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                     ...from the HR Perspective
New MFYCO
Human Resource Update

March 2014

  

Inflation and The Amazing Pen

 

As Yogi Berra said: "It's déjà vu all over again", but this time it's with a "pen and a phone."

 

The President wants to raise the Federal Minimum Wage to $10.10 per hour indexed to inflation. Not to be confused with the President's increasing the Minimum Wage for all Federal Contractors to $10.10, this new foray will have a much deeper effect. As an aside, it is interesting that just a few months ago the President thought the Federal Minimum Wage should go to $9.00 by 2015!

 

Following the President's vision, just a few days ago on March 27th, Connecticut increased its Minimum Wage to $10.10 beginning in 2017. (For 2014, Connecticut's rate is $8.70 with annual increases to the $10.10 rate in 2017.) At this time, there are twenty-one States and the District of Columbia with Minimum Wages that exceed the current Federal rate of $7.25 with the top four being: Washington State at $9.32, Oregon at $9.10, Vermont at $8.73 and Connecticut at $8.70.

 

Companies with employees at pay rates less than the proposed Minimum Wage will face a severe problem. Companies not employing anyone at the old or even the proposed Minimum will also be affected, but it will take a little longer.

 

Any increase in the Minimum Wage will be disruptive and cause economic problems by itself. When added to the additional tax burdens (corporate and personal) that are also being proposed, the hike in the income taxes, the additional taxes for Obamacare, the penalties under Obamacare, and policies that are increasing the prices of fuel and electricity, both large and small companies will be facing escalating challenges.

 

Mandating the proposed Minimum Wage will result in severe "Wage Compression" as the difference in pay between lower level positions is often 3-5%. Wage Compression occurs when the pay for lower paid positions is increased to nearly equal, equal or surpass the pay for the next higher position. This causes morale, performance and turnover problems. I have experienced a case in which such compression brought about union organization by the folks who were in the previous higher positions.

 

E.g. an employee makes $7.25/hr. The Minimum Wage goes to $10.10 as proposed by the President. The next higher position is paid at $8.25 and would also have to be increased to at least $10.10, or to keep order and not have those employees complain or do less work, that position would have to be increased to $11.10. As you can see, this has a domino effect. Added to that is the additional cost for FICA, Medicare, UI, Dbl, and other mandated or voluntary expenses that are linked to pay. For labor intensive businesses (which most of the companies in the US now are) this increase could severely decrease or eliminate profits.

 

The only ways to counter that additional expense are to increase prices, decrease hours of work, terminate employees and have the others do their work (this may not always be possible), or to do nothing and let the business flounder and eventually go under. None of these are acceptable.

 

Raising prices may result in less business and the necessity of firing an employee or going out of business - at the very least it is inflationary as prices are increased without additional goods or services being produced in return. Firing an employee hurts the very people the President's proposal intends to help and places an additional unemployment and Medicaid burden on those continuing to work. Going out of business expands the unintended consequences of the President's proposal.

 

Now let's look at how linking increases in the Minimum Wage to the CPI will actually hurt our economy by creating a vicious circle that feeds on itself. If the CPI increases, the Minimum Wage increases. The increase in the Minimum Wage causes prices to go up which drives up the CPI. The increase in the CPI causes the Minimum Wage to go up.....and so on. The President and his supporters will argue that all this does is to keep the Minimum Wage in the same relative position. However, they will ignore the fact that Minimum Wage jobs and those just above the Minimum Wage will start to disappear as companies try to find ways to shrink the number of these positions, replace them with automation or send jobs overseas through business brokers or by opening facilities there. This will make it harder for the unskilled and under-educated to find jobs. The Administration ignores the fact that this proposal will accelerate the rate of inflation thereby hurting those who it intends to help - remember that the CPI is a lagging indicator (the President will argue that this relieves the legislature from a regular review of the Minimum Wage and will keep it in the same relative position). The Administration ignores the fact that if a business cannot find employees at the Minimum Wage the business will pay more. The business world will adapt so, in effect, the actual minimum wage (notice no initial caps) will increase over time.

 

Now is the time to inform your Congressperson of your position on this issue. You can reach them through these links: 

  

Senate: http://www.senate.gov/general/contact_information/senators_cfm.cfm  

House: https://writerep.house.gov/writerep/welcome.shtml  

  

Our staff has had experience with increases in the Minimum Wage in different venues and would be pleased to assist you in restructuring your compensation and benefits packages to accommodate the proposed increase when it becomes law. 

   

Sincerely,

 

 

 

 

 

 

 

Michael F. Yates,

President 

 

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.

 

In This Issue
It's Not Too Late for a Tax Break
MFYCO Facebook
Five Ways to Keep Your Identity Safe During Spring Break
Commercial Driver's Proposed Drug and Alcohol Testing Database
Medical Marijuana and the Workplace
eLaws Quick Link
Retirement Plan Limits
Track Government Spending
Terms of Use
  

It's Not Too Late for a Tax Break - Start a SEP Retirement Plan for 2013

 

If you own a business, you still have time to set up a Simplified Employee Pension (SEP) plan for 2013. If you set up and fund your SEP by the due date of your 2013 business return (including extensions), you can still take a deduction for 2013. Other kinds of business-sponsored retirement plans must have been established before the end of 2013 in order for the business to get a deduction for 2013.

If your business uses the calendar year for its tax year, the deadline to set up and contribute to a SEP plan for 2013 depends on the type of your business organization:

  • If your business is a corporation, filing Form 1120 or 1120S, you have until March 15, 2014 (September 15, 2014, if you file for an extension.)
  • If your business is a partnership, filing Form 1065, you have until April 15, 2014 (September 15, 2014, if you file for an extension.)
  • If your business is a sole proprietorship, reported on Schedule C of Form 1040, you have until April 15, 2014 (October 15, 2014, if you file for an extension.)

SEP plans offer high contribution and deduction limits, minimal paperwork and no annual Form 5500 filing. You can contribute to a SEP plan even if you participate in an unrelated employer's plan (for example, a 401(k) plan.) Contributions to a SEP plan are limited to 25% of the employee's compensation, or $51,000 for 2013 ($52,000 for 2014.) Note: Elective deferrals and catch-up contributions are not permitted in SEP plans.

You can set up a SEP plan for little or no cost at a bank, investment firm or insurance company (continue reading for additional details on setting up a SEP Plan.)

 

Establishing a SEP

Choosing a Financial Institution

You'll need to choose a financial institution to serve as trustee of the SEP-IRAs that will hold each employee/participant's retirement plan assets. These accounts will receive the contributions you make to the plan.

Set-Up Steps for a SEP

There are three steps to establishing a SEP.

  1. Execute a written agreement to provide benefits to all eligible employees.
  2. Give employees certain information about the agreement.
  3. Set up an IRA account for each employee.

Written Agreement

The written agreement must include the name of the employer, the requirements for employee participation, the signature of a responsible official and a definite allocation formula. The IRS has a model SEP plan document, Form 5305-SEP, Simplified Employee Pension - Individual Retirement Accounts Contribution Agreement. Do not file this form with the IRS.

You may not use Form 5305 - SEP if you:

  • Maintain any other qualified plan (except another SEP - a plan is "maintained" even if no contributions were made during the year),
  • Use the services of leased employees,
  • Want a plan year other than the calendar year, or
  • Want an allocation formula that takes into account Social Security contributions you made for your employees.

If you can't use the Form 5305-SEP, you may use a prototype document. A mutual fund, insurance company, bank or other qualified institution usually provides these. You may also have a SEP individually designed for your business.

Provide Information to Participants

You must furnish your eligible employees:

  • Notice that you have adopted the SEP
  • Requirements for receiving an allocation
  • The basis on which the employer contribution will be allocated

If you use Form 5305-SEP, you must give your employees a copy of the form and its instructions. The model SEP is not considered adopted until each employee is provided with the following information:

  1. A statement that IRAs other than the one the employer contributes to may provide different rates of return and contain different terms.
  2. A statement that the administrator of the SEP will provide a copy of any amendments within 30 days of the effective date along with a written explanation of its effects.
  3. The administrator will give written notification to the participant of any employer contributions made to a participant's IRA by January 31 of the following year.

If you use a prototype or individually designed plan you must give all eligible employees similar information.

Set Up a SEP-IRA for Each Employee

A SEP-IRA must be set up by or for each eligible employee. They may be set up with banks, insurance companies or other qualified financial institutions. All SEP contributions must go to traditional IRAs. Employees are responsible for making investment decisions about their SEP-IRA accounts.

You and your employees will receive a statement from the financial institutions investing your SEP contributions both at the time you make the first SEP contributions and at least once a year after that. Each institution must provide a plain-language explanation of any fees and commissions it imposes on SEP assets withdrawn before the expiration of a specified period of time.

 

 

  
   
 
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Five Ways to Keep Your Identity Safe During Spring Break

 

sandy-beach-scene.jpg

 

Before you pack your bags and head for the beach this spring break, remember the most common ways identity thieves steal personal information are more likely to happen when you are traveling.

1. Mail theft

One way thieves get personal information is to steal it right out of your mail box. Credit card invoices and bank statements contain account numbers. Be sure to stop your mail or have someone else pick it up for you.

2. Dumpster diving

Dumpster diving is when someone steals personal information from a dumpster or trash bin. While traveling, do not throw credit card receipts into a waste basket. Make sure you tear up receipts or save them until you get home and can shred them. Use this same advice when you are home with receipts too.

 

3. Shoulder surfing

Take extra caution when checking in at a busy hotel, paying with a credit card at a popular restaurant or using the ATM when others are around you.

 

4. Card skimming

Criminals can attach a skimmer to any ATM or payment processing machine and steal the information on your debit or credit card when you swipe either one. Often used in combination with a concealed camera, thieves can also record your PIN as you enter it. Protect yourself by checking nearby objects for possible concealed cameras such as a box holding brochures or a nearby light fixture.

 

Many banks and merchants realize that skimming is on the rise and will often post a picture of what the real device is supposed to look like so you will see that there is something attached that is not supposed to be there if a skimmer is present. Of course, a card skimmer could put a fake picture over the real picture so this is not a fail-safe way to spot a skimmer. Do not use the machine if you suspect tampering.

 

5. Personal item theft

When traveling, take extra care to guard personal items such as a wallet or purse. Limit the number of credit cards you take with you and be aware of where you are at all times. Always call to let your credit card company know how many days you will be traveling so that they can monitor your activity closely.

Courtesy of Employee Benefits Advisor

 


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Commercial Driver's Proposed Drug and Alcohol Testing Database

On February 20, 2014, as a mandate of the Moving Ahead for Progress in the 21st Century Act (MAP-21), enacted on July 6, 2012, the Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) proposed establishing the Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse), a database that will contain controlled substances (drug) and alcohol test result information for the holders of commercial driver's licenses (CDLs).

Under current drug screening programs employers have no way of identifying CDL holders who have received positive drug or alcohol test results, test refusals or violations of testing requirements. Therefore, Commercial Motor Vehicle (CMV) operators who are not qualified operators are continuing to operate CMVs after violations without completing the required return-to-duty process. The Clearinghouse would allow the FMCSA and employers to identify drivers who are prohibited from operating a CMV based on DOT drug and alcohol program violations and ensure that these drivers receive the required evaluation and treatment before performing safety-sensitive functions.

The proposed rule would:

  1. require employers to report positive, adulterated, and substituted drug testing results, positive alcohol test results, test refusals, negative return-to-duty test results, and information on follow-up testing to the Clearinghouse;
  2. require employers to report actual knowledge of traffic citations for driving a CMV while under the influence of alcohol or drugs;
  3. require employers to search the database for current and prospective employees' positive drug and alcohol test results and test refusals as a condition of permitting employees to perform safety sensitive functions; and
  4. require laboratories to provide annual summary reports, to the FMCSA, about their testing activities of FMCSA-regulated motor carrier employers for whom they have provided testing services.

 

  
Call: 908-689-4200 to contact a
MFYCO professional consulting associate.
happypeople


 What would you like to see in a future issue?

Contact our office with your suggestions.

  email: info@mfyco.com
 

 

 

 

Medical Marijuana and the Workplace

 

Although 21 States have legalized marijuana for medical purposes and out of these, five states require a prescription, the Federal Government classifies marijuana as a schedule I substance and they consider it a crime to grow, distribute or possess it. So, until the Federal Government legalizes the use of marijuana employers may continue to treat marijuana use as illegal and you:

  • do not need to modify you employment practices, drug free workplace policies, drug testing policies, or accommodation policies. The State Supreme Courts in California, Montana, Oregon and Washington have all upheld employers' decisions to terminate medical marijuana users.
  • do not need to accommodate employees who use medical marijuana. Courts have unanimously held that the Americans with Disabilities Act (ADA) does not protect medical marijuana users or provide them a right to accommodation for medical marijuana use because marijuana is still an illegal controlled substance under federal law, regardless of any changes in state laws.
  • do not need to change your Department of Transportation (DOT) obligation for drug and alcohol testing for certain drivers. The DOT stated "it remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation's regulations to use marijuana." DOT regulations will preempt any conflicting state law.

You should review or revisit drug testing and drug free workplace policies and make clear that marijuana use and possession, even for medical purposes is prohibited and may subject employees to disciplinary action. Reexamine your job application and related paperwork for clarity on the use of marijuana for authorized medical purposes and that these policies are clearly communicated to applicants and employees. Consider having them sign an acknowledgement confirming their understanding.

If you are thinking about relaxing your policies be aware that you are increasing your liability for accidents and negligent hiring claims and if you allow an employee to use marijuana outside of work time you could also face challenges if the employee arrives at work under the influence. 

 

 


 
 

 

2014 Retirement Plan Limits  

(All limits are based on the calendar year. )

 

 

2014

2013

2012 

Maximum Annual Defined Benefit

$210,000

$205,000

$200,000 

Maximum DC Annual Addition ($$)

$52,000

$51,000

$50,000 

Maximum 401(k) Deferrals

$17,500

$17,500

$17,000 

Older EE Catch-Up Contribution

$5,500

$5,500

$5,500 

Maximum Plan Compensation

$260,000

$255,000

$250,000 

Highly Compensated Threshold

$115,000

$115,000

$115,000 

Key Employee in a Top-Heavy Plan

$170,000

$165,000

$165,000 

SSA Social Security Wage Base

$117,000

$113,700

$110,100

PBGC Maximum Monthly Guarantee*

$4,943.33

$4,789.77

$4,653.41

PBGC Maximum Annual Guarantee*

$59,320

$57,477.24

$55,840.92

Maximum DC Annual Addition (%)

100%

100%

100%

Social Security Tax - Employee

Social Security Tax - Employer

6.2%

6.2%

6.2%

6.2%

4.2%

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

*Life Annuity at age 65  

 

If you have not received our business card with these numbers printed on it and would like one, please let us know! We would be happy to mail you one (or a few to share!)


 
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." 

 
 
Michael F. Yates & Company, Inc.
_________________

 
101 Belvidere Avenue
P.O.Box 7
Washington, NJ 07882-0007 
 
908-689-4200

fax: 908-689-6300
 
email: info@mfyco.com


 

 
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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Concluding Note

As always, any statements regarding federal tax law contained herein are not intended or written to be used, and cannot be used, for the purposes of avoiding penalties that may be imposed under federal tax law or to market any entity, investment plan or arrangement.