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A professional employer organisation (PEO) is an outsourcing firm that provides services to small and medium-sized businesses (SMBs). Typically, the PEO offering may include human resource consulting, safety and risk mitigation services, payroll processing, employer payroll tax filing, workers' compensation insurance, health benefits, employers' practice and liability insurance (EPLI), retirement vehicles (401(k)), regulatory compliance assistance, workforce management technology, and training and development. The PEO enters into a contractual co-employment agreement with its clientele. Through co-employment, the PEO becomes the Employer of Record (EoR) for tax purposes through filing payroll taxes under its own tax identification numbers. As the legal employer, the PEO is responsible for withholding proper taxes, paying unemployment insurance taxes and providing workers’ compensation coverage.
As of 2017, industry gross revenues in the United States were estimated to be over US$174 billion annually. [1] In 2017, there were 907 PEOs operating in the United States alone, servicing 3.7 million worksite employees (WSEs), which were spread over approximately 175,000 PEO clients. [2]
In co-employment, the PEO becomes the employer of record for tax purposes, filing paperwork under its own tax identification numbers. The client company continues to direct the employees' day-to-day activities. PEOs charge a service fee for taking over the human resources and payroll functions of the client company: typically, this is from 3 to 15% of total gross payroll. [3] This fee is in addition to the normal employee overhead costs, such as the employer's share of FICA, Medicare, and unemployment insurance withholding. This service fee is most commonly referred to as an "administration fee."
One service provided by a PEO is to secure workers' compensation insurance coverage at a lower cost than client companies can obtain on an individual basis. Essentially, a PEO obtains workers' compensation coverage for its clients by negotiating insurance coverage that covers not just the PEO, but also the client companies. This is allowed because, legally, the PEO is the employer of the workers at the client companies. PEOs can also offer basic levels of background & drug screening.
A professional employer organization (PEO) is not a staffing agency or human resources outsourcing company. A PEO works on behalf of small and mid-sized businesses (SMBs) to manage HR management, employee benefits, compliance, payroll, retirement planning, and more. [4] [5] The client company may also be able to offer a better overall package of benefits, and thus attract more skilled employees. The PEO model is therefore attractive to small and mid-sized businesses and associations, and PEO marketing is typically directed toward this segment. [3]
Several variations on the PEO model exist, differing in the nature of the relationship formed between PEO and client company.
PEOs can benefit companies differently. For example, a blue collar organization may see more value in workers' compensation insurance and vice versa.
Employee leasing in the United States began in the late 1960s by three businessmen, Eugene Boffa, Louis Calmare, and Joseph Martinez. The concept was popularized by Marvin R. Selter, who leased the employees of a doctor's office in Southern California. [10] 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.
By 1985, there were approximately 275 staff leasing companies in the United States. [11]
State Unemployment Tax (SUTA) arbitrage, commonly referred to as "SUTA dumping," occurs when an employer with a high unemployment insurance rate transfers or "dumps" employees to purchased subsidiaries with lower unemployment insurance rates. In a PEO relationship, the client company takes the Professional Employer Organization's SUTA rate by law, which often lowers their SUTA through SUTA Arbitrage. The only time this wouldn't apply is in client reporting states. [12]
Owners of professional employer organizations are in a position to commit fraud by keeping the funds deducted from employee paychecks instead of paying the insurance and government entities for whom the deductions were made. In a case in San Antonio, Texas [13] four executives were convicted of siphoning $133 million from the three PEOs they owned and operated.
In 2014, the United States Congress enacted sections 3511 and 7705 of the Internal Revenue Code, provisions that include special definitions and rules related to the Federal tax treatment of a "certified professional employer organization." [14]
Each state in the U.S. has differing regulations for workers' compensation insurance and state unemployment insurance, so PEOs are typically regulated at the state level. [15]
In 2004, President George W. Bush signed into law the SUTA Dumping Prevention Act of 2004, which requires that all 50 states enact anti-SUTA-dumping legislation by 2007. [16] Most states have now done so; [17] however, federal law does not prohibit companies from using a PEO to obtain more favorable SUTA rates. [18]
The staff leasing industry itself has also taken steps to address abuses. It formed its first trade association, the National Staff Leasing Association, in 1985. The association changed its name to the National Association of Professional Employer Organizations in 1994 to reflect the term in current usage.
As part of the industry's self-regulation efforts, an independent accreditation body, the Employer Services Assurance Corporation (ESAC), was formed in 1995. ESAC verifies accredited PEOs' compliance with important ethical, financial, and operational standards and provides financial assurance of the performance of key employer obligations by these PEOs. This financial assurance is backed by over $15 million in surety bonds and assures PEO clients, employees, insurers and government authorities that accredited PEOs are meeting their contractual and fiduciary responsibilities. [19]
PEOs may also undergo a certification process conducted by the independent Certification Institute (CI) formed in 2002. This certification verifies that a PEO's workers' compensation (WC) program is meeting proven insurance industry risk management best practices to reduce work-related accidents and health exposures and control WC insurance losses. [20]
In 1985 there were approximately 275 staff leasing companies in operation. In 2012, according to National Association of Professional Employer Organizations (NAPEO), there are now approximately 700 PEOs operating in all 50 states. They were responsible for approximately $81 billion in gross revenue in 2010. [21]
A recent change in 2013 regarding the way companies Experience Modifier is calculated has caused companies with previously good modifiers to get better, while companies whose modifiers had struggled previously have gotten worse. The Experience Rating Plan, as the National Council on Compensation Insurance (NCCI) refers to it, will be undergoing a change that NCCI believes will more accurately reflect individual employers’ claims experience. NCCI, the National Council on Compensation Insurance, sees this as a "Mod Neutral" action since the median average does not change. While some companies get better, some get worse. Overall, however, the "center" stays in essentially the same spot. While this will assist the good companies to improve their position, this will cause the companies in dire straits to get worse. Many of these companies may be forced out of the "standard" market and into secondary markets such as PEO's and other "options of last resort" such as state pools. This may lead to a further increase in the number of PEOs, or it may lead to an increase in state pools, or possibly both. [22]
NCCI views this action as having two primary benefits. The first is that it "tailors the cost prediction and final net premium cost to the individual insured" making the calculation more accurate. The second benefit is that "it provides added incentives for loss reduction." [22]
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts.
Payroll taxes are taxes imposed on employers or employees. They are usually calculated as a percentage of the salaries that employers pay their employees. By law, some payroll taxes are the responsibility of the employee and others fall on the employer, but almost all economists agree that the true economic incidence of a payroll tax is unaffected by this distinction, and falls largely or entirely on workers in the form of lower wages. Because payroll taxes fall exclusively on wages and not on returns to financial or physical investments, payroll taxes may contribute to underinvestment in human capital, such as higher education.
A payroll is a list of employees of a company who are entitled to receive compensation as well as other work benefits, as well as the amounts that each should obtain. Along with the amounts that each employee should receive for time worked or tasks performed, payroll can also refer to a company's records of payments that were previously made to employees, including salaries and wages, bonuses, and withheld taxes, or the company's department that deals with compensation. A company may handle all aspects of the payroll process in-house or can outsource aspects to a payroll processing company.
The Federal Insurance Contributions Act is a United States federal payroll tax payable by both employees and employers to fund Social Security and Medicare—federal programs that provide benefits for retirees, people with disabilities, and children of deceased workers.
An independent contractor is a person, business, or corporation that provides goods or services under a written contract or a verbal agreement. Unlike employees, independent contractors do not work regularly for an employer but work as required, when they may be subject to law of agency. Independent contractors are usually paid on a freelance basis. Contractors often work through a limited company or franchise, which they themselves own, or may work through an umbrella company.
SUTA dumping is a name commonly used to describe a practice used by some companies doing business in the United States to circumvent paying unemployment insurance taxes, as mandated by the Unemployment Tax Act of 1939. The acronym SUTA is for "State Unemployment Tax."
The U.S. Railroad Retirement Board (RRB) is an independent agency in the executive branch of the United States government created in 1935 to administer a social insurance program providing retirement benefits to the country's railroad workers.
Permatemp is a United States term for a temporary employee who works for an extended period for a single staffing client. The word is a portmanteau of the words permanent and temporary.
IR35 is the United Kingdom's anti-avoidance tax legislation, the intermediaries legislation contained in Chapter 8 of Income Tax Act 2003. The legislation is designed to tax 'disguised' employment at a rate similar to employment. In this context, "disguised employees" means workers who receive payments from a client via an intermediary, i.e. their own limited company, and whose relationship with their client is such that had they been paid directly they would be employees of the client.
In the insurance industry in the United States, an experience modifier or experience modification is an adjustment of an employer's premium for worker's compensation coverage based on the losses the insurer has experienced from that employer. An experience modifier of 1 would be applied for an employer that had demonstrated the actuarially expected performance. Poorer loss experience leads to a modifier greater than 1, and better experience to a modifier less than 1. The loss experience used in determining the modifier typically comprises three years but excluding the immediate past year. For instance, if a policy expired on January 1, 2018, the period reflected by the experience modifier would run from January 1, 2014 to January 1, 2017.
An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly funded employment agency.
Misclassification of employees as independent contractors is the way in which the United States and other countries classify the problem of false self-employment. In the U.S., it can occur with respect to tax treatment or the Fair Labor Standards Act.
The National Council on Compensation Insurance (NCCI) is a U.S. insurance rating and data collection bureau specializing in workers' compensation. Operating with a not-for-profit philosophy and owned by its member insurers, NCCI annually collects data covering more than four million workers compensation claims and two million policies. The bureau uses this information to provide:
An umbrella company is a company that employs agency contractors who work on temporary contract assignments, usually through a recruitment agency in the United Kingdom. Recruitment agencies prefer to issue contracts to a limited company to reduce their own liability. It issues invoices to the recruitment agency and, when payment of the invoice is made, will typically pay the contractor through PAYE with the added benefit of offsetting some of the income through claiming expenses such as travel, meals, and accommodation.
The Virginia Workers' Compensation Commission (VWC) is an agency of the U.S. state of Virginia that oversees the resolution of workers' compensation claims brought in that state, in accordance with the Virginia Workers' Compensation Act. The Commission has exclusive jurisdiction to adjudicate such claims. Its decisions may be appealed to the Virginia Court of Appeals. The Commission is led by a Senior Leadership team consisting of three Commissioners, an Executive Director and a Chief Deputy Commissioner. The Commissioners are appointed by the Virginia General Assembly and serve staggered six-year terms. Honorable Robert A. Rapaport, Honorable Wesley G. Marshall and Honorable R. Ferrell Newman currently serve as Commissioners. The Commissioners elect a Chairman for a term of three years. Commissioner Rapaport currently serves as Chairman. Ms. Evelyn McGill is the Commission’s Executive Director and Honorable James J. Szablewicz is the Commission’s Chief Deputy Commissioner. The Commission is headquartered in Richmond, Virginia, and has offices and hearing locations at various places around the state.
An administrative services organization (ASO) is an organization that provides outsourced solutions to meet the administrative and HR needs of the client, with the client retaining all employment-related risks and liabilities. The term ASO was established by the PEO industry in the late 1990s in order to distinguish between selective administrative support and full-scale PEO services. The principal difference between the two types of service is that, in an ASO arrangement, the employer remains the employer of record for tax purposes. Ultimately, with this structure, tax and insurance filings are done through the administrative firm, but under the client company's employer identification number. All W-2 and workers' compensation policies remain the responsibility of the employer and not the administrative firm.
In the United States, the combination of payroll taxes withheld from a household employee and the employment taxes paid by their employer are commonly referred to as the nanny tax. Under US law, any family or individual that pays a household employee more than a certain dollar amount per year must withhold and pay Social Security and Medicare taxes, also known as FICA. The law mandates that all domestic workers, such as cooks, nannies, housekeepers and gardeners, are subject to the nanny tax. Federal unemployment insurance taxes must also be paid if the household pays any number of employees a total of $1,000 or more in a calendar quarter. State unemployment insurance taxes have the same requirement with the exceptions of California ($750), New York ($500), and Washington, D.C. ($500), which have lower thresholds.
Unemployment insurance in the United States, colloquially referred to as unemployment benefits, refers to social insurance programs which replace a portion of wages for individuals during unemployment. The first unemployment insurance program in the U.S. was created in Wisconsin in 1932, and the federal Social Security Act of 1935 created programs nationwide that are administered by state governments. The constitutionality of the program was upheld by the Supreme Court in 1937.
An Alternate Employer Organization (AEO) is a human resource services firm targeting small and medium-sized business. AEO offerings include payroll processing, payroll tax filing, workers’ compensation insurance, health benefits, employers’ practice and liability insurance, and workforce management technology, training and development.
Employer of Record (EOR) is a third-party organization that formally acts as the employer of a workforce on behalf of another company. The EOR assumes responsibility for legal and administrative employment tasks, such as payroll, taxes, benefits, and compliance with local labor laws. While the EOR handles these formalities, the client company oversees the daily activities and work of the employees. This arrangement is often used by companies wishing to employ workers in regions where they do not have a registered legal entity.