THE AFFORDABLE CARE ACT THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY Paycom Tips for a Healthy Compliance Strategy 1 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY INTRODUCTION For the past few years, franchise Paycom provides franchises with the organizations and franchisees alike technology to simplify their human have invested a substantial amount capital management processes with tools of resources into understanding the that ease ACA compliance burdens, Affordable Care Act (ACA) and its effects mitigate risks and exposure to penalties, on their business. Under the federal and more effectively manage labor legislation, business owners face a variety costs. HR technology is key to a healthy of new compliance issues impacting compliance strategy, and with one health benefits, administrative processes, database of record for such processes reporting responsibilities and employee as benefits administration, time and labor management, document and task management and HR TECHNOLOGY IS payroll, Paycom offers KEY TO A HEALTHY a unique advantage in communicating with COMPLIANCE STRATEGY employees and meeting the tracking and reporting requirements critical to complying staffing. Many of the weightiest ACA with the ACA, including the submission regulations are already in effect, and the of Internal Revenue Service (IRS) Forms question franchise owners should now be 1094- and 1095-B and C. asking themselves is, “How am I going to comply and stay compliant in the This guide is designed to provide a brief future?” overview of the ACA requirements currently facing franchisees and how This is the time to assess not only your Paycom’s technology can be used to health care programs, but also what your facilitate compliance. strategy will be for meeting the daunting tracking and reporting requirements of this health care reform legislation. 2 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY © 2015, Paycom. All rights reserved. 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Revised Jan. 30, 2015. 3 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY THE ACA HR TECHNOLOGY GUIDE FOR FRANCHISES Determining If You Are a Large Employer as Defined by the ACA ........................ 5 Shared Responsibility Requirements for Large Employers ..................................... 9 Forms 1094- and 1095-B and C ........................................................................ 13 Maximum Enrollment Waiting Period ................................................................ 15 Automatic Enrollment Requirements ................................................................. 16 Exchange Notifications ...................................................................................... 18 Summary of Benefits and Coverage .................................................................. 20 Reporting Total Coverage Costs on Form W-2 ................................................... 20 FSA Annual Limits ............................................................................................. 20 Dependent Care Coverage ................................................................................ 21 Additional Medicare Tax Withholding ................................................................ 21 4 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY PAYCOM AND ACA COMPLIANCE Determining If Your Are a Large Employer as Defined by the ACA Like all employers, one of the heaviest Determining the full- or part-time status burdens franchises face under the of employees sounds simple enough, ACA is accurately tracking the status but as you probably know very well by of employees. Beginning in 2015, your now, it actually can be very complex if preceding year’s full-time employee and you’re a medium- to large-sized business, full-time-equivalent employee count especially if you have a variable-hour determines whether or not you are a workforce, experience a lot of turnover or large employer. Under the ACA, large have multiple locations. employers may be subject to penalties regarding employer-sponsored health insurance. According to 80 percent of respondents said the ACA, large employers are the most difficult FMLA-related defined as those with more than 50 full-time employees or activity was tracking intermittent full-time-equivalent employees leave or leave that is taken in (during the preceding calendar year). separate blocks of time Full-time employees are those working 30 or more hours per week or 130 hours in a calendar month, When tracking employee hours, business and exclude seasonal employees who owners are required to include any hours work less than 120 days during the year. where employees are entitled to payment The hours worked by part-time employees in their calculations. This includes paid are included in the calculation of a large leave like vacation, holiday hours and sick employer on a monthly basis by taking time. But it also includes “special” unpaid their total number of monthly hours leave, including jury duty, military duty worked divided by 120. and other absences like those protected 5 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY under the Family and Medical Leave Act ACA rules also require standard (FMLA). measurement periods or look-back periods between three to 12 months for Unfortunately, employee leave has been employers to determine if new, variable- notoriously difficult to track for some hour employees are part-time or full-time. employers. In fact, in a study of HR Stability periods are subsequent to the professionals by the Society of Human standard measurement period and can be Resource Management (SHRM), 80 no shorter in duration. Stability periods percent of respondents said the most must also include at least six consecutive difficult FMLA-related activity was calendar months where the employee tracking intermittent leave or leave that would be treated as a full-time employee. is taken in separate blocks of time for The administrative period is the actual a single FMLA qualifying reason.1 This time of open enrollment and cannot includes leave for medical appointments, exceed 90 days. The initial period is for example, or prenatal examinations. for new employees not considered full- Part of keeping your business compliant time and tracks their time for three to 12 will be ensuring you can track special months to determine full- or part-time unpaid leave accurately and consistently. status. Having inaccurate data or multiple data sources creates risk. 6 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY Paycom’s Technology for Determining If You Are a Large Employer Paycom’s robust ACA Dashboard, Payroll, employees working fewer than 130 hours Time and Attendance and Report Center in a month. tools provide franchise owners complete visibility into hours worked to help verify With Paycom’s Report Center, you also can their employees’ full- or part-time status determine the best standard measurement and the best measurement period for period for your business by generating the business in determining if it is a large these reports across four different employer. The head count portion of the “ Reporting requirements are changing, and dashboard allows employers to to avoid unnecessary financial repercussions, see what percentage of their it is important that you review the payroll full-time employees is offered insurance. technology you are using. Reports need to measure full-time and part-time employees, With the dashboard, employers as well as a number of other data points, also can use the status tracker so businesses can accurately provide feature to monitor individual information to the IRS.” employees’ status, employees approaching full-time status and new hires going through their – Andria Herr and Joe Mowery initial measurement period. Franchising World2 In addition to the ACA Dashboard, Paycom allows you to report across a specified date range on date ranges. You can use this report to the employees who have worked greater determine the employees’ average amount or equal to a specified number of hours, of hours worked each month under the to get a list and total count of your full- different date scenarios, allowing you to time employees. You can use the “less identify the time period with the fewest full- than” filter to determine the part-time time-equivalent employees. 7 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY With Paycom’s Time and Attendance feature, you can set a threshold for hours worked during a week, e.g. 30, and report on employees approaching that threshold. You also can filter by a “difference less than” value such as eight to see only the employees who are within eight hours of the threshold. This report can be generated over a multiple-week date range and will show a week-by-week snapshot of the employees approaching the threshold. This information also is displayed in your ACA Dashboard. Paycom’s Time and Attendance tool provides a “Labor Analysis/Overtime Report” to determine the number of full- time employees by listing those whose time cards show a greater or less than specified number of hours worked. Paycom reports can be exported to Microsoft Excel, text, and CSV files. 8 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY SHARED RESPONSIBILITY REQUIREMENTS FOR LARGE EMPLOYERS Employers with 50 or more full-time employees (or full-time-equivalent Learn More: The Cadillac Tax employees as defined by the ACA) qualify as large employers and are required While it’s important to ensure coverage is to provide affordable and adequate affordable, employers also are waiting to learn insurance coverage to employees or more about the so-called “Cadillac tax” set to take face possible penalties. Franchises with effect in 2018. The Cadillac tax is an excise that will levy a 40 percent tax on providers offering benefits fewer than 100 full-time employees – but that are deemed too generous. The tax will be levied on health plans that exceed annual limits of $10,200 for an individual and $27,500 for a family. 50 percent of organizations The premise behind the tax is to bring down surveyed indicated that they overall health costs by making employers and their increased employee contributions personnel more cost-conscious. By having consumers to health care costs in 2014 take on more of the financial burden through higher deductibles and out-of-pocket expenses, proponents of the Cadillac tax believe consumers will avoid more than 50 – will not be subject to needless and costly procedures, thereby making care more affordable for the overall population. penalties until 2016. This change is part of the transitional relief, giving employers In 2013, the average employer-sponsored plan for who fall into this category more time to individuals cost $5,884 and the average family comply in full with the ACA employer plan cost $16,351. Experts estimate as much as 60 mandate. However, those employing 100 percent of employer plans will exceed the individual and family limit by 2018 if steps are not taken to or more full-time workers are already reduce plans prior to that time. Many organizations subject to the coverage rules. are taking action now to prevent sticker shock for employees in the future. In fact, the Society for Insurance is considered inadequate if Human Resource Management recently reported it pays less than 60 percent of covered that 50 percent of organizations surveyed indicated that they increased employee contributions to health care expenses and unaffordable health care costs in 2014, and 25 percent said they if employees have to pay more than 9.5 planned to increase employees’ share in 2015 to percent of their household income for minimize their cost increases. 3 single-person coverage. 9 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY Because employers may not have access If you do not offer insurance to your to information about their employees’ full-time employees and even one of total household income, the IRS has them elects to buy coverage on a federal provided a safe harbor rule, under or state exchange, you could pay a which employers will meet the insurance penalty of up to $2,000 a year per full- affordability obligation of the shared time employee (not counting the first 30 responsibility requirement, provided that employees). the cost of the employee’s insurance is less than 9.5 percent of the employee’s If you do offer health insurance to your Form W-2 Box 1 income, rate of pay or full-time employees, but the plan doesn’t the federal poverty level. cover 60 percent of covered health costs and/or any employee must pay more than 9.5 percent “ Administration work associated with of their household income for single coverage (based plan offerings is sometimes a stretch on any of the safe harbor for individual franchisees. Business provisions), you could be owners should realistically evaluate fined an annual penalty of administrative support to determine up to $3,000 per full-time whether the work required to offer a employee, or $2,000 per plan can be absorbed by existing staff. total number of full-time employees (not counting Sloppy administration may actually the first 30 employees), create an unforeseen liability for the whichever is less. Under organization.” either scenario, in order to go to an exchange, – Andria Herr and Joe Mowery the employee must make Franchising World4 between 100 and 400 percent of the federal poverty level, which currently stands at $11,770 for a single- person household.5 10 | PAYCOM THE FRANCHISE’S GUIDE TO ACA HR TECHNOLOGY
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