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December Hot Topics:
  1. Company Holiday Parties that are Successful
  2. 2012 Payroll Tax Compliance - Potential Changes Ahead!!! By Fred Patterson, lll, District Sales Manager, AmCheck
  3. Top 5 Things the New Workers Comp Manager Needs to Know By Eric Sheetz, Commercial Insurance Broker, The Michael Ehrenfeld Co.
  4. An Introduction to Google Analytics and AdWords By Michael Sick


Company Holiday Parties that are Successful
December is upon us and so is the season for holiday parties. With that in mind, many employers choose this time of year to thank employees for their hard work and a job well done. A holiday party is a great morale booster and serves as a nice way to say thank you. At the same time, it is important to be mindful of your liability and legal responsibilities.

When planning your holiday party, be aware that you are undertaking several liability risks and there is the possibility of criminal or civil penalties. Alcohol is known to be the most common culprit of such actions. Refraining from serving alcohol altogether would be an easy solution; however this is not always feasible.

If you choose to provide alcohol at your holiday party, it is good policy to familiarize yourself with “social host” laws in your state. For instance, in California, employers generally do not face criminal liability if an employee overindulges, and is then involved in an accident causing injury to him or others. Important to note though - municipal social host ordinances do exist locally in California. If alcohol is served, take steps to curb consumption by providing a limited number of drink tickets, or by keeping the bar open for only a short period of time. Also important to note that while you may not be held legally liable for a drunken employee's actions, you may end up spending thousands of dollars proving this.

Sexual harassment and lewd behavior is yet another pitfall to be aware of when hosting employees at a company party. As the party approaches, companies should make it a point to hand out their sexual harassment policy again and be sure all employees understand that these guidelines will be in effect at the party, even if it takes place off-site. Supervisors should also be urged to monitor employee behavior and set a professional example.

One last thing to note: emphasize to employees that their attendance at holiday parties is voluntary, not mandatory. This will minimize liability should an employee injure themselves at your party. There have been instances in California of employees attempting to sue their employer for slip and fall injuries at parties.

With some advanced planning and awareness of liability issues, your holiday party can spread good cheer and be enjoyed by all. Below is a holiday party checklist that will help you have a successful event.

Holiday Party Checklist
  1. Choose an off-site location or local restaurant.

  2. By reserving space at an establishment with a liquor license, there is a good chance that a professional bartender will be serving drinks. Bartenders can better gauge a guest's alcohol consumption and when it becomes excessive.
  1. Consider hiring a caterer for events held on-site.

  2. If you plan on serving alcohol at an event on your premises, a professional bartender should be hired to serve any and all alcoholic beverages. Employees should not serve drinks to other employees. Be sure to confirm that the caterer has updated and current liability insurance.
  1. Set limits as to how much alcohol will be served.

  2. Employers should attempt to control how much alcohol is consumed by implementing one or more of the following suggestions: a) provide minimal amount of drink tickets or serve alcohol for a short period of time only. b) parties that take place earlier in the day can curb alcohol consumption as employees may be less inclined to drink to excess in the daytime. c) offer abundant choices of non-alcoholic beverages and food, which can serve as an alternative to alcohol.
  1. Offer Transportation.

  2. If you choose to serve alcohol at your event, consider providing transportation home for employees in attendance.
  1. Have employees alert you to any intoxicated employees.

  2. Encourage employees to be on the lookout for co-workers who may have over-indulged. However, be sure not to assign employees who could be non-exempt from the Fair Labor Standards Act (http://us.practicallaw.com/5-501-9884) (FLSA) in order to avoid claims that they are entitled to compensation, having been required to work off the clock. (See Prevent Wage and Hour Claims by Non-exempt Employees)
  1. Is the company insured?

  2. Companies should determine if they need to purchase insurance that covers Dram Shop or liquor law liability. However, before investing in any new coverage, they should review their existing policies as a comprehensive general liability policy can provide such coverage.



2012 Payroll Tax Compliance - Potential Changes Ahead!!!
By Fred Patterson III, District Sales Manager, AmCheck

As we quickly approach and make final preparations for the 2012 tax year, the US Senate's proposed changes to the Social Security Payroll Tax are still up in the air. This is further proof that outsourcing your payroll function to a provider like AmCheck can ease the burdens associated with these types of last minute payroll tax changes. By partnering with AmCheck, you legally shift your payroll tax liability to us so you don't have to worry about the details (that's AmCheck's fiduciary responsibility to our clients). The article below is for the latest updates on this ongoing situation that will ultimately affect all US employers and employees.

Below you'll find the latest updates as our government considers the best course of action for our domestic businesses and employees.

Obviously, the real-life answers will be revealed when lawmakers decide in the next few weeks if they will let a one-year payroll tax cut expire on Dec. 31st, but as things stand today, we're likely to see one of the following scenarios come to fruition.

Thanks to the 2011 tax cut, employees only had to pay 4.2% of their first $106,800 in wages into Social Security this year, instead of the normal 6.2%. If the payroll tax cut expires, workers in 2012 will pay the extra 2 percentage points of their income up to the wage cap (which next year will be $110,100). This means low-income workers will pay several hundred dollars more than they're paying now, while high-income workers will pay roughly $2,340 more.

But some type of extension seems likely, now that both Democrats and Republicans have publicly supported extending the payroll tax cut for individuals. Still, it's unclear what will actually happen come January, since the parties currently don't agree on how to pay for the extension. Nor do they agree on the size and reach of the tax cut.

President Obama and Senate Democrats would like to expand the cut so that workers would only pay 3.1%, down from 4.2%. Senate Republicans, meanwhile, have proposed extending the current payroll tax cut as is. If that were the case, the impact for workers is that they would see no difference in their payroll tax liability next year. But if Congress expands the credits along the lines proposed by Obama, workers would pocket even more than they are this year.

For example, those making $50,000 are now saving $1,000 over what they normally pay. If the payroll tax fell to 3.1% next year, they would save $1,550. Obama and Senate Democrats have also proposed cutting the employer's portion of the Social Security payroll tax to 3.1% on the first $5 million that company's pay in wages. In addition, they would exempt employers from paying any Social Security tax on increases in their payroll -- up to a cap -- in the fourth quarter of this year and all of 2012.

It's not clear if the GOP would support such a break. Republicans in the House are expected to put out their own payroll tax cut proposal next week and the Senate GOP proposal, which was also voted down, was silent on payroll tax cuts for businesses.
Stay tuned for more updates as this situation gains more and more national attention.


For more information or questions regarding your payroll processes, please contact Fred Patterson III, District Sales Manager for AmCheck, a payroll solutions firm with offices throughout the United States. Fred may be reached at fred.patterson@amcheck.com. (619) 595-7900.


TOP 5 THINGS THE NEW WORKERS COMP MANAGER NEEDS TO KNOW
By Eric Sheetz, Commercial Insurance Broker, The Michael Ehrenfeld Co.

It's not unusual in this day of tight hiring practices and double duty jobs for new workers comp managers to simultaneously be working in another department such as finance or human resources. It seems to become a learn-as-you-go experience. We know the new workers comp manager, even the one who has been an adjuster in the past, often needs a guide on what to anticipate in the new role. Therefore, I've put together a list of 5 helpful things to know about the job. Here's the list of 5 things the new workers compensation manager NEEDS to know.

1. The Safety Manager is your new best friend
The better the Safety Manager does the job, the easier the new Work Comp Manager's job will become, which will result in fewer accidents and fewer WC claims. Ask the safety manager what can be done to eliminate accidents and injuries in your work place.

2. Know your Insurer
Your insurer is the insurance company that writes the workers compensation insurance. Learn about your insurance company. Are they a top tier company in AM Best's rating that specializes in WC insurance or are they a run of the mill come and go insurance company that offers the cheapest premium, but most likely won't be there for you when needed most? What services do they offer as part of your program and at what cost, if any? Ask them to explain ALL of their services, not just those they pre-select. Different insurance companies, industry specific, can be more competitive than others. So do your homework before you decide to jump on board with a company just because they are the cheapest.

3. Know your Insurance Broker
Your broker is your other best friend! A mistake a lot of new WC managers make is thinking the broker works for or is an employee of the insurance company. The broker is a knowledgeable businessperson who works for the employer as an advisor. The main job of an insurance broker is to analyze the insured's exposure, advise the cost to insure and suggest alternative risk management techniques should they exist and above all make the employer (insured) happy. Ask the broker to be proactive and make suggestions about your WC program. Many brokers provide WC manuals to their clients at no charge, so make sure you get one from your broker if available.

4. Know the cost of Workers Compensation
Learn what is paid for WC each year, and if the premium is paid monthly, quarterly, or annually. Familiarize yourself with policy dates and which way the premium has been trending in recent years. Declining premiums are a good sign the safety manager is doing his/her job well, while increasing premiums indicates a need to team with the Safety Manager to reduce the number of claims and the severity of the claims that do occur. Know how to translate this into total dollars spent on WC and use a calculator to gain management support.

5. Review and Learn Claim Files
If asked, most third party administrators or insurance companies will arrange online access to the claim file notes where the adjuster records the activities and events of the claim. While the file notes are helpful, they do not tell the whole story. You must go to the claims office and read everything in the claim files. The claims office will probably try to talk you into doing an on-line review, but an in-person review with the adjuster(s) regarding the claims will provide you the most information. There are also claim consultants who do claim file audits, if that's preferable.

For more information or questions regarding your companies risk exposure, please contact Eric Sheetz, Property and Casualty Insurance Broker for The Michael Ehrenfeld Co. at ESheetz@ehrenfeldinsurance.com, (760) 809-8510.



An Introduction to Google Analytics and AdWords
By Michael Sick

The expansion and development of the internet has created enormous opportunities for brands and marketers to gain insight and feedback from their websites. Google has experienced exceptional growth by creating a search advertising market and providing free tools to help brands improve the relevancy of their websites and to increase qualified traffic. The Google Analytics tool offers hundreds of reports to help website owners understand how visitors are using their site, what content they are viewing, and for how long, what keywords were used to find the site, what press release/mention linked back to the website and how many visitors came as a result of that mention and many other insightful pieces of information. Google Analytics is almost the equivalent of doing a focus group or research study of actual visitors.

This article will serve to provide an overview of some of the capabilities for B2B and B2C users. Due to its length, it will be presented in two parts with the second part coming in next month's newsletter. The following table depicts the navigation for Google Analytics, illustrating some of the reports available from the Visitor and Traffic Sources options. Similar detail is available on Content, Goals E-Commerce.

Visitor Information and Traffic Sources: Google analytics provides a wealth of data about traffic to a website. Where that traffic comes from and what those sources of traffic are can offer powerful strategic insight into allocating resources and evaluating sales and marketing efforts that result in website visits. The following is an example of state by state activity.


The ability to drill down in the data is fairly detailed with the visits within a single state looking like this.


Further detailed tables provide added insight into visitor usage within the state. Page views and time on site are good barometers of varying levels of interest and engagement.


Sources of Traffic: In this case, the number two source of traffic is CPC (Cost Per Click), which is paid Google AdWords traffic, and the number four source is Facebook, which combined increased overall traffic by about 25%.



Service Providers: This report is an excellent source of “warm leads” for B2B companies. After an ad, press mention, email newsletter blast, direct mail program, trade show, etc., browsing who may be checking out your website can be an excellent way of providing some priorities for your business development or sales team.

In this example, the first two data points may not be too informative as they are from pools of internet service providers. Valassis Communications and Aperio Technologies are companies known by the website owner and both visits were for substantially more than the average page views and time on site.

This data is available on any selected date range and can be useful for gauging prospect interest after a mailing, newsletter, press release, trade show or even a phone contact that resulted in multiple extended visits to a website.

Next month's continuation of this article will drill down to discuss how content and keywords can improve your traffic and conversions. For companies that can sell directly online, Google Analytics Ecommerce capabilities will also be introduced.

Michael Sick is a nationally recognized, innovative Management Consultant specializing in strategic marketing, advertising and business development. He spent 25 years in corporate marketing and was a Marketing Vice President for Jack In The Box, Pearle Vision, Arby's and others. Currently he serves as a part-time Chief Marketing Officer (CMO) for a number of clients around the US. Contact Michael Sick at (858) 342-0998, Michael@GetTheSickness.com or visit his website: www.GetTheSickness.com.


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