, matching or discretionary contributions, you should make corrective contributions for the affected participants.
1. Missed salary deferrals -- multiply the amount of the omitted compensation by the deferral percentage that the employee specified in his salary reduction agreement. This is the employee's "missed deferral."
50% of the missed deferral is the employee's "missed deferral opportunity."
Contribute this amount to the employee's account, plus earnings through the date you make your corrective contribution.
2. Missed matching contributions -- if you agreed to match all or part of the employees' elective deferrals, make a matching contribution based on the missed deferral, plus earnings through the date of correction.
Do not base matching contributions on 50% of the missed deferral (the "missed deferral opportunity"). Matching contributions must be based on the full missed deferral.
3. Missed discretionary contributions -- if you made discretionary contributions to participants for the plan year, contribute the same percentage of the omitted compensation as was contributed with respect to the compensation that was properly included, plus earnings through the date of correction.
You do not have to reduce the account balances of employees who may have received greater allocations of employer contributions than they would have received had the compensation error not occurred.
You may choose to reallocate contributions to reflect the allocations that would have been made had the error not occurred.
Example:
Employer Z sponsors a 401(k) plan for its employees. The plan includes bonuses and commissions in its definition of compensation for deferrals and allocations. Three of Z's employees received bonuses of $30,000 in 2010. Each of these employees had deferral percentages of 6% of compensation. The plan provides for a 100% matching contribution on the first 4% of deferrals, and Z decided to make a discretionary contribution of 5% of compensation for each participant. Z did not withhold deferrals from the bonus checks or include the bonuses in its matching or discretionary contribution allocations.
- Each of the three employees had a missed deferral of 6% of their $30,000 bonus ($1,800).
- The missed deferral opportunity for each employee was 50% of their missed deferral ($900). Z should contribute this amount to each employee's account.
- Each employee should have received an additional matching contribution of 4% of the $30,000 omitted compensation ($1,200). The matching contribution is based on the full missed deferral, and not on the lower missed deferral opportunity ($900).
- Each employee should receive a 5% discretionary contribution for the $30,000 omitted compensation ($1,500).
Corrective contributions should reflect earnings
Corrective contributions should be increased to reflect earnings through the correction date based on the participant's own investment results.
Making Sure it Doesn't Happen Again
· Perform an annual review of your plan's operations to ensure that contributions are made based on the correct definition of compensation.
· When you amend or restate your plan, check its compensation definitions against the old plan document, noting any differences.
· If you start to pay a new type of compensation, such as bonuses or overtime, check your plan language to confirm its proper treatment, and then tell your payroll processor or third party administrator about it.
· If possible, simplify your plan's definition of compensation and use the same definition for multiple purposes
Page Last Reviewed or Update (by the IRS): May 10, 2012
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Call: 908-689-4200 to contact a
MFYCO professional consulting associate.
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Department of Labor's H-2A Temporary Agricultural Program
With the approach of summer and fall crop season we thought we would discuss the H-2A Temporary Agricultural Program.
What is the H-2A Program?
The H-2A Program is authorized under the Immigration and Nationality Act (INA) and allows U.S. employers to hire foreign workers on a temporary basis to perform agricultural wor k when there are not sufficient U.S. workers available.
Employers must first receive a temporary labor certification from the Department before the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) can approve a visa petition for H-2A workers.
The Department's Office of Foreign Labor Certification (OFLC) within the Employment and Training Administration is responsible for receiving and processing employer-filed H-2A applications, and ensures as a condition of certification, that qualified U.S. workers are not available for the job and the employment of temporary foreign workers will not adversely affect the wages and working conditions of U.S. workers similarly employed. The Department's Wage and Hour Division is responsible for enforcing the terms and conditions of the agricultural work contract and worker protections under the H-2A Program.
Who Can Participate?
U.S. employers or an association of agricultural producers who have full-time work that needs to be performed on a temporary or seasonal basis may apply to the OFLC for an H-2A temporary labor certificate. Following are the general guidelines to be eligible to participate:
· You must be an employer with a place of business physically located in the U.S. with a valid Federal Employer Identification Number (FEIN), have the ability to hire, pay, fire, supervise, or otherwise control the work of the workers you employ;
· The work performed must consist of agricultural labor or services, such as planting, raising, cultivating, harvesting, or producing any agricultural or horticultural commodity;
· The work must be full-time, or at least 35 hours or more a week; and,
· The need for work must be seasonal or temporary in nature and tied to a certain time of the year by a recurring event or pattern, such as an annual growing cycle, normally lasting 10 months or less.
What is the Process?
There are four basic steps that must be followed to obtain a temporary labor certification from the OFLC under the H-2A Program.
1. Prepare and submit an agricultural job order, ETA Form 790 Agricultural and Food Processing Clearance Oder, including all attachments explaining the benefits, wages, and working conditions of the job; and, a written note or cover letter identifying that the job order will be used in connection with a future H-2A application and request that an inspection of your housing by the SWA be scheduled, to the State Workforce Agency (SWA) that serves the state where the actual work will be performed no more than 75 to no less than 60 calendar days before the start date of work. The SWA will review the job order; if corrections are in order, you will have five calendar days to submit corrections. The SWA will respond back in three calendar days. If corrections are resolved the SWA will approve the Job Order and initiate recruitment of U.S. workers.
2. File an H-2A Application with Chicago NPC by completing and submitting ETA Form 9142, Application for Temporary Employment Certification and Appendix A.2 bearing your original signature and a copy of the approved ETA Form 790, Agricultural and Food Processing Clearance Order including all attachments, to the OFLC's Chicago National Processing Center (NPC) no later than 45 calendar days before the start date of work. The Chicago NPC will review your application within seven days and will notify you of any deficiencies. You must submit corrections within five business days, or you may appeal the Notice of Deficiency to the Administrative Law Judge (ALJ) within five business days. Once deficiencies are corrected the Chicago NPC will send you a Notice of Acceptance.
3. Employers must attempt to recruit U.S. workers by:
1. placing newspaper ads on two separate days, one of which must be Sunday, in a newspaper of general circulation serving your local area where the work will be performed;
2. by contacting, by mail or other effective means, any former U.S. workers from the previous year and solicit their return. Your workers who were terminated for cause or abandoned the worksite do not need to be contacted; and
3. conducting additional recruitment in accordance with the instructions contained in your Notice of Acceptance beginning on the date you receive the Notice of Acceptance.
Within the Notice of Acceptance you are directing the SWA to circulate a copy of your job order to other states as potential sources of U.S. workers. In addition, the Chicago NPC will place a copy of our job order on its national H-2A Public Job Registry located at http://icert.doleta.gov. Your job order will remain active until 50 percent of your work contract has elapsed and you will be expected to cooperate with the SWA by accepting and fully consider referrals of eligible U.S. workers who apply for the job. Your advertising and recruitment efforts ends when H-2A workers depart for the worksite or the third calendar day before the start of work date, whichever is earlier.
The content of the advertising must contain, at a minimum, the following to adequately apprise prospective applicants of your job:
§Employer's name and location of work;
§Description of the job duties and crops;
§Start and end dates of work;
§Wage offer (hourly and/or piece rate pay);
§Indicate the job is "temporary";
§Total number of job openings;
§ Statement guaranteeing work for 3/4th of the total work days;
§ Statement that tools, supplies, and equipment will be provided at no cost, if applicable;
§ Statement that transportation and subsistence to the worksite will be reimbursed upon completion of 50 percent of the work contract (Note: The Fair Labor Standards Act applies independently of the H-2A Program and imposes separate obligations on employers regarding the payment of wages);
§ Statement that housing will be provided at no cost for workers who cannot reasonably return to their permanent residence at the end of the work day; and,
§ SWA contact information and, if available, job order number and statement directing applicants to apply for the job by contacting the SWA.
Important Reminders:
· Employers requiring interviews must conduct them by phone or provide a procedure for the interviews to be conducted in the location where the worker is being recruited at little or no cost to worker.
· Where workers complete 50 percent of the work contract, employers are responsible for the reasonable travel costs of workers reaching the worksite, including transportation, lodging (where necessary), and food.
You must document the recruitment activities. This documentation is the recruitment report. The report should, at a minimum, contain the following information:
· The name of each recruitment source;
· The name and contact information of each U.S. worker (including former workers) who applied or was referred to your job up to the date you prepared the recruitment report;
· If applicable, for each U.S. worker who applied for the position but was not hired, explain the lawful job related reason(s) for not hiring the U.S. worker; and,
· A statement confirming whether former U.S. workers were contacted yet and, if so, by what means.
You must maintain the report until your job closes with the SWA and on the national H-2A Public Job Registry.
4. Complete the Temporary Labor Certification Process by submitting your signed and dated recruitment report, proof of housing inspection approval by SWA, and proof of workers' compensation insurance no less than 30 calendar days before the start date of work in order to receive a final determination. If denied you may file an appeal to theALJ within seven calendar days. If you are certified you will receive a certified ETA Form 9142 and invoice to pay fees within 30 calendar days.
You are now ready to file with the United States Citizenship and Immigration Services(USCIS). You will need to complete a Form I-129 Petition for Nonimmigrant Worker to the USCIS California Service Center requesting approval for the admission of H-2A workers to perform work in the U.S. The forms and instructions for filing as well as current processing times for H-2A visas can be obtained from USCIS website at: http://www.uscis.gov. DOL requirements and regulations can be found at 20 DFR 655 Subpart B and 29 CFR 501. Additional information on the H-2A Program, including filing tips and frequently asked questions, can be found at the Department's Office of Foreign Labor Certification (OFLC) website at www.foreignlaborcert.doleta.gov/h-2a.cfm.
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What would you like to see in a future issue?
Contact our office with your suggestions.
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Retirement Plan Limits
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2012 |
2011 |
2010 | |
Maximum Annual Defined Benefit |
$200,000 |
$195,000 |
$195,000 | |
Maximum DC Annual Addition ($$) |
$50,000 |
$49,000 |
$49,000 | |
Maximum 401(k) Deferrals |
$17,000 |
$16,500 |
$16,500 | |
Older EE Catch-Up Contribution |
$5,500 |
$5,500 |
$5,500 | |
Maximum Plan Compensation |
$250,000 |
$245,000 |
$245,000 | |
Highly Compensated Threshold |
$115,000 |
$110,000 |
$110,000 | |
Key Employee in a Top-Heavy Plan |
$165,000 |
$160,000 |
$160,000 | |
SSA Social Security Wage Base |
$110,100 |
$106,800 |
$106,800 | |
PBGC Maximum Monthly Guarantee |
$4,653.41 |
$4,500 |
$4,500 | |
PBGC Maximum Annual Guarantee |
$55,840.92 |
$54,000 |
$54,000 | |
Maximum DC Annual Addition (%) |
100% |
100% |
100% | |
Social Security Tax - Employee
Social Security Tax - Employer |
4.2%
6.2% |
4.2%
6.2% |
6.2%
6.2% | |
Medicare Tax |
1.45% |
1.45% |
1.45% | |
DC Plan Deduction Limit |
25% |
25% |
25% | |
Definition of Compensation for DC
Plan Deduction Limit |
Includes Deferrals |
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about MFYCO ...
- Michael F. Yates & Company, Inc. can help you with a variety of services ranging from retirement plans to providing results-oriented survey instruments, training and development programs for your employees. Our products and services are intended to help you maximize the effectiveness of your Human Resources function.
- These products and services incorporate our years of experience so that you receive rapid results and exceptional value. From onsite consulting, to strategic business integration, to Web enablement, we understand how Human Resources can be applied to solve your problems and achieve your goals. As a result, we can help you get the most out of your investment and turn your most precious resource into a competitive advantage.
- We offer Consulting, Retirement Planning, Pension and 401(K) both qualified and non qualified Plans, Welfare Plans, Communications, Computer Systems, Executive Plans, Compensation, Mergers, Acquisitions, Divestitures and Other Services.
We offer a true and honest, Client Partnership.
Take the Michael F. Yates & Company, Inc. challenge! Call us today ... 908-689-4200
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How to Track Government Recovery Spending
"The Board shall establish and maintain...a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds. The website...shall be a portal or gateway to key information relating to the Act and provide connections to other government websites with related information."
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Michael F. Yates & Company, Inc. _________________
101 Belvidere Avenue P.O.Box 7
Washington, NJ 07882-0007
908-689-4200
fax: 908-689-6300
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Our staff and firm are proud members
of the following professional organizations:
Society of Actuaries
American Society of Pension Professionals & Actuaries
Society for Human Resource Management
GAPS (Global Association Pension Services)
WorldatWork
American Management Association
National Federation of Independent Business
Better Business Bureau
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The site ("from the HR perspective" hence herein referred to as MFYCO.com) is made available by Michael F. Yates & Company Incorporated. All content, information and software provided on and through 'from the HR perspective' and MFYCO.com ("Content") may be used solely under the following terms and conditions ("Terms of Use").
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THIS SITE.
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"Human Resources provides the leadership, supportive services, guiding principles, policies, structures and standards needed for a quality organization to survive in today's business environment."
MFYCO PRIVACY POLICY
Michael F. Yates & Company, Inc. believes strongly in protecting the privacy of its users.
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