Employer Responsibility Under the Affordable Care Act

We wish to inform you of the penalties for employers who do not offer affordable health insurance under the Affordable Care Act. The new law does not require businesses to provide health benefits to their workers, but larger employers will face penalties starting in 2014 if they don’t make affordable coverage available. This simple flowchart illustrates how those employer responsibilities work. If you have any questions regarding this information, please contact our office at (239) 433-5554.

MNMW is pleased to share the spring 2012 In Addition newsletter.

Read it by clicking on the image below.

Markham Norton Mosteller Wright & Company is pleased to announce that it has successfully completed a rigorous peer review of the firm’s accounting practices. The review concluded the firm compliance with the stringent quality control standards set by the American Institute of Certified Public Accountants (AICPA), the national professional organization of CPA’s.                      

The AICPA established the peer review process to promote quality of service in public accounting firms. The process involves a periodic outside review, performed by another accounting firm, which insures that all public accounting firms adhere to the same level of quality service.              

Markham Norton Mosteller Wright & Company P.A. is a certified public accounting and consulting firm with offices in Fort Myers and Naples. They offer a wide range of services including business consulting, technology consulting, technology management and support, tax preparation and planning, litigation, mediation, forensic accounting and elder services. For more information, call 239-433-5554 or visit www.markham-norton.com.

Sandie Peterson, SPHR of Markham Norton Mosteller Wright & Company, P.A. has been appointed to the HR Florida State Council position of Historian for 2012.  This newly created position has responsibilities of maintaining a record of Council activities and accomplishments for the year, designing, developing and updating the HR Florida web page “scrapbook,” recording the total volunteer hours for Council core positions to raise awareness of volunteer value and working with the Immediate Past President in developing and submitting the annual Society for Human Resource Management Affiliate Program for Excellence (SHAPE) report.

Markham Norton Mosteller Wright & Company P.A. is a certified public accounting and consulting firm with offices in Fort Myers and Naples. They offer a wide range of services including business consulting, technology consulting, technology management and support, tax preparation and planning, litigation, mediation, forensic accounting and elder services. For more information, call 239-433-5554 or visit www.markham-norton.com.

Markham Norton Mosteller Wright & Company, P.A. will be hosting a free workshop on September 22^nd to connect business owners with five local banks and the U.S. Small Business Administration (SBA) to learn how to get needed funds to start or expand a business.

Attendees will learn about the types of loans available, the application process, collateral requirements and the criteria for sound loan consideration. Participating banks include Stonegate Bank, Ironstone Bank, Wells Fargo, Encore National Bank and Florida Shores Bank. The SBA will also discuss the specifics of their available loan programs.

 The workshop will be held at 5:30 p.m. at the Hilton Garden Inn in Fort Myers at 12600 University Drive. RSVP to csarlo@markham-norton.com.

Markham Norton Mosteller Wright & Company P.A. is a certified public accounting and consulting firm with offices in Fort Myers and Naples.  They offer a wide range of services including business consulting, technology consulting, technology management and support, tax preparation and planning, litigation, mediation, forensic accounting and elder services. For more information about the firm, call 239-433-5554 or visit www.markham-norton.com.

Finally . . .  Courts rule in favor of Employers

As you are no doubt aware, many employees do not hesitate to sue their employers for Fair Labor Standards Act (FLSA) violations.  There are a number of law firms that thrive on these lawsuits, and advertise relentlessly for the business.  Florida actually has 70% of all the FLSA lawsuits in the United States!

However, there has been a recent victory for employers in the U.S. Court of Appeals for the 11^th Circuit.  They found that an employer who “tenders the entire amount of alleged overtime damages bars a claim for FLSA attorneys’ fees.”  (Dionne v. Floormasters Enterprises, Inc., F.3d.—,2011 WL 318977 (July 28, 2011) (11^th Circ. 2011). 

What does this mean?  If you have had an FLSA violation where you failed to pay appropriate overtime to an employee and you deny liability and make the corrected payment for the entire amount of the FLSA wages claimed by a plaintiff, the lawsuit may be dismissed and you could avoid liability for payment of the plaintiff’s attorneys’ fees.  The hope is that this may deter attorneys from actively seeking out these cases.  At the least, this will reduce the cost if you are sued.

Listed below are some steps you should take to protect your business from FLSA lawsuits:

1. Make certain that you have correctly classified your employees (Exempt and Non-Exempt).
2. Keep accurate records of everyone’s time.
3. Pay non-exempt workers overtime (1 ½ times their regular rate of pay) for hours worked in excess of 40 hours in any work week (a fixed, recurring period of 168 consecutive hours – 7 days x 24 hours).
4. Monitor working time carefully.  (i.e., arriving early, staying late, meal breaks, taking work home, checking e-mails during non-working hours, etc.

The FLSA impacts every business.  If you have questions about classifying employees, timekeeping or defining “work” please contact Sandie Peterson, SPHR at (239) 433-5554.