July 2023 Edition

RKL’s Workforce Strategies team is here to help you navigate the complexities of today's HR environment with the updates, reminders and insights you need to maximize your most important asset — your people. We value your feedback, so let us know what you think of this newsletter!

Board Modifies Independent Contractor Standard Under National Labor Relations Act

The National Labor Relations Board recently modified the Independent Contractor Standard under the National Labor Relations Act. This change now makes it more difficult for an employer to classify an individual as an independent contractor. Under the new ruling, the below factors determine if an individual is an employee or an independent contractor:

• The extent of control by the employer;
• Whether or not the worker is engaged in a distinct operation or business;
• Whether the work is usually done under the direction of the employer or by a specialist without supervision;
• The skill required in the occupation;
• Whether the employer or worker supplies the instrumentalities, tools and place of work;
• The length of time for which the worker is employed;
• The method of payment;
• Whether the work is part of the regular business of the employer;
• The belief of the parties when forming the relationship;
• Whether the services provided are a part of the employer's business or independent of the business.

Q: How should you handle pay increases for employees on a Leave of Absence? 

A: If it is your policy to provide cost of living increases to all employees on a specific date, you should give the increase to those on an LOA on the same date. Pay increases based on length of service, performance or goal achievement (merit increases) may be delayed until the employee has returned from leave and achieved the policy requirements.

...the PCORI deadline for self-insured employees is July 31, 2023?

Any employer who sponsored a self-funded medical plan that ended in 2021 is required to report and pay the ACA Patient-Centered Outcomes Research Institute (PCORI) fees by July 31, 2023. The amount owed differs according to the employer's plan year. View this chart from the IRS to see applicable fee amounts.

...that having a certified safety committee could lower your worker's compensation rates?

Forming a workplace safety committee that meets your state requirements and getting it certified can reduce your workers' compensation premiums by five percent. Plus, safety committees help keep employees safe and without injury. 

Need help starting or certifying a safety committee? 

Deivid Jonassen

Client Service Senior Associate

Connect with Deivid on LinkedIn

What is your area of expertise or focus?

I have been in the payroll industry for more than 12 years. My area of expertise and focus has always been around the administration and management of employee compensation. I specialize in various aspects of payroll processing, customer support, payroll compliance, payroll auditing and resolving discrepancies, new hires, employee maintenance, implementations of new payroll systems and maintenance in the various payroll applications. There is never a dull moment in payroll because situations vary and finding solutions with great customer service is always  satisfying.

What do you enjoy most about your job?

I was beyond excited to join RKL Virtual because of the growth and opportunities. It has made me focused on striving to continue growing and succeeding. I love how RKL Virtual encourages the team to have the flexibility to think outside the box. I enjoy working, brainstorming and growing with the leaders guiding our path. I have always been keen on attention to detail and problem-solving. I have mentioned to our team that this is by far this is one of the best teams I have ever worked with. RKL Virtual has fostered a culture of great teamwork surrounded by dedicated professionals. I love having access to specific tools to utilize to make sure that processes are streamlined and efficient to give the best support to our clients.

What are you watching/reading/listening to right now?

I am a busy dad with three boys and one girl, and enjoy watching them grow. When I am not busy with their extracurricular activities, I enjoy keeping myself up to date on the newest technology by watching videos on the capabilities of ChatGPT and practicing creating images on Midjourney using different prompts. Soccer has always been my passion to play, and my favorite teams to watch are Barcelona and Manchester City. Most of my colleagues wouldn’t know, but I am a proud Cheer Dad. My daughter competes and travels for various competitions. Lately, my favorite shows are Game of Thrones, Blacklist, Grey’s Anatomy, Vikings, Norsemen and The Last Kingdom.