Friday, April 24, 2009

RAS President Tim Ryan weighs in on the Stimulus, the Employee Free Choice Act and Worker's Compensation

Alliance Chamber
On March 9, 2009 our very own Sheri Haynes, Regional Sales Representative, was elected Second Vice Chairman of the Alliance Chamber of Commerce. Congrats!

Bits and Piece
The Stimulus Act includes a tax credit for individuals to the lesser of 6.2% of an individuals earned income or $400.00. The revised tax withholding tables can be found at www.IRS.gov.

Also, employers can now increase the amount of qualified transportation benefits to its employees.

The Palmer forecast predicts that demand for temps will decline 21.2% in the first quarter of 2009. That would be good news for the industry which locally has been hit harder.

In addition to the "Free Choice Act" labor is pushing the "Respect Act" which would more narrowly define the definition of a supervisor. Supervisors are not employees under the National Labor Relations Act and therefore have no rights to form a union. If passed many "working supervisors" and others considered part of management will no longer qualify as a supervisor.

The BWC is exploring the elimination of the discount given to those participating in the Drug Free Workplace Program. About 6500 employers participate.

On April 3, 2009 a new I-9 form is required for use by all employers for new hires and those requiring re-verification. The new form is available here.


STOP EMPLOYEE "FORCED" CHOICE ACT!
Most that know me understand my views about unions and their impact on our local economy.

Aside from the basic right of self determination through the ballot box I see nothing good coming from the passage of the "Employee Free Choice Act".

Like the "Ohio Healthy Families Act" we must all be involved in defeating this job killing piece of legislation. Here is my latest vent that ran in The Vindicator on April 6, 2009. I'm sure to be picking up garbage in my yard this week!

ALL THE WAYS WE'RE BROKE

EDITOR:
Let's see, GM/UAW has lost $80 billion in the past three years. The predominantly unionized manufacturing base of the Mahoning Valley has all but disappeared in the past 30 years. Government at all levels is broke (AFSCME, SEIU, etc.) President Obama has chastised the poor state of our public Education System (NEA). The president of the YSU Classified Employees Union is on paid administrative leave (some call that vacation) for alleged misconduct. And the USW has apparently been AWOI, when it came to the AMWELD MIA hospitalization problem. Oh, let's not forget the return of the "rat" attack on Thompson Heating for trying to stay in business, and V & M putting the brakes on its expansion. So let's end the democratic principle of the secret ballot in favor of the good work done by unions these days ... makes perfect sense to me.
TIM RYAN
Newton Falls

More Paperwork
For those that are Worker Comp Self Insured or Participate in $15,000 medical only program life just got harder.

Starting October 1, 2009 you will be required to report all claims of Medicare Beneficiaries to the Center for Medicare and Medicaid Services (CMS). For more info click here.

Be aware also that the settlement of BWC claims for those eligible for Medicare benefits requires Self Insured to establish reserve funds for future medical payments. Stay tuned.

Thursday, April 23, 2009

Check Out Ryan Staffing on Twitter!

I'm sure you all have heard about Twitter, a social networking site where users post 140 word entries for followers.

The Twitter accounts of politicians, celebrities and athletes spark discussion on almost every news station.

Even Oprah is on Twitter. Personally, I think Shaq's Twitter is very entertaining.

But Ryan Staffing will be using Twitter to keep prospective temps aware of job opportunities. So if we get an order, we'll post it on our Twitter page to get the message out fast.

This means we'll be better able to fill work orders, making us more efficient.

Check out our Twitter today!

Follow Ryan Staffing on Twitter


In case you do not have a Twitter account, here's some information. If you learn visually, here's a video explaining Twitter:



We're going to post job information on our Twitter page. On occasion, we may have giveaways for people to come in and apply or apply online.

We will use Twitter because it's an easy way to send mass messages. And you can receive the messages faster and easier than with more traditional communication. Here's how to use Twitter on your cell phone, and here's 20 ways to use Twitter on your cell phone.


If you still have a question, send me an e-mail at newseditor@ryanstaffing.com.

Send me your dog photos!

I'm sure those subscribed to get the News You Can Use newsletter have noticed the weekly Dog-Gone Temps e-mails.

Well, I'm running low on dogs to put in the newsletter. I need your help. Send me pictures of your canine(s) to be featured in a future e-mail!

What I need is a .jpeg or .psd file that shows your dogs full figure. Send photos with your pup's name to newseditor@ryanstaffing.com. Maybe include a sentence or two on your dog's personality so I can incorporate it into the scene (not mandatory).

Thanks!
Corey

Tuesday, April 21, 2009

Be Careful Before You Stop Paying Sales Tax on Temps

A fair number of staffing suppliers desperate for you business are trying hard to promote "Sales Tax Exempt" temps to perspective clients. DON'T GET SUCKED IN! To do so opens yourself to hefty back tax liabilities, penalties and interest.

Background: Employment services became a transaction subject to Ohio Sales and Use Tax on January 1, 1993 (section 5739.01 (B) (3) (k) O.R.C.)

The Bellemar parts ruling by the Ohio Supreme Court made it clear that the "resale" or "manufacturing" exemptions are not valid as they apply to the use of staffing services.

The law includes five exclusions from the definition of the Employment Service.

The one exception that these questionable staffing suppliers massage to gain the business of rate conscience prospects says:

"Supplying personnel to a purchaser pursuant to a contract of at least one year between the service provider and the purchaser that specifies that each employee covered under the contract is assigned to the purchaser on a permanent basis".

This exception was added to the law effective July 1, 1993. Its purpose was to exempt from Sales Tax those utilizing the services of a "PEO to "Lease" employees performing work at their facility.

Stretching the "Leasing" exemption to fit the ordinary supplying of temporary help has specifically been shot down by the Ohio Department of Taxation and the Courts.

To be considered valid for the purpose of being exempt from Sales Tax the supplier/client agreement must include the following elements:
1. There must be a contract to supply personnel of at least one year in length.

2. Personnel must be assigned to the client on a permanent basis (i.e. personnel are provide for and indefinite period of time and are not provide as temporary replacements for other workers or to meet temporary changes in the customers business.)

Keep in mind also that the language of a contract can be superseded by reality. . . just because you say you're doing it doesn't mean you're really doing it. Also, while the use of "Employee Leasing" contracts can eliminate the Sales Tax, they shift many of the "employee-employer" legal burdens back to you and away from the staffing supplier.

The issue is definitely not an easy one. For more information and specific examples click on 2007 Information Release which will provide case studies of the Employment Service Sales Tax Issue.

Watchout When You Hire