FAPEO Annual Business Meeting arrives in Tampa Bay August 4, 2021

The Florida Association of Professional Employer Organizations is comprised of organizations which provide integrated, cost effective solutions for the management and administration of human resources for its clients by contractually assuming employer rights, responsibilities, and risk, and by establishing and maintaining an employer relationship with the workers assigned to client companies.

As mentioned in a post by Libertate Insurance’s Vice President, Sharlie Reynolds last Friday FAPEO will hold their Annual Business Meeting and Board of Directors Meeting on August 4th, 2021 at the Tampa Marriott Westshore. In addition to plenty of discussion surrounding the ongoing wave of ransomware attacks and coverage options to help client company’s offset potential losses from said attacks, there are currently a plethora of ongoing bills that could impact PEOs. FAPEO has shown their commitment to making sure that the professional employer organization industry has the appropriate representation and necessary spotlight in favor of or against the following list of bills in circulation – https://www.fapeo.org/legislation-impacting-peos/


A look at the history of the PEO Industry in Florida

FAPEO provides a colorful timeline as to how PEO’s came into existence in the state of Florida (click on https://wwww.fapeo.org/history/

Listening to early participants in the PEO industry describe how the industry came to be established in Florida, Margaret Mead’s inspirational quote comes to mind. Attorney Michael R. Miller, the general counsel of the Florida Association of Professional Employer Organizations (FAPEO) since its inception, says that the biggest surprise looking back at the history of the industry and the association is that “a ragtag band of novice employee leasing entrepreneurs” could get bills passed to establish and license PEOs in Florida.

Interviews with several of these “novice employee leasing entrepreneurs” form the basis of this history of the PEO industry in Florida, and their stories are compelling, inspiring, and yes, surprising.

Early History of the PEO Concept

Employee leasing in the United States began as early as the 1940s. In the early 1970s, the concept was popularized by a consultant named Marvin Selter, who leased the employees of a doctor’s office in Southern California. The Employee Retirement Income Security Act of 1974 (ERISA) contained an exemption for multiple employer welfare arrangements (MEWA), which provided a loophole for employers with leased employees to claim they were exempt from the ERISA requirements. Passage of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) further encouraged employee leasing by providing a tax shelter for employers who contributed a minimum amount to employee plans. More stringent guidelines in the Tax Reform Act of 1986 later eliminated most of the TEFRA incentive, however.1

To read the entire history of the PEO industry in Florida, as provided by and written by FAPEO (found on their website, click on https://www.fapeo.org/history/. Take the historical journey of what initially started as employee leasing in the 70’s and 80’s with business being done with a handshake on through to when H. Britt Landrum, Jr., started asking questions as the first CEO of LandrumHR in Pensacola, who founded AmStaff in 1970, an employee staffing company that later became the full-service PEO it is today. He remembers reading an article in Inc. magazine in 1981 about a company called Staff Leasing of America. The leadership of Staff Leasing had been successful in getting a bill passed in Congress that made it possible for highly compensated professionals such as doctors and lawyers to exclude their employees from their pension plans if they leased the employees from an employee leasing company. “When I saw that article, I picked up the phone and talked to the owner of Staff Leasing of America,” Landrum recalls. “By that time he wanted to sell franchises or license others to be involved with him so they could pay him a royalty.” also called a Staff Leasing client who had been mentioned in the Inc. article to find out why a business would want to use an employee leasing company. The answer was simple and direct: “It makes it much easier for me as an employer to handle some of those employer-employee administrative things.”


Libertate Insurance hopes to see everybody at FAPEO in Tampa for the Annual Business Meeting; August 4th’s agenda is as follows:

The Week in Review

We hope you had time this week to review some great posts by Paul Hughes and James Buscarini. 

On Tuesday, James shared with us some great tips on how smaller employers can attract and retain talent when competing with larger firms.  Check out his post on 6 Benefits to Attract and Retain Small Business Employees.    

On Thursday, Paul reminded us of the ongoing trends which are playing out in the realm of cyber Insurance.  According to content sourced from AM Best, we are witnessing an increase in both frequency of events as well as average cost per event in the cyber space.  This trend will, no doubt, bring about not only marked increases in cyber insurance premiums, but more rigorous requirements in cyber security by carriers willing to continue offering products in this space.  For full details, check out his post Annual Growth of Cyber Claims is Double Growth of Cyber Premiums.  

On this day, June 11th in 1776 the Continental Congress created a committee to draft a Declaration of Independence with Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston as members.  Thomas Jefferson primarily penned the original draft which was dived into five sections, including an introduction, a preamble, a body (divided into two sections) and a conclusion.  While the body of the document outlined a list of grievances against the British crown, the preamble includes its most famous passage: “We hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”

The Continental Congress reconvened on July 1.  The process of consideration and revision of Jefferson’s declaration continued on July 3 and into the late morning of July 4, during which Congress deleted and revised some one-fifth of its text. The delegates made no changes to that key preamble, however, and the basic document remained Jefferson’s words. Congress officially adopted the Declaration of Independence later on the Fourth of July (though most historians now accept that the document was not signed until August 2).

What would Thomas Jefferson think of our cyber insurance woes of today?

Happy Friday everyone!! 

Disruption in the Marketplace

This post utilized content from Property Casualty 360’s Heather Turner & PRNewswire.

On January 4th, 2021 PRNewswire announced Philadelphia Insurance Companies (PHLY) acquisition of the Staffing Insurance Business offered by Worldwide Specialty Programs, Inc. The transaction closed on December 31, 2020 complimenting PHLY’s broad suite of specialty services. PHLY markets and underwrites commercial property/casualty & professional liability insurance products. PHLY has an “A++” (Superior) rating by AM Best Company.

We anticipated the post-acquisition news being focused on PHLY’s delivery of industry-specific services to the temporary staffing space. Similarly, we are committed to a different industry niche, the Professional Employer Organization (PEO). We remain hopeful that PHLY will continue to support PEO, just as World-Wide has done for many years.

Entering the 2nd Quarter of 2021, uncertainty has become part of our new normal. In a recent article, Property Casualty 360 discussed fluctuation within the marketplace (4th Quarter 2020 – 1st Quarter 2021). Pre-COVID validated the firming of the marketplace. The initial impact increased underwriting scrutiny, rate increases, higher retentions, jurisdictional scrutiny and capacity reduction. As a result of COVID-19 related case uncertainty, higher than normal judgements, and developing CAT losses, there has been a continual hardening of the market. We expect rate increases, lowering capacity, limiting or transferring risk, and insurers scrutinization of risk profiles.

In conclusion, industry and marketplace changes or shifts have always been and will continue to be.  As the industry constricts, options, terms and conditions tend to constrict with it.  Your upcoming casualty lines renewal may look different, and we highly recommend staying out in front of it.

With that being said, contact Libertate Insurance Services for all your PEO-related insurance needs by emailing us here.

Chief Actuary Antonello to Be Next CEO of Employers Holdings

Excited to announce that former NCCI Chief Actuary, Katherine H. Antonello, will take the helm at Employers beginning next April. Here’s to hoping 2021 will bring this great carrier into the PEO space!

Source: Insurance Journal

Small business workers’ compensation insurance specialist Employers Holdings Inc. has named Katherine H. Antonello as its president and chief executive officer.

She will take over upon the retirement of Douglas D. Dirks on April 1, 2021. Dirks will be retiring after heading the company for more than 27 years.

Antonello joined EMPLOYERS in August 2019 as executive vice president and chief actuary of the company. Prior to joining EMPLOYERS, Antonello served as the chief actuary for the National Council on Compensation Insurance (NCCI) from 2013-2019.

Antonello has more than 25 years of workers’ compensation insurance experience having held leadership roles in actuarial, policy services, claims and internal audit functions. In addition to working at NCCI, she has worked at Lumbermen’s Underwriting Alliance and the consultant Milliman.

Katherine Antonello

Michael J. McSally, chairman of the board, said that in her “relatively short tenure” with the company, Antonello has demonstrated her “ability to be a visionary and think strategically” about the business.

“As a mono-line company, we have the size, talent and entrepreneurial spirit to excel at what we do best,” commented Antonello. “We understand comp. I look forward to continuing our digital transformation, focusing on exceptional service to injured workers and ease of doing business for our agents, partners and policyholders.”

Reno, Nevada-based Employers Holdings operates throughout the United States, with the exception of four states that are served exclusively by their state funds. It offers its coverages through Employers Insurance Company of Nevada, Employers Compensation Insurance Co., Employers Preferred Insurance Co., Employers Assurance Co. and Cerity Insurance Co. Not all companies do business in all jurisdictions.

Lifting Travel Restrictions

As the country slowly starts to reopen and travel restrictions begin to be lifted, it reminds me of how hard the travel industry has been impacted by COVID-19. Finding workers compensation coverage for this industry can be difficult due to the exposures associated with these risks. Libertate Insurance Services works closely with Beacon Aviation in placing coverage for this industry.  Beacon Aviation Insurance Services knows the ins-and-outs and provides workers compensation coverage for general aviation businesses.

Beacon’s Program offers the following:

Payment Options

  • Pay As You Owe
  • Carrier Direct Bill
  • Carrier Direct Debit
  • Credit Card

Endorsement Options

  • Foreign Voluntary Compensation
  • Voluntary Compensation
  • Waiver of Subrogation
  • Defense Base Act (DBA) Coverage
  • Employer Liability Coverage “Stop GAP”

If you need help placing your workers compensation with your travel or aviation risk, contact Jenny Bush, at jbush@libertateins.com. Click the link below for more details on Beacon’s Program.

Beacon Aviation Program Appetite

 

Expect Open Enrollment to be Virtual! How to Prepare.

The Impact of COVID-19 on Open Enrollment Employers can expect major disruptions to open enrollment this year due to the coronavirus (COVID-19) pandemic. As such, employers should stay apprised of current trends and begin preparing sooner rather than later.  Contact your PEO for additional insight or Contact Libertate Insurance if you are considering a PEO.

Trends to Watch

Many organizations are expected to hold entirely virtual open enrollment due to the coronavirus. Virtual enrollment has been trending for several years, and the COVID-19 pandemic is helping to solidify its prominence. A virtual enrollment process typically includes an online enrollment platform for selecting benefits, hosting remote meetings between employees and HR, and downloading benefits resources.

Also, many employers are meeting current employee needs through supplemental health plans with an emphasis on overall well-being. Adding optional health benefits can be a way to limit additional employer spending and provide assistance to employees who need it.

Ways Employers Can Prepare

Open enrollment isn’t always a clear-cut process. Employers can review the following strategies and consider how similar initiatives might improve their own open enrollment efforts:

  • Reach out to employees to determine what kind of enrollment process will work best for them.
  • Confer with management about any operational restrictions that may influence open enrollment.
  • Meet with stakeholders to solidify what the enrollment process will look like.
  • Inform all stakeholders about the enrollment process and where to find benefits resources.
  • Communicate to employees about open enrollment using multiple channels.
  • Understand what additional, supplemental plans are available:
    • Critical illness insurance
    • Cancer insurance
    • Hospital indemnity insurance
    • Accident insurance

Speak with Libertate Insurance today for additional open enrollment resources.

New Law Provides Flexibility on PPP Loan Forgiveness

Under a new federal law effective June 5, 2020, the requirements for PPP loan forgiveness have been relaxed in favor of small businesses.

What is included in the bill?

The bill, which passed with a bipartisan vote, makes the following amendments to the PPP to provide relief to borrowers:

  • Loan repayment terms—The bill extends the minimum loan term for unforgiven PPP loans from two years to five years.
  • Payroll costs vs. nonpayroll costs— For forgiveness eligibility, the bill reduces the portion of PPP funds that must be spent on payroll costs from 75% to 60%, and raises the nonpayroll cost limitation from 25% to 40%.
  • Covered period extension—The bill extends the covered period during which borrowers must spend the PPP funds to be eligible for forgiveness from eight weeks to 24 weeks from the date of origination of the loan.
  • Payroll tax deferment—The bill permits borrowers to defer payroll taxes without being penalized while still remaining eligible for loan forgiveness.
  • Extension of rehiring safe harbor—The bill extends the rehiring safe harbor by six months to provide borrowers with additional time to restore payroll levels or rehire employees without facing a reduction in the amount of forgiveness for which they are eligible. The original date was June 30, 2020, and the new date is Dec. 31, 2020.

In addition to the provisions above, the bill provides loan forgiveness eligibility exemptions for borrowers that are not able to rehire an employee or a replacement. There are also exemptions for loan forgiveness eligibility for borrowers that are not able to return to the same level of business due to complying with COVID-19-related orders or circumstances.

What’s next?

Borrowers should review the bill carefully and speak to their lender should they have any questions. In addition, borrowers should direct any questions regarding their PPP loan to their lender.

We will continue to monitor any additional developments regarding the PPP and deliver updates as necessary.

 

COVID-19 Workers’ Compensation Resources

Due to the nature of the COVID-19 pandemic, rules and regulations are constantly changing. You should be prepared to change your business practices if needed to maintain critical operations. Below are links to resources on how to keep your business, employees and customers safe.

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