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First Niagara profit climbs in the first quarter
First Niagara Financial Group (NASDAQ: FNFG) today reported net income available to common shareholders of $59.7 million, or 17 cents per share, in the first
Brown & Brown advises clients on health-care reform, adds employees
SYRACUSE — Brown & Brown Empire State, a unit of Florida–based Brown & Brown, Inc. (NYSE: BRO), has added employees to its Syracuse office in the past nine months. And the firm is also guiding its employee-benefits clients on dealing with the national health-care reform law. The Central New York Business Journal (CNYBJ) spoke separately
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SYRACUSE — Brown & Brown Empire State, a unit of Florida–based Brown & Brown, Inc. (NYSE: BRO), has added employees to its Syracuse office in the past nine months. And the firm is also guiding its employee-benefits clients on dealing with the national health-care reform law.
The Central New York Business Journal (CNYBJ) spoke separately with two company officials on its hiring and health-reform law issues. The officials were Nicholas Dereszynski, president of Brown & Brown Empire State and regional vice president for parent company Brown & Brown, and Jeffrey Wittig, senior vice president of Brown & Brown Empire State’s employee-benefits group.
Q&A
CNYBJ: How is the implementation of the health-care reform law affecting Brown & Brown Empire State and your customers?
Jeffrey Wittig: I think it’s affecting our customers in a number of ways. In 2013, it’s affecting customers from an administrative perspective. For example, the customers we work with that issue more than 250 W-2s are required to report that [the cost of coverage on under an employer-sponsored group-health plan] on their employees’ W-2 forms. So, from an administrative standpoint, that is one of the new requirements under the legislation. We’re often asked, does that mean it’s taxable income? Well, not yet, it’s not taxable. It’s hard to say what the future will bring, but it is a requirement for the larger end of the mid-segment market employers.
There’s also some reporting requirements and some notification requirements for employers such as the summary of benefits and coverage (SBC), which is part of the new regulation. The SBC requires employers to distribute the employees’ planned benefits in a glossary of terms in a uniform template. And so, that uniform template has been provided by the insurance carriers and then we work with the employer to provide them with that summary of benefits and coverage. We actually help facilitate them getting that and distributing that to their employees as well as helping them incorporate that into their orientation packets for new hires because part of regulation is to provide that notification to employees.
The other employee notification is related to the upcoming health-insurance exchange and was originally set for March, but that’s been delayed. Employers will be required to provide notification to employees regarding the New York state exchange [called the New York Health Benefit Exchange], and that has been delayed to late summer or early fall. We would anticipate that [notification] being, at the latest, by Oct. 1 because that is the date at which [New York’s exchange] is going to begin accepting applications for a Jan. 1 effective date.
More importantly, though, is the impact the legislation will have beginning on Jan. 1, 2014.
CNYBJ: Tell us about that.
Wittig: An employer over 50 employees is potentially subject to penalties, as it relates to health-care regulations. If an employer is going to continue offering insurance to employees, they’re still subject to potential penalties if they don’t meet large-group requirements as it relates to the definition of offering insurance to an employee who works 30 hours per week. The plan also has to meet a minimum-value requirement, secondly, and, thirdly, the plan has to meet an affordability test … An individual cannot pay more than 9.5 percent of their income toward insurance or they would be considered not being offered affordable insurance.
If an employer meets those requirements, then they are not subject to the $3,000 penalty (or it can be a $2,000 penalty, whichever is less according to the regulations). However, if they do have some employees who don’t meet the affordability test (these could be lower-income wage employees who are paying more than 9.5 percent of their income toward their health insurance) the employees could be eligible to purchase their coverage through the exchange in 2014, and if the workers do so, the employer, or our client, is then subject to a $3,000 penalty — if, and only if, the employee enrolls in the New York exchange.
The second part of that … employers can also decide not to offer insurance and that’s referred to as (the “pay” part of the “pay or play” model). The pay part is the employer deciding not to offer insurance anymore and paying the $2,000 penalty (after the first 30 employees), and at that point, permitting the employees to purchase their coverage through the individual exchange. So, there’s a lot of planning, a more strategic look at the current structure, and then how employers could be impacted by those penalties, and whether they should consider not offering insurance at all.
There are a number of implications to consider if an employer decided to pay the penalty and not offer insurance. On the surface, if you look at employer’s monthly contribution to an employee’s health coverage … the $2,000 penalty for most employers, they’re actually going to be able to save money by not offering insurance and paying the $2,000 penalty. However, there are implications in doing that and those implications can impact employees because going to the exchange … only certain employees are going to get a subsidy or credit for purchasing their coverage through the exchange. Some will get more of a credit than others. Some may not get a credit at all. And that purchase through the exchange is also not pre-tax the way it is in today’s environment, so there are tax implications for both the employer and the employee by doing that.
When employers look beyond just the $2,000 penalty and look at the retention and recruitment of employees and … at what the subsidies will look like for their employee base, that will certainly help employers make an informed decision about how they deliver health insurance to their employees going forward.
CNYBJ: You wanted to add a few remarks about new fees and taxes. Proceed.
Jeffrey Wittig: There are new taxes and fees that are associated with the health-care reform regulations. There’s a health-insurance fee or tax. There’s what’s referred to as the PCORI (the Patient Centered Outcomes Research Institute) tax or fee, and then there’s a reinsurance tax or fee. Those are three very important components that are being implemented in January that, unfortunately, have a negative impact on our clients and our employers because those fees and taxes are being passed through in the premium and those fees and taxes can have a negative impact on upcoming premiums and renewals before any other factors are applied, so I think that’s another important thing that needs to be considered…. Those fees could have an impact of about four to five percent on an upcoming renewal.
The Central New York Business Journal also spoke with Nicholas Dereszynski, president of Brown & Brown Empire State, about the firm’s plans to hire more people.
CNYBJ: Upon returning to Syracuse last August, you had mentioned that hiring and recruiting talented salespeople was a priority for Brown & Brown Empire State. How has that process unfolded?
Nick Dereszynski: We’ve hired five individuals here in our Syracuse office. A couple of those individuals would be on the employee-benefits side, and a couple would be on our commercial-insurance side. We continue to look for high-quality individuals, both in sales, but also in our claims division and claims support. Being an advocate for our clients is critical to our success long term. And so we are investing in our talent internally, and again, that’s both internal folks and individuals that are client facing on a day-to-day basis, so that we have the best product and service in this marketplace for our clients.
CNYBJ: Are the people that you’ve hired sales agents or in other areas of the company?
Dereszynski: Of the folks we’ve hired thus far, we’ve hired four new sales agents, and we’ve hired one operations manager in our employee-benefits division, and, again, we would continue to look in those areas but also in our policy-holder services and our claims division.
CNYBJ: You’ve mentioned that Brown & Brown, Inc. wants to grow its annual revenue level to $2 billion. Is that part of the reason why the firm is pursuing new hires?
Dereszynski: That’s correct. Whether you look at it on a corporate level … we’re a $2 billion company at the corporate level. We have approximately 6,300 employees around the country in 38 states, or whether you look at that on the upstate New York basis. In upstate New York, we’re approximately $40 million in revenue in total [including Brown & Brown, Inc.’s other units]. We’re probably 200, 250 employees in upstate New York, so, yes our goal is to double, and so that means we need double the teammates, whether it’s on a local basis or a national basis. We believe that the way to get there is through attracting, developing, and retaining talent, which will enhance our client base.
CNYBJ: The Brown & Brown Empire State unit has generated $20 million in revenue in both 2012 and 2011. What is the company’s projection for 2013?
Dereszynski: Our revenue projection for 2013 would be to increase 5 percent. So $21 million is our target. Our business is very much a microcosm or a mirror of the general broad-based economy, and so, as the economy continues to bump along, we do believe that it’s trending in the right direction, and so, as economic factors get better, that does support our business. There’s also pressure on insurance premiums for our customers. We advocate for our customers, but premiums and rates are continuing to trend upwards. So that, from a business model standpoint, does give us a lift in our revenues as well.
Contact Reinhardt at ereinhardt@cnybj.com
Will Your HR Department Withstand a Government Audit?
Woody Allen once quipped “confidence is what you have before you understand the problem.” The 10 words sum up what many businesses, including middle-market and small companies, are starting to feel as 2013 brings in broader workplace requirements for employers and hard-line enforcement by government agencies. A few news items to think about: § The
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Woody Allen once quipped “confidence is what you have before you understand the problem.”
The 10 words sum up what many businesses, including middle-market and small companies, are starting to feel as 2013 brings in broader workplace requirements for employers and hard-line enforcement by government agencies.
A few news items to think about:
§ The U.S. Equal Employment Opportunity Commission (EEOC) stated last year that it had secured $365.4 million in monetary damages against employers — a $700,000 increase over the previous year and the highest level of monetary relief that the agency has ever reported.
§ In 2012, the Immigration and Customs Enforcement (ICE) assessed $13 million in fines, and arrested more than 200 employers accused of criminal violations related to employment.
§ Since September 2011, the Wage and Hour Division has collected more than $9.5 million in back wages, primarily for minimum wage and overtime violations under the Fair Labor Standards Act, which resulted from more than 11,400 workers being misclassified as independent contractors or otherwise not properly treated as employees.
“In this climate, all companies should pay close attention to regulation changes, especially in the health-care area,” said Mary Beth DiBacco, assistant vice president, specialty manager at the Chubb Group of Insurance Companies office in Rochester and expert in Employment Practices Liability Insurance.
To avoid becoming part of the fiscal year 2013 statistics, DiBacco said, employers should carefully reexamine their HR policies, procedures, and practices. The good news (sort of) is that agencies like the EEOC have made it easy to prioritize compliance efforts for 2013 and beyond.
The EEOC’s new strategic enforcement plan points to hiring, pay, and harassment as three areas of focus. Armed with this guidance, employers of all sizes should consider conducting an HR audit to ensure that their policies and practices are not creating liabilities for their companies.
What is an HR audit?
Used optimally, a human-resource audit provides senior management with an analysis of how well the company is complying with government regulations and specifically identifies gaps in compliance. An audit uncovers exposures and defines an action plan for addressing them.
Below is a short list of 2013 “hot topics” that should be part of any HR audit:
Health-care reform
A number of Affordable Care Act deadlines are upon us:
§ One is the requirements that employers notify employees this summer of the availability of state and federal health exchanges, which are required to be ready for open enrollment later this year.
§ Large employers (those who issued 250 or more W-2s in 2011) were required in January 2013 to disclose the annual cost of their group health-insurance coverage to employees on the 2012 W-2 forms. All employers will be required to disclose this information on 2013 W-2 forms.
§ A major change set for 2014 is the mandate that employers with 50 or more full-time equivalent employees provide affordable, minimum value health insurance or pay a tax penalty.
Independent contractors
§ The U.S. government loses approximately $3 billion a year on taxes for misclassified workers. In 2011, the IRS vowed to be more vigilant in finding employers who improperly classify workers as independent contractors.
§ Adding to the confusion for small firms is that an employer’s view of who is an independent contractor may not align with the government’s definition. The guidelines defining independent contractors can be difficult to interpret.
§ The stakes are higher than ever for employers, particularly those who have close to 50 full-time employees. Worker misclassification can trigger the health-care employer mandate. This could result in having to pay back taxes in addition to potential penalties associated with the health-care law, should the revised classification push the firm’s employee headcount over the threshold.
Background checks
§ The EEOC has issued updated guidelines on employers’ use of arrest and conviction records in employment decisions. Policies or practices that exclude candidates with any criminal record will not satisfy the EEOC’s requirements.
Form I-9 compliance
§ The seemingly simple, one-page, I-9 form is accompanied by a manual of almost 70 pages of instructions and frequently asked questions. Failure to execute the Form I-9 or comply with its complex requirements has resulted in millions of dollars of sanctions against employers.
§ Even when filed, employers may be fined for errors found on the Form I-9. Fines for substantive violations and uncorrected technical violations range from $110 to $1,100 per violation.
The “other” reasons for doing an HR audit
If staying on the right side of the law and reducing legal exposure are not enough incentive to launch an audit, there are a few more reasons to consider: cost savings and strategy.
More often than not, small to mid-size companies find audits yield immediate benefits. Correcting benefit premium errors and overpayments, for example, can generate many thousands of dollars in savings. Audits also can be used to identify opportunities to outsource areas within human resources that offer little value to the company.
It’s important to remember that HR can serve a strategic purpose — one that has proven to be a competitive advantage and a boost to the bottom line. Companies that complete a thorough HR audit for compliance and cost reasons can also use the gained insight to ensure that HR practices are linked to and play a vital role in the company’s strategic planning and execution.
Candace Walters is president of HR Works, Inc. (www.hrworks-inc.com/), a human-resource outsourcing and consulting services firm, which is based in Fairport and also has a DeWitt office. To reach HR Works, contact Director of Business Development Adam Dusseault at (315) 299-6982 or email: Dusseault@hrworks-inc.com.
Robin Hood is a heroic, English outlaw known for robbing from the rich and giving to the poor. He and his merry band of rogues discomfited the unscrupulous sheriff of Nottinghamshire, who had dispossessed Robin of his property. The myth has persisted for more than 800 years. Horatio Alger, Jr. wrote more than 100 books
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Robin Hood is a heroic, English outlaw known for robbing from the rich and giving to the poor. He and his merry band of rogues discomfited the unscrupulous sheriff of Nottinghamshire, who had dispossessed Robin of his property. The myth has persisted for more than 800 years.
Horatio Alger, Jr. wrote more than 100 books designed for young, working-class men, which are best described as rags-to-riches stories. His first book appeared shortly after the Civil War. His novels portrayed young men who led exemplary lives, rising from poverty and other adversities. The protagonists realized the “American Dream” based on honesty, thrift, self-reliance, and industry.
Which myth persists today? Both.
Robin Hood and his merry band currently reside at 1600 Pennsylvania Ave. They are still focused on extracting the earnings of the “rich” and redistributing them to the less fortunate. The wealthy “1 percent” continues to suppress the less fortunate, inhibiting their social mobility and smothering fairness, defined as “economic inequality.” Government is now the sheriff, and the welfare state is the mechanism for righting this evil.
Horatio Alger lives in the breasts of entrepreneurs. America is enjoying an explosion of dreamers who imagine a new product or service and who are willing to risk time, talent, and treasure to pursue their dreams. Thousands are still drawn to our shores as immigrants, seeking a society based on meritocracy and the opportunity for social mobility.
Which myth best propels U.S. economic growth — economic inequality or social mobility? America has long opted for social mobility as long as economic advancement is a realistic goal and capitalism does not become a caste system. Supporters of both myths agree that education is a critical benchmark to achieve mobility. What is too often overlooked is another benchmark — marriage.
The breakdown of marriage has spawned the rise of the single-parent household. In 1980, about 18 percent of births were to unmarried women; by 2009, the number had escalated to 41 percent. The increase among whites rose from 11 percent to 36 percent; among blacks, the number jumped from 56 percent to 72 percent; and Hispanic numbers increased from 37 percent to 53 percent. Concomitantly, the number of children living with two parents has dropped since 1970 from 82 percent to 63 percent. On average, children in single-parent homes have lower grades, do more drugs, and have higher arrest rates.
The drop in marriage rates exacerbates income inequality of those in the lowest income quintile, creating a fault line separating economic classes. Fifty years ago, marriage rates for the most- and least-educated adults were identical. Today, two-thirds of college graduates are married, compared with less than half of those with a high-school diploma or those who did not graduate. The numbers also tell us that those with less education are both more likely to cohabit and are quicker to divorce.
The fault line is also widened by who marries whom. Fifty years ago, it was not uncommon for the boss to marry his secretary, who probably came from a different economic strata and level of education. Today, marriage is largely between those with equal education: I met my spouse in med school or law school. The couple then most likely resides in a clustered community of like-educated couples, further segregating economic classes
The numbers are important because a strong determinant of educational achievement is being raised in a stable, two-parent home. By age 12, two-thirds of children born to cohabiting parents will see them split up, compared with just a quarter of children born to parents who are married. Educational achievement, in turn, usually determines lifetime income. The result: fewer marriages mean more economic inequality.
Which brings us to men in the lowest income quintile. For them, it is most difficult to find employment, because they are undereducated and have adjusted poorly to a marketplace requiring more office work and less factory work, construction, and transportation. This, in turn, marginalizes them as prospective marriage partners. Our stagnant economy exacerbates the situation, causing many to simply drop out of the labor market. In March, the U.S. Labor Department reported that 496,000 people had exited the labor force. The data shows a direct correlation between falling earnings of poorly educated men and declining marriage rates. It also suggests that the implosion of stable families costs taxpayers $112 billion annually.
Economic mobility, then, is a family enterprise. But, it’s also an individual enterprise. We all marvel at immigrants who arrive penniless in America, unable to speak the language, and in a few years, many create thriving enterprises and their children are the class valedictorians who go on to professional careers. The family culture stresses education and the Horatio Alger attributes of thrift, self-reliance, and hard work. Clearly, America is still a land of opportunity for those who don’t buy into the Robin Hood concept based on envy and resentment.
The multicultural dogma tells us that all cultures are equal. Put that in the baloney column. Horatio Alger may be a myth, but cultures built on Alger’s principles nurture real rags-to-riches stories.
The biggest obstacle to mobility in our society is the growing stratification of the lowest economic quintile. The best answer is to promote stable, two-parent families. Marriage matters.
Norman Poltenson is publisher of The Central New York Business Journal. Contact him at npoltenson@cnybj.com
State Comptroller stops $21 million in ‘dubious’ tax refunds
The office of New York State Comptroller Thomas DiNapoli announced that it has halted more than $21 million in “questionable” personal-income tax refunds after uncovering
Nationwide Credit to add 300 jobs in Vestal
VESTAL — Nationwide Credit, Inc. (NCI), an Atlanta–based collection agency, today announced plans to add 300 customer-service jobs in Vestal.NCI, a subsidiary of Altisource Portfolio Solutions S.A. (NASDAQ: ASPS), already employs about 400 at its service center in Vestal.As part of Altisource’s customer-solutions group, NCI serves companies in the financial and energy sectors.NCI describes itself
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VESTAL — Nationwide Credit, Inc. (NCI), an Atlanta–based collection agency, today announced plans to add 300 customer-service jobs in Vestal.
NCI, a subsidiary of Altisource Portfolio Solutions S.A. (NASDAQ: ASPS), already employs about 400 at its service center in Vestal.
As part of Altisource’s customer-solutions group, NCI serves companies in the financial and energy sectors.
NCI describes itself in a news release as an “accounts receivable and customer relationship-management provider.” Besides its location in Vestal, the firm operates another service center in Tempe, Ariz.
The Vestal and Binghamton area has proven to be a “very successful place” to recruit customer-service talent,” John Fisher, COO of Altisource Customer Solutions, said in the news release.
“The expansion is a result of our success serving one of the largest east-coast [electric] utilities and the addition of new companies within the financial services and utility segments as customers,” Fisher said.
The news release did not name any of the customers that NCI is now serving.
Hiring is already under way in Vestal. The firm says that job candidates may apply at the NCI company website, www.ncirm.com.
Contact Reinhardt at ereinhardt@cnybj.com
KeyCorp profit edges up in first quarter
KeyCorp (NYSE: KEY), which has a major presence in Central New York, earned net income from continuing operations of $196 million, or 21 cents per
Anaren forms committee to review purchase offer
DeWITT — Anaren, Inc. (NASDAQ: ANEN) today announced it has formed a committee of independent directors to review and evaluate the recent purchase offer it
Alto Cinco to open a second restaurant in downtown Syracuse
SYRACUSE — Alto Cinco, a popular Mexican restaurant in the Syracuse University hill area since 1995, will open a second eatery in downtown Syracuse this
Florida investment firm offers to buy Anaren
DeWITT — Anaren, Inc. (NASDAQ: ANEN) has received a purchase offer from one of its investors, according to a document filed Monday with the U.S.
Stay up-to-date on the companies, people and issues that impact businesses in Syracuse, Central New York and beyond.