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Workers Compensation Claims Management
Who do I call when an employee is injured?
You should contact the Workers Compensation Department at Employees Only immediately at (248) 276-0950.
Where do I send my injured employee?
You should send your injured employee to the nearest registered clinic or to the Emergency Room if the injury/illness is life-threatening. Maps and authorization forms can be found on our website for your convenience.
What forms do I need to complete and where do I send them?
The form 100 (which is required by law) has specific time requirements depending on the severity of the injury. The accident form and the supervisor checklist should be completed immediately following the injury. Once filled in, these forms must be faxed to Employees Only at (248) 276-0955, Attn: Workers Comp Dept.
The clinic needs authorization what do I do?
Contact Employees Only's office immediately and our Workers compensation team will authorize the services. Authorizations after normal business hours require a clente's Supervisor's signature and approval to authorize the initial visit only. Exteneded treatment requirements will be discussed along with options on the next business day.
How should I respond to an employee who refuses to proceed to the clinic?
To ensure that the client's worker's compensation exposure is kept at a minimum for any future claims to the injury, a physician's release clearing the employee of restricted duty must be presented to the client prior to the employee's return to work. If the employee has refused to seek treatment with the approved physician, Employee's Only should be contacted immediately to determine the necessary steps. Refusal of treatment by a potentially injured employee may jeopardize the employee's ability to collect worker's compensation benefits. Contact Employees Only for further instructions.
The employee is on restrictions; what do I do?
Employees Only promotes return to work when prescribed for injured employees. We ask clients to provide work for the employee within the prescribed restrictions, even if it's in another department. A written job offer will be sent by Employee's Only to the employee with specific job description, time/date to report to work and who to report to.
What do I do with the Physician reports that are given to me by my employee?
All reports should be faxed to Employees Only immediately at (248) 276-0955. If a copy is kept on-site, the document must be kept in a separate file and stored in a locked cabinet with limited access.
What should I do if my employee is receiving medical bills?
All medical bills should be forwarded confidentailly to Employees only immediately. Employees Only will manage the claims process and provide the medical provider with the proper billing address and forward any outstanding bills to the carrier for payment. If a copy of the bill is kept on-site, the document must be kept in a separate file and stored in a locked cabinet with limited access.
How do I receive certificates of insurance? (corporate location)
All certificate requests must be submitted in writing. You can fax your requests to Employees Only at (248) 276-0955. Please include the name, address, phone fax number, and address of the certificate holder. There is a minimum 24-hour turnaround time for all requests.
Unemployment Compensation
How can I file for unemployment?
Employees can file an unemployment claim by going to www.mi.gov/uia or call 1-866-500-0017
What should I do when an employee is terminated?
Employees Only recommends contacting your Client Service Representative prior to the termination. A phone consultation of all the related documentation supporting the termination will be evaluated and recommendations may be made that suits the issues involving the termination.
Will I get into trouble if I don't call Employees Only first?
Employees Only recommends calling your Client Service Representative prior to a termination to avoid possible negative exposure to state and federal laws. Evaluating all documentation and prior incidents concerning the employee may avoid an unfavorable determination in the future.
What do I do when an employee quits?
Request a written letter of resignation from the employee. Notify Employees Only by completing the "Status Change Form" and email / fax it along with the resignation letter, if available, to payroll at employeesonly dot net (248) 276-0955.
What if the Unemployment Agency calls my worksite?
If a call is received by an Unemployment Agency inquiring about the past history of a former employee, refer them to your Client Service Representative at Employees Only.
What if I receive forms from the Unemployment Agency?
If a form is received from the UIA, email / fax the form to the attention of your Client Service Representative at Employees Only. Employees Only will respond and ensure that the proper tax identification numbers are being applied for the employee in question.
Can a person collect unemployment if we offer them a position and they refuse it claiming it is too far even if they have transportation?
It depends on how far a difference there is between the location of the position being offered and the location of previous positions they have held. Transportation and distance are also considerations.
What if the phone number of an employee is disconnected and we cannot locate a new one through information?
A job offer should always be made in writing. Send a certified letter with return receipt requested that details the job and has a clear job offer. If a candidate fails to respond, they may be disqualified for refusal of work.
How can I report Unemployment Fraud?
Online reporting is available at the UIA website. Contact Employees Only immediately. Employees Only will evaluate the circumstances and provide the necessary information to report refusal of work or possible fraudulent claims.
I heard that if an employee is fired, they automatically are disqualified to receive unemployment benefits. Is this true?
NO. Only employees found by the UIA to be in violation of misconduct as defined by statute are denied benefits. It's important that an evaluation of all the pertinent information substantiating the separation occurs prior to the termination. Employees Only will rely on the documentation to challenge the unemployment claim. Favorable claims for the employer will have a positive reflection in the future at renewal time.
One time I received a subpoena to appear at an Unemployment Hearing. I do not understand this procedure and did not want to hire an attorney. What should I do if I receive notification of a hearing or notice to appear?
Call your Client Service Representative at Employees Only. Our experienced staff will address all issues regarding hearings and appearances at hearings. Sometimes, due to the nature of the termination, your presence may be requested, possibly to testify in front of an Administrative Law Judge regarding the employees work performance, attendance, or even character. If this should occur, Employees Only will walk you through the process step-by-step and may appear at the hearing as the Employer of Record.
Payroll
What do I do if I want to change my Federal and state exemptions?
Contact your client service representative or any member of our service team and they will fax you over the W-4 to change Federal exemptions and/or the MIW-4 to change state exemptions. Complete the forms and fax back to (248) 276-0955.
Can I change exemptions over the phone?
No. Employees Only is required to maintain a current copy of your W-4 and MIW-4 in your employee file. These changes MUST be made in writing.
How often can I change my exemptions?
You may change your exemptions as often as each payroll. You MUST complete a new form each and every time you wish to change exemptions.
Do I need to complete a local tax form?
You MUST complete a local tax form if you reside or work in a city that has a local tax. If you do not complete a local tax form, Employees Only will set-up your local tax with an exemption of zero. A couple of examples of Michigan cities that tax wages include: Detroit, Flint, Lansing and Port Huron. For a complete list of cities, please contact your Client Service representative at (248) 276-0950.
How do I know my request to change exemptions has been completed?
You may do one of three things: contact your Client Service representative and he/she will look up your file in the payroll system, look up your exemptions using DarwiNet, if you have access, or look on the top of your check stub, which indicates your current filing status.
How do I know if I am having too much or too little tax taken from my check?
Each employee's tax and family situation is different. If you are concerned you are having too much or too little tax taken from your check, you should contact your accountant or tax preparer to discuss your individual situation.
Can I access my payroll information online?
If you are a Darwin Net user, you can look up your information at your company's Darwin Net website. Please contact your supervisor for more information.
What if I lose my paycheck?
Please contact Employees Only at (248) 276-0950 and we will walk you through the necessary steps involved to reissue a new check.
What if I wash or destroy my paycheck?
As long as the check can be recognized with your name, check date and/or the check number, please send it to Employees Only at 3256 University Dr., Suite. 25, Auburn Hills, MI 48326. Once we receive it, we will reissue the check.
What do I do if I lose or don't receive my W2?
Contact Employees Only at (248) 276-0950 and we can see if the W2 was returned. In the event it was not returned, and you have access to DarwiNet, you can print off a new copy at any time. If we have to reprocess your W2, you will need to fill out a Request for Duplicate W2 Form and return it to Employees Only. There will be a $25.00 charge for your duplicate W2. Contact Employees Only to request this form.
The I-9 Form
Do I need to complete an I-9 for everyone who applies for a job with my company?
NO. You need to complete I-9's only for people you actually hire. For purposes of this law, a person is "hired" when he/she begins to work for you.
Can I fire an employee who fails to produce the required documents within 3 business days?
YES. You can terminate an employee who fails to produce the required document or documents, or a receipt for a document, within 3 business days of the date employment begins. HOWEVER, YOU MUST APPLY THESE PRACTICES UNIFORMLY TO ALL EMPLOYEES.
May I specify which documents I will accept for verification?
NO. The employee can choose which document(s) he or she wants to present from the lists of acceptable documents. You must accept any document (from List A) or combination of documents (one from List B and one from List C) listed on the I-9.
Some people are presenting me with Social Security Cards that have been laminated. May I accept such cards as evidence of employment eligibility?
You may not accept a laminated Social Security Card as evidence of employment eligibility if the card states on the back "not valid if laminated." Lamination of such cards renders them invalid. Metal or plastic reproductions of Social Security Cards are not acceptable.
May I accept a photocopy of a document presented by an employee?
NO. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.
Do I (the employer/client) have to sign the I-9 form?
YES. Whoever examines and verifies the correct documents MUST SIGN and fill in all of Section 2 (Employer Review and Verification) and attest (under penalty of perjury) that they have examined the documents and verified they are authentic. If this section is not properly filled in within 3 days, we can (by law) terminate the employee.
Child Labor Rules
Introduction:
Federal child labor rules are established by the Fair Labor Standards Act (FLSA). The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor rules affecting full-time and part-time workers. The rules vary depending upon the age of the young worker and his or her occupation. Please note that states have labor laws, some of which provide greater benefits or protections than the FLSA. In those situations where an employee is subject to both the FLSA and state labor laws, the employee is entitled to the greater benefits or more generous rights provided under the different parts of each law.
I would like to hire a couple of high school kids, but I was told I would need to get a permit. What should I do?
States vary on regulations of permits for hiring minors. Employees Only recommends calling the Employees Only office when researching the requirements of permits within your state.
I run a pizza parlor and need someone to deliver pizzas. I want to hire my nephew who just got his drivers license. Are there any regulations covering young workers working and driving on company business?
States vary on regulations of young workers working without supervision. FLSA requires that a minor be supervised 100% of their working schedule. Employees Only recommends calling your Client Service Representative and discussing the individual circumstance prior to hiring a minor. Depending on location, state laws may apply.
I am confused on how many hours I can schedule my 15-year-old waitress?
Young workers are entitled to work not more than:
- Youths 18 years and older may perform any job, whether hazardous or not, in accordance with minimum wage and overtime requirements.
- Youths 16 & 17 years old may perform outside school hours in various non-hazardous jobs for unlimited hours:
- Youths 13-15 years old may work outside school hours in various non-manufacturing, non-hazardous jobs up to:
- 3 hours on a school day
- 18 hours in a school week
- 8 hours on a non-school day (vacation)
- 40 hours on a non-school week (summer vacation)
- *Hours must be performed between the hours of 7:00 a.m. and 7:00 pm. Except from June 1, through September 1.
What do you mean by non-hazardous & non-manufacturing jobs?
The Secretary of Labor has determined 17 hazardous non-farm jobs that have been restricted to minors designed to protect them by restricting types of jobs and the number of hours they may work. Employees Only recommends contacting your Client Service Representative to receive specific details on the FLSA Child Labor Rules and Regulations.
What is the minimum wage requirement for employees under 18?
Effective July 1, 2007 Michigan Minimum Wage will be increasing from $6.95 per hour to $7.15 per hour. Employers who have employees who earn Tips and Gratuities may be paid a cash wage of $2.65 per hour if all of the following applies: the employee received gratuities or tips that equal or exceed the difference between $2.65 per hour and the minimum wage of $7.15 per hour. The gratuities must be proven, as indicated by the employee's declaration for FICA purposes and the employee was informed of these provisions. To better understand tipped employees, the Michigan law states that as long as the employee's wage of $2.65 and earned tips divided by the number of hours worked is equal to the minimum wage law, then all qualifications have been met.
Employers can pay employees who are less that 18 years of age 85% of the general minimum hourly wage which is equal to $6.08 per hour until their 18th birthday.
Please note that all employees who are currently not making the new minimum wage limit will be increased to match the current amounts effective July 1, 2007. If you wish to increase these amounts further or have employees who are under the age of 18 set to $6.08 per hour, you will need to notify Employees Only, Inc. prior to the first pay period end that includes July 1, 2007. Please contact Employees Only with any additional questions.
Hiring a New Employee
What if a new employee has questions on the application or benefits?
Have the employee contact their client service representative at Employees Only. Your client service representative can answer all of their questions.
What if an employee refuses to complete any or all of the application?
If an employee fails to complete any or all of the application, the payroll processing department may not have all the information needed to issue that employee a check. If the employee still refuses, please contact your client service representative for assistance. Employees Only applications are compliant with all Federal and State regulations. There should be no reason an employee would not fully complete the application.
What if a new hire works one day and then quits. Do I have to put him on payroll?
YES. You MUST put the employee on payroll. This ensures that the employee is covered for worker's compensation purposes, as well as ensuring all employer and employee taxes are taken and filed with appropriate agencies. If the employee is not put on payroll, there is potential liability for the client company if the employee were to file a W/C claim and Employees Only could not provide proof that W/C coverage was in place as an employee.
What if I want to drug screen or background check a potential new hire?
If you want to do any type of pre-employment screening, please contact Employees Only human resource department immediately. There are guidelines involving privacy and information content that MUST be adhered to in order to remain compliant with Federal and state guidelines. Employees Only will recommend an agency we have screened and approved to assist you with setting up these programs.
Healthcare Benefits
What are the eligibility requirements to enroll for coverage?
Eligible employees must meet at least one of the following criteria:
- Full-time employees who have completed their new hire waiting period
- Full-time employees who currently participate with the plan and would like to add dependents
- Full-time employees who have previously waived coverage (Eligible at Open Enrollment)
Who is eligible for coverage?
The employee, spouse and any eligible dependent child(ren).
Who qualifies as an eligible dependent child?
Your child(ren), step or half under age 19 who live in your home and you claim for tax purposes, and any dependent child(ren) up to age 25 who is currently enrolled as a full-time college student. Please refer to your Benefit Plan for more information.
I want to cancel my insurance – what do I do?
You will need to submit a written request to the Employees Only Benefit Department stating which coverage you wish to cancel, and what effective date. This request must be signed and dated. (Please note most carriers will only cancel on the 1st day of the month, and once the insurance is cancelled, you cannot re-enroll until open enrollment, or if you have a loss of coverage.) You can fax your request to (248) 276-0955.
Can I add a stepchild to my insurance?
Yes, as long as you provide a copy of your tax return showing you claim the child as a dependent, or you can provide a copy of the child's birth certificate and your marriage certificate. Attach this to your enrollment application and submit to Employees Only's Benefit Department. Please refer to your Benefit Plan for more information.
I lost my insurance card – what do I do?
You can contact the benefits department at (248) 276-0950 to let us know and we will order a new card for you. This can usually take one week, and up to one month depending on your healthcare carrier to receive. If you have a doctor's appointment, we can give you the contact information and group number for you to provide to your physician, or you can have the doctor's office contact us directly. Please refer to your Benefit Plan for more information.
When can I cancel my coverage?
You can cancel your healthcare coverage during open enrollment or after having the coverage for 12 consecutive months, unless there is a qualifying event.
What is a qualifying event?
A qualifying event includes marriage, divorce or legal separation; the birth or adoption of a child; a dependent's death; and any change to your spouse's employment status which results in loss of benefits coverage. You have 30 days from the date of a qualified status change to make a change to your coverage.
Dental
What are the eligibility requirements to enroll for coverage?
Eligible employees must meet at least one of the following criteria:
- Full-time employees who have completed their new hire waiting period
- Full-time employees who currently participate with the plan and would like to add dependents
- Full-time employees who have previously waived coverage (Eligible at Open Enrollment)
Who is eligible for coverage?
The employee, spouse and any eligible dependent child(ren).
Who qualifies as an eligible dependent child?
Your child(ren), step or half under age 19 who live in your home and you claim for tax purposes, and any dependent child(ren) up to age 25 who is currently enrolled as a full-time college student. Please refer to your Benefit Plan for more information.
Delta Dental
How often can I receive a cleaning?
Dental cleanings are covered under the plan twice a year (every 6 months) beginning January 1st through December 31st of the plan year. Please call Employees Only for more information.
Are fillings covered under the dental plan?
Yes. Fillings are covered under the dental plan, however, and the coverage varies by provider. For any dental expenses not covered under the plan, contact the Benefits Department at Employees Only at (248) 276-0950 For information on how to enroll in Flex Spending, which will allow you set aside a predetermined amount of pre-tax dollars to cover your dental and other health care expenses, please refer to your Benefits Plan.
Can I go to any dental care professional?
We strongly encourage members to use participating dentists. By receiving care from a participating dentist, you'll lower your out-of-pocket costs and get the most out of your dental benefits.
Will I receive a dental card?
You will not receive a card in the mail; however; for your convenience, Identification Cards can be issued by Employees Only. The subscriber's social security number will serve as the contract number for all dependents. Please provide this information to your dental provider at the time an appointment is made.
When should I ask my dentist to submit a predetermination?
It is recommended that any procedure with charges exceeding $200 is predetermined. By doing so, you and your dentist will have a better knowledge of the expected payment, whether any proposed treatment includes optional services and your financial obligation. If there is additional payment required for the services, contact the Benefits Department at Employees Only at (248) 276-0950. For information on how to enroll in Flex Spending, which will allow you set aside a predetermined amount of pre-tax dollars to cover your dental and other health care expenses, please refer to your Benefits Plan.
When can I cancel my dental coverage?
You can cancel your dental coverage during open enrollment or after having the coverage for 12 consecutive months, unless there is a qualifying event.
What is a qualifying event?
A qualifying event includes marriage, divorce or legal separation; the birth or adoption of a child; a dependent's death; and any change to your spouse's employment status that results in loss of benefits coverage. You have 30 days from the date of a qualified status change to make a change to your coverage.
*This FAQ is meant as an informational section only and does not change the plan design as outlined by Employees Only. For more specifics, please contact Employees Only at 248-276-0950.
VSP Vision
What are the eligibility requirements to enroll for coverage?
Eligible employees must meet at least one of the following criteria:
- Full-time employees who have completed their new hire waiting period
- Full-time employees who currently participate with the plan and would like to add dependents
- Full-time employees who have previously waived coverage (Eligible at Open Enrollment)
Who is eligible for coverage?
The employee, spouse and any eligible dependent children are eligible for vision coverage under the plan.
Who qualifies as an eligible dependent child?
Your children, step or half under age 19 who live in your home and you claim for tax purposes, and any dependent child(ren) up to age 25 who is currently enrolled as a full-time college student.
How often can I receive an eye exam?
Eye exams are covered under the plan once every 12 calendar months.
How often are frames and lenses covered under the plan?
Frames and lenses are covered once every 12 or 24 -calendar months depending on specific plan design.
Can I go to any vision care professional?
Yes. However, if you go to a non-participating provider, you will be responsible for paying any fees yourself and submitting a receipt for reimbursement.
When will I receive my vision card?
There is no vision card issued under the plan. Simply provide the participating provider your subscriber number, which is the employee's social security number (for the spouse and other eligible dependents, this will be the covered employee's social security number) and they will be able to access your vision benefit information.
Is laser surgery covered?
No. This option is not a covered benefit under the plan. If you elect this procedure, you will be responsible for 100% of the fees associated with it. Contact the Benefits Department at Employees Only (248) 276-0950 to learn more about enrolling in a Flexible Spending Account.
When can I cancel my coverage?
You can cancel your vision coverage during open enrollment or after having the coverage for 12 consecutive months, unless there is a qualifying event.
What is a qualifying event?
Qualified status changes include your marriage, divorce or legal separation; the birth or adoption of a child; a dependent's death; and any change to your spouse's employment status that results in loss of benefits coverage. You have 30 days from the date of a qualified status change to make a change to your coverage.
Flex Spending Accounts
What are Flexible Spending Accounts?
Flexible Spending Accounts allow employees to pay for out-of-pocket medical expenses and dependent care expenses. Because these expenses are paid with pre-tax dollars, employees are taxed on a lower gross salary, thereby saving money that would otherwise be spent on federal, state and FICA taxes.
What does pre-taxed mean?
Pre-tax is your pay before state, federal and social security taxes have been deducted. Because these expenses are paid with pre-tax dollars, you are taxed on a lower gross salary, and take home more money.
What types of medical expenses are covered?
Certain over-the-counter medications, uninsured medical, dental, and vision expenses, prescriptions, medical insurance deductibles, dependent care expenses, and office and prescription co-pays.
What type of dependent care expenses are covered?
The expenses must be work-related. The care must be necessary for the employee and the employee's spouse to work, to look for work, to attend school full-time or if the spouse or employee is physically unable to take care of their children. The care must be by a licensed facility; no reimbursement will take place for care obtained through the use of a family member.
What is the maximum amount I can set aside for medical expenses and dependent care expenses?
The maximum amount for medical expenses varies by employer. The maximum amount for dependent care expenses provided during a calendar year cannot exceed $5,000.00. In the case of a married individual filing a separate tax return, the limit is $2500.00 for dependent care expenses.
Who qualifies as a dependent for the purpose of a Flexible Spending Account?
- A dependent who is under the age of 13 when the care was provided and for whom exemption can be claimed.
- A spouse who is not physically or mentally able to take care of him or herself.
- A dependent who is not physically or mentally able to care for himself or herself for whom an exemption can be claimed.
Who is eligible to enroll in the Flexible Spending Account program?
- Full-time employees who have completed 30 days of employment.
- Full-time employees who currently participate with the plan and would like to increase or decrease the amount of pre-tax dollars contributed toward health care benefits.
Why should I enroll in a Flexible Spending Account?
You can increase your take-home pay; you choose the amount of pre-tax dollars to be withheld from your paycheck. A Flexible Spending Account allows you to have greater control of your finances.
How do I request reimbursements?
You may request reimbursement any time a qualified expense has been incurred. The service related to the expense needs only to have taken place; it need not be paid before requesting reimbursement. Please be advised that all claims for reimbursement must be substantiated with receipts before any claim will be paid. To request a claim to be paid, simply complete a Request for Reimbursement Form and submit it to Employees Only. There are many different ways that you can submit a claim, so please refer to your form to find the best option for you. Employees Only processes requests for reimbursements weekly. Once a request is reviewed and approved, a reimbursement is issued.
When can I apply for reimbursement?
Medical expenses reimbursed through a health FSA must be incurred during the participant's period of coverage under the FSA. Expenses are treated as having been incurred when the participant is provided with the medical care that gives rise to the medical expenses, not when the participant is formally billed or charged for, or pays for the medical care.
What happens if I do not have enough claims for the amount of pre-tax dollars I set aside?
It is important to be conservative in making elections because any unused funds are not refundable and will be returned to Employees Only. You are urged to take precautionary steps, such as tracking account balances via DarwinNet.
Can I make changes to the amount of money I initially elected once Open Enrollment is over?
Changes may only be made if there is a qualifying event.
What is a qualifying event?
A qualifying event includes marriage, divorce or legal separation; the birth or adoption of a child; a dependent's death; and any change to your spouse's employment status that results in loss of benefits coverage. You have 30 days from the date of a qualified status change to make a change to your coverage.
What is a plan year?
The plan year is from January 1st to December 31st. Currently, we have what is called a "run-out" period of 30 days after the plan year ends. A participant has 30 days after December 31st of the given year to submit claims for reimbursement for the previous year. For example: if you incur a charge on 12/31, you have until 1/30 to submit that claim for payment
*This FAQ is meant as an informational section only and does not change the plan design as outlined by Employees Only. For more specifics, please contact Employees Only.
401(k)
When are my employees eligible?
Employees are eligible to participate in the 401(k) program the 1st quarter following the waiting period you have designated for your employees.
What is a 401(k) Plan?
A 401(k) plan is a voluntary, pre-tax savings retirement program. Under current plan provisions, eligible employees can elect to have a specific deferral amount of their pay deposited into the 401(k) plan, up to a current maximum of $15,500.($20,500) per year. The income earned on the 401(k) account is not taxed until you withdraw it.
Why are 401(k) plans attractive to employees?
The most obvious advantage of participating in a 401(k) plan is that it will immediately reduce you income taxes. For example, if you have $1,000.00 deposited from your paycheck into your 401(k), your taxable income drops by $1,000.00. You will have $1,000.00 deposited into your investment account which will not be subjected to income tax until you take the funds out. Most individuals invest in a 401(k) plan while they are working and are in a high tax bracket, then withdraw the funds when they are retired and in a lower tax bracket.
How is my 401(k) money invested until I take it out?
The Employees Only 401(k) plan offers you a wide range of investment choices including mutual funds specializing in growth, aggressive growth, fixed income, money market and international stocks and bonds.
Can I take money from my 401(k) before I retire?
Yes, there are restrictions since 401(k) plans are designed to encourage long-term savings. Since any money you withdraw is subjected to income taxes and a possible 10% penalty if you are under 59 ½ years of age at the time of withdrawal, many individuals will take a hardship withdrawal from their 401(k) accounts to help them purchase new homes, make home improvements, pay for un-reimbursed medical expenses, pay for tuition and to pay for funeral expenses. If you exercise this option, you will not be able to defer for 6 months following the date you take the hardship withdrawal.
Who can my employees contact if they have specific questions on investments?
Employees Only has designated a licensed financial planner as an agent for our 401(k) plan.
Can I take a loan against my 401(k), and if so, how much?
You can take up to 50% of your vested balance with a minimum loan amount of $1000. You can have up to 10 years to repay a loan if used for a down payment for a purchase of a new home or 5 years for all other reasons. The loan is repaid by a payroll deduction and all the interest earned is paid back to you and deposited into your 401(k) plan. There is a loan-processing fee of $75.00. The loan will take approximately 5 – 10 business days, from the time the 401K Company receives the application to process. Once the application is approved, you will receive a check. You can contact Employees Only for an application and further information.
How do I, an as employer, know if my 401(k) plan is compliant or top heavy?
Employees Only submits all testing information to our Third Party Administrator on an annual basis. This is submitted in mid-January and all testing results are complete and forwarded to Employees Only within a month or two. The compliance testing is performed on each client individually. Once the results are determined, we will contact you to let you know if you passed or failed.
The Top Heavy rules are as such: the Highly Compensated Employees which are determined by all owners and family members of owners or any employee grossing over $80,000 per year, when their annual contributions exceed the annual contributions of all non-highly compensated employees, the plan is generally considered top heavy and could possibly fail the testing. There are other factors that are also tested to determine the final result. If your group does fail the compliance testing, any excess contributions that were made for that year could be returned to the designated employees.
Is there a way to guarantee Compliance?
Yes, you can adopt a Safe Harbor. A Safe Harbor allow employers to guarantee their compliance in the 401(k) plan by the following two ways: First option is you would be required to provide a match of 4% to all participating employees. It is broken out as 1% on the first 3% and ½% on the next 1%. The other option is a 3% contribution for all eligible employees even if they are not currently participating. All matching contributions for the employees in a Safe Harbor are immediately vested. Just providing the match will not guarantee your compliance. You must also adopt the Safe Harbor. There are only certain times when a safe harbor can be adopted to put into place. If you are interested, please contact Employees Only for more information.
Ancillary Benefits
Why offer an EAP?
Employee personal problems cost employers billions of dollars each year in:
- Absenteeism and tardiness
- Increases in worker's compensation claims
- Increased risk of incidents of workplace violence
Employee Assistance Programs can provide a confidential service of professional counseling and referral services designed to help employees with personal, job, or family problems. It is their purpose to help employees and their families identify, resolve and gain control of problems that may be interfering with daily life.
What are some components of EAP services?
Employees have access to EAP services 24 hours a day, 7 days a week, 365 days a year. A toll-free dedicated crisis line with telephonic and face-to-face short-term problem resolution is provided. The EAP also offers referral services, coordination with existing benefits, and case management follow-up. Benefits to the employer include training, seminars and critical incident emergency response.
What are the advantages of participation in supplemental insurance plans such as AFLAC?
Supplemental insurance plan consultations are provided by an AFLAC agent and arranged at a time that is convenient to the employee. Plan types range from disability and cancer or specific disease coverage to hospital intensive care and long-term care policies. Benefits are paid directly to the worksite employee to cover medical expenses, travel expenses or as an income supplement. Family and individual coverage is available and benefits are paid regardless of other medical coverage.
No worksite employee may spend more than one hour of pay per week in supplemental premiums, and worksite employees are shown the "hidden paycheck" (or cost of employing them).
As a member of Pre-Paid Legal services, what legal services are provided for free?
- Simple family will and free updates
- Unlimited phone consultations for all new legal matters
- Phone calls and letters written on a member's behalf
- Small claims court assistance and assistance in resolving issues with federal and state programs
What legal services are provided at a discounted rate?
- Traffic ticket defense
- Name changes
- Simple will with trust
- Chapter 7 bankruptcy
- Contingency fee discounts for cases such as personal injury, and more.
In addition, there are guaranteed hourly rates if a member requires extended legal representation.
Can a worksite employee use the Pre Paid legal service to sue their employer?
No. The membership provisions do not allow employees to utilize this plan to sue their employer. Employers should not be concerned on this issue when determining whether or not to offer this benefit.
Garnishments
What should I do if I receive a garnishment, tax levy, or bankruptcy order for a current employee?
If you receive any of the above orders in your company name, you MUST respond to the order. Any order MUST come in the name of the entity in which your company exists in order for the employee deductions to begin. Respond to the order by marking the box labeled "not employed." List the paying entity (example: ABC, Inc) as the current employer and list the address as 3256 University Drive, Suite 25, Auburn Hills, Michigan 48326. Mail the order back to the address listed at the top. You may keep the $6.00 response check. You should respond to the order 24-48 hours from the date you receive it. Contact your client service representative with Employees Only with any questions.
What should I do if I receive any of the above orders for a terminated employee?
If you receive any of the above orders for a terminated employee, you MUST respond to the order. Respond by marking the box "terminated." Mail the order to the address listed at the top. Failure to respond to the order could result in penalties and fines to your company, so you should respond to the order within 24-48 hours from the date you receive it.
Please note that not all garnishments, tax levies and bankruptcy orders are treated the same. If you have any questions, please contact your client service representative immediately as these orders are date sensitive.
What do I do if I receive a Friend of the Court/Support Order for a current employee?
If you receive a Friend of the Court order or a Support Order for a current employee, please fax a copy of the order to Employees Only, Inc. at (248) 276-0950. Friend of the Court and support orders DO NOT need to come in the entity name. If you have any questions, please contact your client service representative.
What do I do if I receive a Friend of the Court/Support Order for a terminated employee?
If you receive a Friend of the Court order or Support Order for a terminated employee, please draft a letter indicating that the employee is no longer employed at your facility. You may mail this letter to the court address listed on the order. If you do not respond to the court, you will continue to receive these orders and you may incur penalties for non-response. Please contact your client service representative with any questions.
Public School Academies
What is a public school academy (PSA)?
A PSA is a state-supported public school operating under a charter contract issued by a public authorizing body. PSAs are also commonly referred to as charter schools. Charter schools may include grades K-12 or any combination of those grades. They may not charge tuition and must serve anyone who applies to attend; that is, they may not screen out students based on race, religion, sex, or test scores. Students are selected randomly for admission if the number of students applying exceeds the school's enrollment capacity. Charter teachers must be certified and "highly qualified" as defined in the federal Elementary and Secondary Education Act (ESEA); charter school students are assessed annually as part of the Michigan Education Assessment Program (MEAP). Charter schools cannot be religiously affiliated.
How are charter schools funded?
All charter schools are funded through the State School Aid Act (1979 PA 94, as amended). A charter school receives funding through the per-pupil base foundation. By law, this amount may not exceed the per-pupil base foundation received by the local school district where the charter school is geographically located.
Does a charter school qualify for state and federal grant funds in the same manner as a local school district?
Yes, a charter school may access state and federal grants in the same manner as local school districts. Various factors apply to the eligibility of charter schools and school districts to apply for grants. The Michigan Department of Education (MDE) publishes a report entitled "Report of Grants Available," made available to charter schools and local school districts.
Does a charter school have to use certified teachers?
Certification requirements for charter school teachers are identical to those of local school district teachers. Special exceptions are made for a charter school that is operated by a state university or community college that may wish to use collegiate staff to teach charter school students (refer to Section 380.505). Charter schools that accept Title I funds also are required to adhere to the "Highly Qualified Teacher" provisions of the federal ESEA.
Are employees of an outside company who are providing instructional services to charter school students members of the Michigan Public School Employees’ Retirement System (MPSERS)?
Attorney General Opinion No. 6915 (1996) addressed two issues: whether charter schools are subject to section 380.1231 of the Revised School Code, requiring the board of a school district to "hire and contract with qualified teachers"; and whether employees of an outside company who are providing instructional services to charter school students are members of MPSERS. Although instruction in charter schools is to be provided by certificated teachers, pursuant to this opinion, charter schools may contract with outside companies for the provision of instructional services. Teachers who are providing instructional services to students of a charter school, who are employed by an outside company rather than by the charter school, are not members of MPSERS.
What does a service provider (i.e. Employees Only) do for a school?
Michigan law permits charter school boards to contract with service providers for various school staffing and support functions, which may include facility management, personnel management, payroll and accounting, curriculum development, and professional development services for staff and teachers. Roughly two-thirds of all charter schools have contracted with a service provider.
Each charter school/service provider agreement is unique. Some charter school boards contract for only one or two services, such as human resources or accounting, whereas others choose to contract for all day-to-day educational program support. The variation in service provider arrangements is broad and difficult to quantify. Some service providers work with only one charter school, while others contract with multiple charter schools in Michigan and across the country. Some act in only a limited capacity, while others offer complete "turn-key" operations. This widely varied approach to charter school contracting has allowed for the creation of a diverse service provider marketplace in Michigan.
Service providers are accountable to the non-profit charter school boards that hire them. The boards are responsible for setting policy, directing operational and academic performance, and ensuring fiscal stability. Regardless of the type or level of support for which it is contracted, each service provider/management company operates at the direction of the charter school board.
What is the chain of accountability to be used if a problem is identified at the academy?
The school should have in place a staff and student handbook that may address the issue. If not, the protocol for raising issues and concerns is to begin with the teacher, then the principal, the employer of record, then the board of directors over the academy. It is important to give the school and its leadership an opportunity to correct the problem first. If the problem or concern continues after discussing it at the school level, the next step is to contact the school’s authorizer.








