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EXPRESS “What You Don’t Know Can’t Help You!” … Eddie K. Emmett, Editor / Publisher
Be Ready for New Regulations in the New Year More Regulations at DOL and EEOC Likely
In this Extra Edition BE READY FOR NEW REGULATIONS IN THE NEW YEAR........................... 1 WE INSURE GA .............................. 3 SPECIALTY AUTO CARRIER SEEKS TSM FOR GEORGIA TERRITORY. ..... 4 ATI INSURANCE ACQUIRES ALLSAFE SERVICES ...................................... 4 2013 CONVENTION SCHEDULE........ 8
The elections are over, and nothing has changed on the surface. But, while predictions of legislative gridlock likely are accurate, one of the biggest problems businesses, and HR, may face will be new regulations. Find out what the DOL and EEOC have on their agendas for the coming four years. It's 2013, but status quo is again the rule in Washington. After a contentious election season, we are back where we started with a divided Congress and President Barack Obama at the helm. What exactly does that mean for businesses and human resources for the next four years? Early indications are that not much new legislation will be passed since the House of Representatives still is controlled by the Republicans and the Democrats maintain a majority in the Senate.
Realistic Goals for CSRs GIAA Members may download booklet for free at www.GeorgiaAgents.com
FYI EXPRESS - Extra
However, because President Obama retains the executive authority, the regulatory agencies under his control are free to pursue their agendas by issuing new regulations and enforcing existing ones more aggressively. Here are our predictions for the New Year, as well as actions your organization should take to limit the impact of potential new regulations and enforcement activities. Page 1
Although no new regulations have been issued yet, you can find clues to likely regulations and actions from the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) in the strategic plans the agencies posted on their Web sites last year. Specifically, the DOL's regulatory agenda for the next four years will be centered on its "Plan/Prevent/Protect" strategy. According to the DOL's strategic plan document for 2011 to 2016, the Plan/Prevent/Protect regulatory agenda is based on the principle that "employers and others must find and fix violations - that is, assure compliance - before a DOL investigator arrives at the workplace." Employers, therefore, "must understand that the burden is on them to obey the law, not on the DOL to catch them violating the law." According to the DOL, "plan" means that the DOL will propose rules requiring employers to create a plan to find and fix any violations of the laws or risks to employees, "prevent" means that the DOL will propose rules requiring employers to implement their plans to prevent violations and risks, and "protect" means the DOL will propose rules requiring employers to assure that their plans actually do protect employees. Continued on page 2 January, 2013
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New Year Regulations
Attention: Insurance Companies, MGA’s, Premium Finance Companies & Insurance Industry Vendors:
Continued from page 1
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To promote the Plan / Prevent / Protect strategy, the DOL is expected to propose new regulations under the Fair Labor Standards Act (FLSA) that would require employers not only to explain their employees' general rights under the FLSA (as currently required under notice posting laws), but also would require you to explain how pay is computed and what their employment status is (i.e., exempt or nonexempt). The DOL also may require employers to provide information justifying independent contractor classifications to workers not categorized as employees.
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In addition, the DOL is expected to issue new Occupational Safety and Health Administration (OSHA) regulations to support the Plan/Prevent/Protect strategy. One likely rule will require employers to implement an injury and illness prevention program which would involve planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. Also, OSHA is expected to make changes to its reporting system for occupational injuries and illnesses "to enable a more efficient and timely collection of data that is intended to improve the accuracy and availability of the relevant records and statistics."
Questions? Contact Eddie K. Emmett at eddie@fyiexpress.com or (770) 312-2342. HU
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The DOL also is overdue to issue new Family and Medical Leave Act (FMLA) regulations to implement the 2008 changes to the FMLA creating new leave rights for employees to care for injured military family members and to deal with qualifying exigencies arising from military service. Those regulations should be implemented within the next few months.
200 Russell Court, Canton, GA 30114 Eddie K. Emmett, Publisher / Editor / Janitor eddie@fyiexpress.com H
Cell: (770) 312-2342
Fax: (770) 783-8226
The EEOC's 2012 to 2016 Strategic Enforcement Plan focuses on combating employment discrimination through "strategic law enforcement" and indicates that the majority of the EEOC's financial and human resources will be dedicated to this mission. The plan does not specifically address new regulations, but you likely can expect stepped up enforcement of discrimination laws by the agency. In particular, as we saw last year, the agency most likely will continue to issue guidance on the applicant screening process, such as background checks, the exclusion of unemployed applicants, and high school diploma requirements. In addition, the ADA is expected to generate a lot of activity at the EEOC thanks to the expanded definition of disability created by the ADA Amendments Act of 2008. And, the agency has pledged to focus on enforcing equal pay laws as well.
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January, 2013
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worker meets the IRS and other independent contractor criteria. HR Matters Tools and Resource Center will keep you up-to-date on independent contractor issues.
New Year Regulations Continued from page 2 (Download free Equal Employment Opportunity model policy including an analysis of EEO regulations.)
Reprinted with permission from HR Matters, copyright Personnel Policy Service, Inc., Louisville, KY, all rights reserved, the HR Policy and Employment Law Compliance Experts for 40 years, 1-800-437-3735. Personnel Policy Service markets group legal service benefits and publishes HR information products, including the free weekly electronic newsletter, HR Matters E-Tips (http://www.ppspublishers.com/hrmetips.htm). This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.
Actions to take: Keep up-to-date on DOL and EEOC proposed and final rules and guidance and be prepared to implement new policies and procedures to comply with new requirements. HR Matters Tools and Resource Center will be reporting on any new enforcement activities that affect employers. Increased Scrutiny of Independent Contractor Classifications Thanks to the nation's ballooning deficits, you can expect that the Internal Revenue Service (IRS) will continue to try to increase its tax collections by targeting employers who misclassify employees as independent contractors. The IRS has collected hundreds of millions in back taxes and penalties from employers who improperly classified employees as independent contractors. And, the agency will look to the DOL for help. Since 2011, the IRS and DOL have had a Memorandum of Understanding (MOU) to "improve coordination on employee misclassification compliance and education" through "enhanced information sharing and other collaboration." The IRS duties under the MOU appear to be directed toward evaluating and following up on employment tax referrals provided by the DOL as the result of the DOL's investigation into independent contractor issues. The DOL stated its intent in its strategic plan to work with the IRS to identify and remedy employee misclassifications.
What’s Happening Specialty Auto Carrier seeks TSM for Georgia territory. Individual must be self-starter with focus on creating mutually beneficial relationship with insurance agencies. Contact Eddie Emmett at eddie@fyiexpress.com for more details.
Note, too, that state labor, revenue, and unemployment compensation agencies have their own definitions of independent contractor and are stepping up their review of the independent contractor label as well. In fact, several states have signed MOUs with the IRS and DOL to coordinate independent contractor enforcement activities. Actions to take: If you are considering adding more independent contractors to provide services normally performed by employees to cut costs, make sure you understand what the criteria are for independent contractors. There are three different standards commonly used by the federal courts and agencies to determine independent contractor status: (1) the IRS 20factor analysis, for coverage under federal withholding requirements; (2) the "economic reality" test, used to determine compliance with requirements of the Fair Labor Standards Act (FLSA); and (3) the common law "right to control" test, used by many courts to administer discrimination and benefits statutes. One of the key issues common to all of the tests is whether your organization exercises control over how the worker performs the job. In addition, be sure you can support the classification with documentation showing that the FYI EXPRESS - Extra
ATI Insurance Acquires AllSafe Services http://www.atiinsurance.com/news/newsdetail.php?A TI-Insurance-Acquires-AllSafe-Services-17
ATTENTION: A public hearing will be held at the Department of Insurance on Tuesday, January 8, 2013, at 9:00 a.m. regarding the proposed acquisition of control of Safeway Insurance Company of Georgia by Daniel P. Letizia as Trustee of the William and Carol Parrillo Irrevocable Trust. Please click here to see the attached Notice of Hearing for more details. Page 4
January, 2013
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If you can’t send a document for signature by email, there is another agent who can. If the price is similar, the customer will go with the agent who makes it easier to buy! Agents using InsureSign are currently signing over 1700 new applications and renewals per month using our service. That number is growing rapidly month by month. Get signed up with InsureSign now and erase the advantage of direct writers and other competition.
Check out the demo link at: www.insuresign.com/demo On his highly-regarded website, The Anderson Agency Report (www.taareport.com), Steve wrote about InsureSign: "Designed exclusively for insurance agents, InsureSign allows you to add insurance company-specific applications and forms. It includes auto placement of signature fields for popular insurance carriers’ forms. You can implement completely paperless in-person signing. You create the documents, allow the customers to sign in your office, and archive and file the documents, all without paper or toner." Let me invite you to what could be the best six hours of your insurance career.
The E-Z life sales system was developed by a P&C Agent for P&C Agents. By signing up with the E-Z Life program, you have your own personal life and health department just down the hall from your office, representing over 120 companies to help you cover any of your clients’ needs.
In our free meeting on th January 16 in Sandy Springs, you will learn how to help your clients through these uncertain times and proactively diffuse the 2014 healthcare concerns. The meeting will last from 9:40 a.m-3:30 p.m. A free lunch will be provided, along with CE credits.
Ready to learn more and get started doing things the E-Z Life way? Check us out online at www.pcagencies.com and sign up for one of our agency training meetings which are starting in January. We look forward to hearing from you.
Also, you will learn about the E-Z life sales system that provides you with the tools to increase your revenue stream without having to be an expert in the health/life/annuity/ and employee benefits arena. FYI EXPRESS - Extra
All the Best, Robert J. Griffin E-Z Life, Inc. www.pcagencies.com Page 6
January, 2013
You don’t have to be an expert! You’re Invited to attend the best six hours of your insurance career!
Join JOINus USfor FOaR free A FREmeeting E MEETING Jan. of of Phoenix, 8200 Roberts Road,Road Sandy Springs, GA GA from 9:30 Jan16th 16thatatthe theUniversity University Phoenix, 8200 Roberts Sandy Springs,
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9:30 a.m.- 3:30 p.m. Lunch provided as well Two CE Credits a.m.-3:30 p.mwillAbe free lunch and twoasCE credits will be provided
Questions we have been getting: “I have over 50 employees and cannot afford to provide health care insurance—What steps can I take to prevent penalties?” “I am a small employer and cannot provide health care for my employees—What are my options?” At this meeting learn how to help your clients through these uncertain times and proactively diffuse the 2014 concerns. Learn about the E-Z Life sales system that provides you with the tools to increase your revenue stream without having to be an expert in the health/life/annuity and employee benefits arena.
Mark Your Calendars!
AccuAuto’s South Carolina / Georgia Insurance Convention 2013 May 16 – 18, 2013 Sonesta Resort Hilton Head Island AccuAuto invites South Carolina and Georgia Insurance Agents, CSRs, Insurance Companies and Insurance Vendors to enjoy the most fun, most educational and most affordable Insurance Family Getaway anywhere in the Southeast.
More information at www.AgentsFirst.org
FYI Express’ Insurance Expo 2013 July 11-13, 2013 Marriott Gwinnett Place, Duluth GA 3 days of Edu-Tainment for Georgia Insurance Industry plus the largest Insurance Industry Trade Fair in the Southeast.
More information at www.FYIGeorgiaViews.com
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January, 2013
GIAA Membership has More Advantages! Here’s what you get for only $160.00 per year for one office plus $75.00 each for additional offices under common ownership: Free Online CE for everyone in your agency Free Classroom CE for everyone in your agency Free Mobile Site & QR Code Marketing Strategy Free registration to GIAA Annual Convention Discount for Online Limited Subagent Pre-Licensing Course 50% Discount on Insurance Expo 2013 Attendee Registration
Free Report complete with improvement tips on Your Agency’s Online Visibility “How To” Booklets on Agency Management, Internet Marketing & Social Media Free Custom QR Code for saving Contact Info to Smartphones
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Georgia Insurance Agents Alliance “How To” Booklets available for GIAA Members Only
Setting Realistic Goals for CSRs & Producers
Super Sales & Management Tips ‘n Tools
Marketing to Hispanics
More “How To” Booklets being added all the time! Join Today at www.Georgia-Agents.com
Internet Marketing Tips & Tools Exclusive to GIAA Members
Commercial Auto Tips
Buy / Sell / Evaluate “Mom & Pop” Agencies Download your copies in PDF in the "Tips 'n Tools" Section
Attendees to GIAA Conference 2011 on Oct 20 – 22 will be given “Sneak Peek” code to download these booklets in PDF
Georgia Insurance Agents Alliance “How To” Booklets available for GIAA Members Only
Join Today at www.Georgia-Agents.com
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How to generate leads using LinkedIn
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2010 Online Marketing Blueprint
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How to increase awareness and generate leads from local SEO
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17 Ways to make your Agency Rank #1 on Local Search
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8 Google Tools to Improve Your Marketing Effectiveness
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E-Mail Marketing Basics
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How to create Marketing Videos
21 Income Streams ... Multiple Ways to Make Money Online
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How to monitor your Social Media in 10 minutes a day
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27 Essential Rules of Internet Marketing
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The Definitive Guide to Integrating Social Media and E-Mail Marketing
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11 Steps to create a successful Web Site
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Master of the Moment - Bonus
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Website Traffic Secrets
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Master of the Moment
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How to use Twitter in Business
The Ultimate Web Site Builder's Toolkit
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How to use Facebook in Business
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Social Media for Small Business
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The Edge of Success
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The Keyword Research Bible
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Internet Call Lead Script
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Niche Marketing
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Secrets of Online Insurance Sales
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Integrate or Evaporate
Download your copies in PDF in the "Tips 'n Tools" Section
Attendees to GIAA Conference 2011 on Oct 20 – 22 will be given “Sneak Peek” code to download these booklets in PDF