Employee Retention Credit

Rancho Mesa's Account Executive of the Surety Department Andy Roberts is joined by Tina Jani, CPA and Partner at Covell, Jani & Pasch LLP, to discuss the Employee Retention Credit.

This podcast is designed to provide general information as to the subject matter covered. Neither the publisher nor the presenter by and through this presentation is rendering legal, accounting, or other professional services. If professional advice is required, you need to contact your tax advisor, the presenter, or the publisher for their services under a separate engagement contract.

TRANSCRIPT

Andy Roberts: Hello everyone and welcome back to StudioOne, our safety and risk management network. I’m Andy Roberts, Account Executive in the Surety Group with Rancho Mesa and joining me is Tina Jani, who is a CPA and Partner at Covell, Jani & Pasch LLP. Today we are going to be talking about the Employee Retention Credit, which is something many contractors remain unaware of.  Welcome to the show, Tina.

Tina Jani: Thank you very much for having me. I am very excited to be here!

Andy: As I mentioned the Employee Retention Credit is something a lot of contractors haven’t heard of, but what is the ERC?

Tina: The ERC is an economic recovery program created by the CARES Act – the same legislation that created the Paycheck Protection Program (PPP).

Andy: That’s interesting that it was brought about by the same legislation that provided for the PPP but what brought about the need for the ERC?

Tina: The US government introduced the program to help businesses with employees who got affected either by full/partial shutdown rules or if the gross revenue went down by certain percentage in 2020 and 2021.

Your business may qualify for a stimulus check of up to $26,000 per employee by claiming employee retention tax credits.

Andy: You mentioned percentage. Can you elaborate what are those percentages?

Tina: Yes, absolutely! The key percentages to keep in mind are:
a. For 2020 - 50%
b. And for 2021 - 20%

What that means is you take 2019 as a base year. Then you compare your Quarterly Gross revenue for the year 2020 and 2021 with the same quarter in 2019. If your quarterly gross receipt went down by 50% in any quarter in 2020 or 20% in 2021, you are eligible for the Employee Retention credit for that particular quarter.

Please keep in mind that these are just key points. The actual rules are much more detailed and generous.

Andy: This is all great information. So when did the program start and when did it end?

Tina: The program started on March 13, 2020 and it ended for regular business on September 30, 2021. There are special rules for new businesses started after February 15, 2020 or if you are  severely financially distressed employer  that makes you eligible for the ERC for the fourth quarter of 2021 as well.

Andy: Does that mean it’s too late to apply for the ERC?

Tina: No, absolutely not. You can go back and amend your payroll tax return which is form 941. The statue runs for three years from the date the original 941 was due. You can still apply for the ERC by filing form 941X. The first statue will for Q1 2020 will run out on April 30, 2023. Businesses still have from 6 months to one and a half year to go back and amend their payroll tax returns and apply for the ERC. However, we highly recommend that businesses pay attention to this credit as soon as possible.

Andy: Do you have to prove that your business was affected by COVID to be eligible for the ERC?

Tina: No, you don’t have to prove that your business was affected by COVID. As long as you show a drop in the gross revenue and that can be because of any reason, your business is eligible for the ERC.

Andy: Can you give me an example of a client that didn’t know about the ERC until you told them and how they benefited?

Tina: It is interesting that almost every business was familiar with the PPP loans but not very many businesses are familiar with the ERC. When we started working on the ERC, we contacted all our clients including our largest client and asked for their gross revenue analysis. We made them aware of the ERC and they were eligible for two quarters, total $2.8m. This is just one example. There are numerous businesses out there who are eligible for the ERC and has not applied yet.

Andy: That was all great information and this sounds like a credit that can have a big influence on a contractor’s financial statement, which as you know, in the world of Surety Bonds is very important because a contractors financials are the driving force behind what they can qualify for when it comes to a bond program. This was a somewhat basic overview of the ERC and how it works and I know it’s more complicated and requires the help of an expert like yourself, so how would you recommend a company owner start the process of determining if they qualify for the ERC?

Tina: ERC is a very generous program that a small business owner should not ignore. The process is very simple and straightforward, especially under gross revenue drop method. Basically, you start with comparing your gross revenue. They should contact their CPA or tax professional to start the discussion I am happy to answer any questions and can be reached at my email address pjani@cjp-cpas.com or my phone 760-737-0700.

Andy: That’s great to hear. Thank you so much for joining me Tina to discuss this very important topic.

Tina: Thank you for having me.

Retaining Non-Profit Employees in Vital Service Roles

Author, Jack Marrs, Associate Account Executive, Rancho Mesa Insurance Services, Inc.

Employees and volunteers are the heart of non-profits. Without them, non-profits would never have a chance to fulfill their missions. They are the organizations who communities rely on for support.

Dating back to Spring of 2020, employee retention in the non-profit has become a crisis. Individuals and communities relying on non-profits are suffering because of low employee retention. Non-profits provide a large variety of different services anywhere from food banks to domestic violence shelters. They also provide hope, which gives those in need a fighting chance. According to the National Council of Nonprofits, “staffing shortages in direct-care services mean that families and individuals cannot access life-saving support. When a non-profit closes its doors, the ripple effects cannot be ignored: communities lose access to food, shelter, mental health care, and other vital services.”

Non-profits are not able to provide proper care for the same number of clients that they once could, which is creating a longer waitlist to get access to care.

According to the National Council of Non-Profits survey, “26% of responding organizations reported having a waiting list that is more than a month long, with some organizations highlighting that clients have to wait years to receive services. While 21% of respondents acknowledged that they do not have a wait list, they clarified that it is because they are no longer accepting new clients or referrals and have turned people away at some point.”

Non-profit leaders who are experiencing high employee turnover must take action and consider implementing new tactics that can help retain key employees. To start, employees like to feel valued and appreciate being checked in on and complimented for their hard work. It is important that organizational leaders are engaging with these employees, asking them for their opinion, giving them options, and making them feel heard and supported. This can lead to building an organization that others will want to join because you have created a healthy work environment with employees who regularly share these positive examples with their friends and loved ones.

Also, employees want to be able to grow within non-profit organizations. According to Chelsea Guffy, a graduate of the Master of Nonprofit Leadership and Management program at Arizona State University, who is the Marketing and Events Manager at Homeward Bound in Phoenix, “employees who value their work want the opportunity to grow and gain more experience in their career. Start the professional development in the onboarding process. Find out the training and skills incoming staff wish to learn, and take an interest in their personal career goals.”

With respect to income, Guffy goes on to suggest “When looking at the budget, offering other types of compensation, such as bonuses for exceptional performance; perhaps an implemented paid vacation time could provide incentive for greater work performance and raise appreciation toward the organization.”

Something as small as paid time off can go a long way. It will provide your employee with more of a balanced work-life as well as decrease likelihood of burnout.

Another great way for non-profit employers to retain their employees is to hold exit interviews. Ask the employee a series of questions of what you could improve in order to provide a better experience for the next candidate. Continue to keep track of these statements and you’ll begin to see a pattern. From there, it's up to the non-profit leader to put in the action to resolve those complaints.

Additional tips for retaining employees can be found is Rancho Mesa’s RM365 HRAdvantage™ portal, along with our downloadable “Guide to Improving Retention” and online courses designed for human resources professionals that address engaging your workforce, developing successful teams and a healthy work/life balance. 

To discuss your risk management strategies or our HR portal, contact me at (619) 486-6569 or jmarrs@ranchomesa.com.    

Rise in Pure Premium Rates Impacts Tree Care Industry

Author, Rory Anderson, Account Executive, Rancho Mesa Insurance Services, Inc.

Pure premium rates are determined by the Workers’ Compensation Insurance Rating Bureau (WCIRB). The rates reflect the amount of losses that an insurance carrier can expect to pay out in claims for a particular class of business. Every year, the WCIRB submits pure premium rates to the California Department of Insurance for approval. These pure premium rates are comprised of loss and payroll data submitted to the WCIRB by all the insurance companies in California.

Each workers’ compensation insurance company has its own base rate for the 0106 Tree Pruning class code, for example. In order to establish the base rate, the insurance carrier takes the approved pure premium rate from the WCIRB and applies their factor that includes general overhead expenses, sales and marketing expenses, taxes and fees, and profit. So, if the pure premium rates are increasing, the insurance companies’ base rates are also increasing.

The 2022 pure premium rate in the tree care industry (class code 0106) has increased to $11.36 per $100 of payroll, which is roughly a 9% increase from last years $10.39. This means that the overall workers’ compensation claim activity in the tree care industry is up about 9%, and the WCIRB is recommending that the workers’ compensation insurance carriers increase their base rates to price for that increase in claim activity.

What can you do to prepare for this change and limit the impact to your tree care business?

• Lower your claim frequency and severity with a consistent, robust safety and training program, focusing in on root causes of the claims.

• Control your experience MOD with quarterly claim reviews and an aggressive return to work program.

• Maintain strong carrier partnerships and continuity with carriers that have excellent in-house claims handling.

• Benchmark your company with the rest of the tree care industry to see how you compare to your peers. As part of our proprietary TreeOne™ program, we have created a Key Performance Indicator (KPI) dashboard for the tree care industry that puts this information at your fingertips. To see how you compare with your peers, request the KPI Dashboard for your company.

For more information on rising pure premium rates, contact me at (619) 486-6437 or email me at randerson@ranchomesa.com.

Choosing the Best Surety Partner for Your Contractor Bonding Program

Author, Matt Gaynor, Director of Surety, Rancho Mesa Insurance Services, Inc.

The Rancho Mesa Bond Department is currently appointed with 25 surety carriers to support our contractor clients with all sizes of bond programs. It is key that the contractor is matched with the correct bond company to ensure timely approval for bonding. For both new and existing clients, we look at several factors to ensure you are partnering with the bond company that will provide the best single and aggregate bond program at the most competitive rate.

During our initial meeting, we will determine the program size required to make your company successful. We discuss the underwriting requirements of several surety markets to determine the best fit. Two questions that assist us in the process are:

1. What financial presentation do you have at your fiscal year end (i.e., audit, review, compilation, internal) and how often do you prepare internal financial statements?

2. What was your largest single project and what do you anticipate needing in the next two years? (Same question is asked for aggregate program.)

Then, we will discuss the bond markets that best fit your needs. Below is a general breakdown of five categories of bond placements:

1. Fortune 1000 and larger regional accounts – we work with seven large carriers with US Treasury approved limits in excess of $500,000,000. The bond company will typically require annual audited financial statement and quarterly internal statements.  

2. Accounts with a strong balance sheet, bank line of credit, audited or reviewed financial statements, and quarterly work in progress schedules – 11 middle market carriers can support these programs where an occasional bond will exceed $50,000,000.

3. Accounts with good balance sheets but also lean on the personal net worth of the owners. The largest segment of 15 carriers support these contractor accounts. 

4. Accounts were the personal net worth of the owners is stronger than the company assets and essential to support bonding. There are 5 players in this area.

5. Credit-based bond programs for contractors that only require an occasional bond under $750,000. These require the least amount of paperwork, but also the highest premium rate. Several national bond companies offer small bonding programs. 

If you would like more information on how your particular company matches up with a particular carrier, please contact me at 619-937-0165 or mgaynor@ranchomesa.com.

Duty to Defend vs. Reimbursement: A Short Comparison

Author, Sam Brown, Account Executive, Rancho Mesa Insurance Services, Inc.

You hoped this day would never come, but it’s time to notify your insurance agent of a liability insurance claim. You know you need to retain defense counsel, but who chooses the firm and pays the bills?

To answer this question, it’s important to understand the difference between “duty to defend” and “reimbursement” policy language. It is this language which determines who selects legal counsel.

Duty to Defend                                                                       

Duty to defend is a term used in insurance policies “to describe an insurer’s obligation to provide defense against claims made under a liability insurance policy,” according to the International Risk Management Institute.

Once the claim is made, the insurer selects and retains counsel for the insured, typically choosing from a panel of highly regarded law firms at negotiated rates. Appointing a law firm with whom there is a strong working relationship can slow the wearing down of policy limits and simplify the billing process between the law firm and insurance company.

Reimbursement

Conversely, a reimbursement policy form obligates a policyholder to provide and pay for its own defense, subject to the insurer’s written approval of the firm and rates. The insurer is then obligated to reimburse the policyholder for defense costs.

While selection of counsel can be preferred, a reimbursement form requires policyholders to take an active role in managing legal expenses. Policyholders should also exercise patience as the insurer conducts a detailed bill review and submits adjustments. Submitting monthly invoices to the insurer can help avoid friction.

If considering a reimbursement form, an honest assessment of your company’s balance sheet will help determine if paying the legal bills upfront and patiently awaiting reimbursement is worth the flexibility in choosing defense counsel.

If you have questions about your current insurance policies or are interested in discussing this subject further, please contact me at sbrown@ranchomesa.com or (619) 937-0175.

ELEVATE 2022: A Pre-Conference Discussion with NALP CEO Britt Wood

Rancho Mesa's Vice President of the Landscape Group Drew Garcia interviewed the National Association of Landscape Professionals (NALP) CEO Britt Wood about the upcoming ELEVATE 2022 conference event in Orlando, FL on September 18-21, 2022.

ELEVATE, previously known as LANDSCAPES, is thee event for the leading landscape and lawn care professionals. ELEVATE is designed for owners, and the individuals who will help drive their businesses forward. ELEVATE is venturing outside of its longtime Louisville, Kentucky home to Orlando, Florida, and will be heading to a new location each year.

With over 48 contractor lead sessions, ELEVATE is full of learning and the exchanging of ideas amongst industry leaders. It is NALP’s goal to have attendees become inspired, take what they have learned and apply their new knowledge to elevate their business.

A dedicated expo hall will feature industry suppliers who are showcasing the latest and greatest. There will also be time for fun with influential speakers, music entertainment, and The Wizarding World of Harry Potter™ rented out exclusively for ELEVATE attendees!

When:
September 18-21, 2022
Where:
Gaylord Palms Resort & Conference Center
Orlando, Florida
Register:
www.landscapeprofessionals.org/elevate

About NALP
The National Association of Landscape Professionals is the national trade association representing nearly 100,000 landscape industry professionals in the United States, with additional members in Canada and overseas. Member companies specialize in lawn care, landscape design and installation, landscape maintenance, tree care, irrigation and water management, and interior plantscaping. Members also include students, consultants, industry suppliers, state associations and affiliate members. For more information, visit www.landscapeprofessionals.org.

Staying Safe While the Weather Heats Up

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

As temperatures continue to rise across the country, it is important for landscape companies to take proper precautions while working in the heat of summer. Heat-related illnesses are very much preventable if the proper safety steps are in place.

First, companies must implement a heat illness prevention plan and comply with local, state and federal regulations to ensure employees remain safe while working in heat.

One of the most common symptoms of heat illness is dehydration. When employees are out working in hot conditions, it is imperative the crew leader or supervisor makes the crew take regular breaks to get properly hydrated. Even if employees say they are not thirsty, a supervisor needs to insist they have some water. By the time a person feels thirsty, they’re already dehydrated. Remembering to schedule breaks throughout the work day can have a positive impact on controlling heat-related illnesses.

Another way landscape companies are staying safe as the weather heats up is to make sure they are acclimatizing their employees. This is especially important for all new hires. The best way to acclimatize these employees is to gradually increase the amount of work they are doing over a 14-day period when temperatures start to heat up. By doing this, you are allowing employees’ bodies to get used to working in such hot conditions, and thus, lowering the chances of having any heat-related illnesses.

To beat the heat, landscape companies can implement alternative schedules that allow employees to start their work day earlier. If a crew normally gets out to a job site at 8 a.m., the alternative schedule would send the crew out an hour earlier, during the hot months. This allows more work to be done earlier in the morning when temperatures have not reached the daily high. This also allows crews to get done with work an hour earlier, thus getting employees off job sites when temperatures are at their highest.

These are just some examples of how landscape companies are doing their best to prevent heat-related illnesses.

Heat illness prevention is just one of the topics available in Rancho Mesa’s RM365 Advantage Safety Star™ Program . Clients are encouraged to complete the course and implement a Heat Illness Prevention Plan that complies with OSHA standards.

The Link Between Your EMR and Primary Threshold

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

One of the biggest concerns for contractors is their Experience Modification Rating (EMR). If your EMR exceeds 1.00 or 1.25, contractors can be removed from bid lists and premiums can escalate quickly. Most decision makers have little idea what factors contribute to the EMR and just how claims can impact them.

All construction companies are assigned class codes that best define their operations and those class codes have expected loss rates associated with them. The more losses that occur per $100 of payroll for that class code, the larger the expected loss rate will be. So, an electrician with a much lower expected loss rate than a roofing contractor will have each claim impact their EMR more. These are variables that can have a significant impact on your company’s EMR. The variable that fluctuates amongst each company is the amount of payroll they develop in each class code. The more payroll generated, the lower your best possible EMR can be.

Consequently, as a company’s best possible EMR decreases, the Primary Threshold increases. The Primary Threshold is a cap or threshold unique to each company. The higher the primary threshold, the less that any one claim can impact your EMR. For example, a painting contractor using the 5474 class code and averaging $200,000 a year in payroll will have a best possible EMR of 83 and primary threshold of only $8,500. Each claim has the potential of contributing 40 points to their EMR. While another painter that averages $10,000,000 in payroll will have a best possible EMR of 41 and primary threshold of $49,000. Thus, the maximum any one claim can impact the company with higher payroll is just 5 points.

This certainly is a drastic difference but it makes sense as the larger company has more employees which leads to more exposure and more expected losses. The component that most companies do not know well enough is that for each company in the examples above, the WCIRB penalizes the exact same for any claim that exceeds your primary threshold. So, for the smaller company, an $8,500 claim is worth 40 points to their EMR, a $1,000,000 claim is worth the exact same amount. And, the same for the larger company with a $49,000 claim worth 5 points but any claim dollars in excess of that will not impact the EMR.

Taking this information into account, we urge our clients to focus on mitigating claims before they happen as well as doing their best to reduce contributing factors such as temporary disability. Having your carrier pay for your employees missed time leads to your EMR increasing and your premiums inevitably being higher than you would like.

Understanding and implementing a return-to-work program is extremely beneficial to your company and leads to you saving money over time. Working with your broker to better understand how to properly handle claims and making sure you are doing everything possible to keep your EMR as low as possible is vital to your company’s profitability and is very much in your control.

Everyone wants a better EMR and lower premiums but the elite contractors are active in not only preventing claims from happening but understanding how important it is to keep their employees at the workplace, or at the very least, off the couch at home.

If you would like to learn more about your firm’s primary threshold or how it is impacting your company, please do not hesitate to reach out to me directly at ccraig@ranchomesa.com or call me at (619) 438-6900. 

California Insurance Commissioner Leaves Workers’ Comp Rates Flat

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

California Insurance Commissioner Ricardo Lara released a statement that he is rejecting the Workers’ Compensation Insurance Rating Bureau’s (WCIRB) recommended 7.6% increase in the workers’ compensation pure premium rates as well as the add-on to cover COVID-19 claim costs. The Commissioner also rejected a more modest 2.8% increase recommended by the Department of Insurance’s actuaries and the 1.4% decrease recommended by an independent actuary for the public members of the Bureau’s governing committee. 

Commissioner Lara’s decision was based on California’s still recovering economy. With businesses trying to recover to pre-pandemic levels and the uncertainty still of COVID-19 disruptions, the Commissioner decided to keep the benchmark rate of $1.45 per $100 of payroll. Keep in mind that the pure premium rate is only advisory as the Commissioner does not have rate setting authority over workers’ compensation rates. In fact, the rate level of $1.45 is actually 18% lower than the industry filed average pure premium rate of $1.77 as of January 1, 2022.  

“We’re working hard to get California back to business as usual as people return to work,” said Lara. “This year’s rate is on par with normal, pre-pandemic levels while still reflecting the long-term benefits of workers’ compensation reform passed by the State Legislature and signed by the Governor to reduce costs.”

With signs of a hardening market such as increased carrier combined ratios, increased cost on indemnity claims, medical inflation, and future costs of COVID-19 claims, it will be interesting to see how carriers will respond to this decision. Now, more than ever, it is critical to work with your broker and carrier to improve your risk management program so that your business is positioned well for the future.  

If you are interested in how this process works and how it can improve your bottom line, please reach out to me at (619) 937-0174 or jhoolihan@ranchomesa.com. In the meantime, Rancho Mesa will keep close tabs on what the future holds and communicate updates regularly.

Blockchain Technology May Further Digitalize the Surety Industry

Author, Andy Roberts, Account Executive, Rancho Mesa Insurance Services, Inc.

In my previous article and podcast, “Surety Industry Forced to Innovate,” I discussed a few technological advancements within the surety industry and how the ultimate goal would be issuing bonds to obligees digitally. While that is still some ways off, the technology is here and there are companies and organizations already exploring how blockchain technology may be the answer when it comes to fully digitalizing the surety industry.    

Simply put, a blockchain is a shared digital ledger that records transactions between parties and is permanent and verifiable. Applying this method to the surety industry, an electronic record (i.e., bond) would be created and shared with all parties to the bond, and any changes to that bond would be automatically added to the record so that every party who has access to it can see the history of the changes. This type of technology and the fact that it’s an immutable record, would alleviate the need for wet signatures, raised seals, and notary acknowledgements, which would increase the speed at which bonds can be issued, while also cutting some costs that are associated with issuing hard copy bonds. As mentioned, these systems are still being developed, but there are companies and surety organizations that are actively working to make this technology commonplace within the industry.   

The Institutes launched the Institutes RiskStream Collaborative, which has spearheaded the effort to introduce blockchain technology to the surety industry. 

“The power of attorney use case was the logical starting point and we’re excited to advance it forward. We are also excited that it will lead to many more downstream use cases, including Bond Signature and Verification,” said Patrick Schmid, vice president of the RiskStream Collaborative. 

Institutes RiskStream Collaborative started by piloting a program digitalizing the power of attorneys and this is now moving into its second phase. This initiative has garnered support from major surety associations like The International Credit Insurance & Surety Association, the Surety & Fidelity Association of America, the National Association of Surety Bond Producers. 

Rancho Mesa is committed to utilizing technology and strives to always be at the forefront when it comes to advancements and changes in order to help our clients stay ahead of the curve. And, while issuing bonds digitally using blockchain technology won’t be happening tomorrow, there are bond companies in Europe along with the Institutes Riskstream Collaborative that are testing the process. And, its participants view this as the future of issuing bonds, which makes it an important topic for us to address and monitor. 

For questions about technology in surety or your surety needs, contact me at aroberts@ranchomesa.com or call my direct line at (619) 937-0166.

Proposal to Include COVID-19 Claims in EMR Calculation is Denied

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

It appears the COVID-19 pandemic has finally entered an endemic stage and most companies have fully re-opened and/or are offering their employees some type of a hybrid work schedule. With this being the case, the California Workers’ Compensation Insurance Rating Bureau (WCIRB) proposed to amend the rule that excludes COVID-19 claims from the calculation of experience modifications for only claims with incident dates from December 1, 2019 through August 31, 2022. In addition, the WCIRB proposed that effective September 1, 2022, any new COVID-19 claims occurring after this date would be factored into the calculation of an employer’s experience modification rate.

The WCIRB’s rationale for this recommendation was that current circumstances have greatly changed since the rule to exclude COVID-19 claims from the experience rating were initially adopted in 2020. COVID-19 is no longer a temporary short-term phenomenon and the risk of infection will be present in the general population for the foreseeable future. 

With workplace safety standards in place, personal protective equipment and vaccinations available, employers who are diligent in protecting their employees would in turn have a lower experience modification than less safety-conscious employers in the same industry. 

Fortunately, in late June 2022, this change was not approved by Commissioner Lara, but employers should still actively try to prevent the spread of COVID-19 within the workplace by having a written COVID-19 prevention program in place and follow the requirements set by the state and local health department. 

While employers don’t have to worry that COVID-19 cases will affect their experience modification rate, they should still be concerned about the effects on their employees and bottom line. Having employees miss work because of COVID-19 puts extra strain on other employees and can effect productivity, and thus profitability.  

Rancho Mesa has updated its COVID-19 Prevention Program Template designed for California businesses. Request your COVID-19 Prevention Plan template online or contact me at sclayton@ranchomesa.com or (619)937-0167.

Dashboard Spotlight: Your Path to an Experience MOD Below 1.00

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.

Rancho Mesa’s Safety KPI Dashboard allows businesses the ability to clearly visualize their path to an Experience MOD (XMOD) below 1.00 through goal setting.

In order to set your business goal, you will need to use three available metrics from your custom dashboard. 

• Lowest Possible XMOD – This is the best case scenario if you had zero claims for the three-year XMOD period.

• Claim Cost Per 1 XMOD Point – This is the amount of incurred claim cost that impacts your XMOD by 1 point.

• Unit Stat Date – This is the moment when your information is sent to the rating bureau for next year’s XMOD to be calculated.

Using these three metrics together, you can effectively set your goal and manage your XMOD accordingly.

The XMOD is calculated using a running three-year window of the most recently completed workers’ compensation policies. Each policy period will contribute a set amount of weight on the XMOD calculation based on payroll and claims.

Take your lowest possible XMOD from the KPI dashboard and subtract that number from .99.

You will be left with the amount of XMOD points your company can absorb while still keeping your XMOD below 1.00.

Divide that number by three and you can evenly distribute the amount of XMOD points you can have each year to keep your XMOD below 1.00.

Take the annual XMOD points and multiple by your Claim Cost Per 1 XMOD Point.** This will give you the maximum claim cost available per policy period.

Example:
Lowest Possible XMOD: 47
Claim Cost Per 1 XMOD Point: $3,100
Unit Stat: September 30th
(.99) – (.47) = .52 (Number of XMOD points available to absorb and keep XMOD below 1.00)
(.52) / (3) = 17.3 (Max XMOD points per year)
(17.3) * (3,100) = $53,630 (Max claim cost available per policy period) **

**Must consider your primary threshold, which is also a number available on the KPI Dashboard.

Knowing these numbers, along with when your unit stat date comes up, allows you to strategically plan.

If all of this seems complicated or you just want to see what your company’s dashboard would look like, request a personalized KPI Dashboard and we can discuss how you can develop a path to an XMOD below 1.00.

WCIRB Approves 2022 Construction Dual Wage Threshold Increase

The Workers' Compensation Insurance Rating Bureau (WCIRB) has approved the recommended increase in hourly wage thresholds for all 16 construction dual wage classifications.

The increases range from $2 to $5 depending on the classification and will go into effect for policyholders renewing September 1, 2022 and thereafter. The chart below outlines the increases for each classification.

Dual Wage Classifications	Existing Threshold	Approved Increase	Approved Threshold
5027/5028 Masonry	$28	$4	$32
5190/5140 Electrical Wiring	$32	$2	$34
5183/5187 Plumbing	$28	$3	$31
5185/5186 Automatic Sprinkler	$29	$3	$32
5201/5205 Concrete Work	$28	$4	$32
5403/5432 Carpentry	$35	$4	$39
5446/5447 Wallboard Installation	$36	$2	$38
5467/5470 Glaziers	$33	$3	$36
5474/5482 Painting Waterproofing	$28	$3	$31
5484/5485 Plastering or Stucco	$32	$4	$36
5538/5542 Sheet Metal Work	$27	$2	$29
5552/5553 Roofing	$27	$2	$29
5632/5633 Steel Framing	$35	$4	$39
6218/6220 Grading/Land Leveling	$34	$5	$39
6307/6308 Sewer Construction	$34	$5	$39
6315/6316 Water/Gas Mains	$34	$5	$39

With the continuing labor shortage in construction, employers have been doing everything possible to retain employees by offering richer benefits plans, pay increases and merit bonuses, when applicable. These approved wage classification increases could potentially push employers to extend additional pay raises to employees in an effort to minimize workers’ compensation premiums.

Rancho Mesa predicts that this information will become a major factor in payroll decisions based on overhead cost management and recommend this as a topic for discussion early, so that our clients and prospects can prepare.

Understanding the Impact of MEP Contractors’ Dual Wage & Total Temporary Disability

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

What is a dual wage threshold? According to the Workers’ Compensation Insurance Rating Bureau (WCIRB), in California there are sixteen (16) construction operations that are divided into two separate classifications based on the hourly wage of the employee. There are different advisory pure premium rates for the low wage employee and the high wage employee. For mechanical, electrical and plumbing (MEP) contractors, the class codes used are all included in the recently approved increase which will go into effect September 1, 2022. The table below outlines the changes for the MEP class codes by year.

Classifications	9/1/2021 - Current	9/1/2022 - Proposed
5140/5190	$32	$34
5183/5187	$28	$31
5538/5542	$27	$29

© 2021 Workers' Compensation Insurance Rating Bureau of California. All Rights Reserved.

Why does this matter to MEP contractors? The higher wage employee’s workers’ compensation rate is significantly less (on average 46% less) than the lower wage employee. Therefore, if a company has any employees that are currently just barley in the high wage classification, this would drop those employees into the low wage classification and the employer would pay the higher workers’ compensation rate on those individuals. Depending on how many employees an employer has in this situation, it may be advantageous for the employer to calculate if it makes more sense to give those impacted employees a raise to push them back up into the high wage classification or keep them in the new low wage classification. It should be noted and understood that this change will not impact the employer until their next renewal after September 1, 2022. So while most employers will have time to evaluate the impact, it is crucial to begin the evaluation sooner rather than later.

As with any form of wage inflation, an increase in wages, to keep an employee in the higher wage category will increase the claim costs of a total temporary disability claim if they are injured on the job. While increases in wages are necessary, they will also impact the total cost of the claim, which then can increase the company’s experience modification rating (XMOD).

To mitigate this increase and reduce the likelihood of a lost time claim, employers can take several actions:

• Review and update their existing safety programs.

• Revisit their hiring practices.

• Develop a sustainable return-to-work program.

What should employers do next?

• Work with your trusted insurance advisor and run a needs/benefit analysis on increasing employee wages.

• Understand your numbers.

  • What is your primary threshold and why does it matter?

  • What is my claim cost per point of XMOD?

  • How does my frequency of claims compare to the MEP industry?

  • How does my lost time claim average compare to other MEP contractors?

If you would like assistance understanding how these and other data points impact your company, request a proprietary Key Performance Indicator (KPI) dashboard that puts this information at your fingertips.

You still have time to be proactive, do not let these critical changes catch you by surprise!

Changes Are Coming to California Contractor License Bonds

Author, Matt Gaynor, Director, Surety Department, Rancho Mesa Insurance Services, Inc.

Currently, all contractors licensed in the State of California are required by the Contractors State License Board (CSLB) to have a $15,000 contractor license bond on file with the state. This amount has been in effect since January 1, 2016.

Effective January 1, 2023, State Bill 607 will require the contractor license bond amount to increase from $15,000 to $25,000 (California Business and Professions Code Chapter 367).

If you are a contractor and currently have a $12,500 bond of qualifying individual (BQI) for your company, the BQI bond is also required to increase to $25,000 effective January 1, 2023.

Although we have several months to get this in place, touch base with your bond agent to discuss the timing of the increase relative to the anniversary date of your CSLB bond.

You may be required to pay a prorated additional premium to cover the increase.

The term of your bond may be prorated, which would change the renewal date.

Bonding companies may not offer renewals on their current bonds. If this is the case with your bond company, you will need to put a new bond in place on the effective date of the cancellation.

If you would like more information on how your particular CSLB bond might be affected, please contact me at (619) 937-0165 or mgaynor@ranchomesa.com.

Staying Ahead of the “Hard Market”

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

Over the past 15+ quarters, California employers have been experiencing a soft workers’ compensation marketplace. At some point, however, this will start to pivot and the companies that will secure the more favorable pricing must be able to differentiate themselves to their insurance carriers. As we continue seeing signs of the hard market coming, without this solid explicit differentiation, it will become harder for our carriers to be aggressive with their pricing. With all of that said, as a business owner, you may be asking how you differentiate yourself to the insurance marketplace and protect your company from large premium increases. Following are some proven methods.

Return to Work Programs

Do you have a return to work program in place? We all would like to prevent injuries from occurring but need effective return to work programs to help control the total cost of a claim after it has occurred. The fewer dollars that are paid in temporary disability can directly save points on your experience modification (MOD), lower your overall loss ratio, and reduce litigation. All three of these benefits will help you in the marketplace and keep future premiums in check. Watch our “Return to Work Program: A Cost Effect Solution” webinar to learn more about these types of programs.

Hiring Practices

Take an in-depth look at your hiring practices. Many employers are experiencing an uptick in post termination claims that can turn into cumulative trauma claims. This can have severe impacts on your MOD and loss ratio, so it’s vital that you are bringing on the right employees. Pre-hire physicals and drug testing, formal interviews, checking references and job offers with job descriptions are great ways to make sure you are onboarding the right people who are clear in what is expected of them. Fraudulent claims consistently arise from employees who feel undervalued, underpaid, or underappreciated. Hire people with defined roles and make sure they are acknowledged when they are performing well. Employees who are consistently recognized by management and have strong relationships with their supervisors are less likely to file fraudulent claims. Use our Job Description Builder to quickly create job descriptions within the RM365 HRAdvantage™ Portal.

Provide and Document Safety Trainings

Utilize training materials that are provided by your insurance broker. As the hard market trend continues, it is going to be even more important to show the carrier that you are preemptively stopping claims from happening by actively training your employees. Showing your carrier partner that your employees are properly trained and management is prepared when claims occurs will go a long way to getting you the savings you deserve. Rancho Mesa has developed the RM365 Advantage Safety Star™ certification program for foreman/supervisors that is endorsed by the insurance marketplace as a way to both raise the level of safety awareness but also provide subjective credits to your premiums. Rancho Mesa also provides many additional training materials and workshops through our Risk Management Center for clients to use in conducting and documenting their safety.  

Now is the time to make sure that you are taking the necessary steps to differentiate yourself from your peers. As you look forward, consider Rancho Mesa and our myriad of resources to help start that process. Contact me at ccraig@ranchomesa.com or (619) 438-6900.

Four Factors Contributing to Employee Theft

Author, Sam Brown, Vice President of Human Services, Rancho Mesa Insurance Services, Inc.

Crime insurance policies act as one line of defense against financial loss to an employer. At times, guarding against theft can feel like an uphill battle with many factors outside of our control. One common form of crime insurance claims may be more preventable than ever with some quick education. We are talking about employee theft.

Employee theft can come in the form of stolen petty cash, liberal use of gas cards, or payroll fraud. A review and understanding of the most common reasons why employees steal from their employer can help prevent such crimes.

1. Financial Need

Real or perceived, a financial crisis can drive an employee to steal. Examples include family illness, falling behind on bills, personal debts, or even the desire to have clothing or material possessions the employee cannot afford on their own.

2. Perceived Unfair Treatment

Employees justify stealing when they believe the employer has overworked and underpaid its employees. An employee may also blame management when job performance does not warrant a pay increase. Employees may feel the company owes them.

3. Opportunity

One theory suggests that even honest people will steal if there is ample opportunity. It would make sense then that the incidence of theft increases for employees near unsecured cash or valuable property. This is especially true for employees who understand the worth of company property.

4. Workplace Norms

Employees who see co-workers get away with stealing from the company are more likely to commit theft themselves. Conversely, a quick reminder to a new employee that theft of an any kind is not condoned can adequately communicate what is and what is not to be tolerated.

Understanding factors that drive an employee to steal from an employer can help organizational leaders identify suspicious behavior. This may also lead to management decisions made to influence company culture in a positive way.

Please contact Rancho Mesa Insurance if your private company or non-profit organization has questions about crime insurance and employee theft.

CA Insurance Bureau Recommends 7.6% Rate Increase

Author, Jack Marrs, Associate Account Executive, Human Services Group, Rancho Mesa Insurance Services, Inc.

The Workers’ Compensation Insurance Rating Bureau of California (WCIRB) voted to submit a September 1, 2022 Pure Premium Rate Filing to California’s Insurance Commissioner Lara.

The filing will suggest a 7.6% average rate increase above last year’s approved September 1, 2021 pure premium rates.

There are multiple reasons for the WCIRB’s Governing Committee to suggest the rate increase. Most notably,

• There is an 11% projected increase to indemnity claim cost by the end of 2024.

• The industry predicts a 6.5% increase in medical costs per claim from 12/31/21 to 12/31/24.

• We expect increases in frequency of injuries and claims.

• Wage inflation will increase claim cost and the cost to adjust claims.

• Expected future costs of COVID-19 claims are likely to increase, which were previously excluded when underwriting considers claims history.

Before the increase goes into effect, the WCIRB will submit a proposal to the Department of Insurance. Insurance Commissioner Lara will decide to either approve the rate increase, or reject it and suggest a different outcome.

Although the commissioner cannot mandate any sort of rate increase or decrease, it is common for workers’ compensation carriers to cooperate with his recommendation and follow his lead.

This news is another sign that the California workers’ compensation insurance market may be hardening. With that in mind, it is crucial that employers are implementing trainings and safety programs to ensure workplace safety.

In addition, a strong broker partner must truly understand the clients’ industry, operations, and service needs.

Please contact Rancho Mesa to understand how to better prepare for an increase in claims costs and the hardening workers’ compensation marketplace.

Automobile Rental Reimbursement for Tree Care Companies

Author, Rory Anderson, Account Executive, Rancho Mesa Insurance Services, Inc.

A tree care company’s auto fleet includes specialty vehicles like bucket and box trucks. These vehicles are important assets for the company and critical for completing jobs. Getting into an auto accident is already stressful, but what can add more grief is if the vehicle that gets damaged is vital for your business. In this case, you will be looking to rent a replacement vehicle during the repair window so that your business can maintain productivity and profitability. With this in mind, rental reimbursement coverage helps cover the rental cost incurred while your vehicle is repaired after a covered loss.

In the tree care business, renting a specialty truck is no easy task. Rental bucket and box trucks are expensive and limited. Renting these specialty trucks can cost up to $600 per day. In addition to the cost, the COVID-19 pandemic continues to cause problems with the supply chain of products, including auto parts. So, not only is it expensive to rent these specialty trucks, but it is also taking longer than normal to get vehicles repaired.

The standard rental reimbursement coverage will offer between $50 and $100 per day for 30 days. With how costly the tree care specialty trucks are and with the amount of time it is taking to repair these trucks, you can see how you might find yourself in a sticky situation if one of these key trucks goes down. However, certain insurance carriers will offer to increase the per day amount as well as extend the period of rental reimbursement coverage, if needed.

Partnering with an insurance professional who specializes in the tree care industry is important to make sure that your bucket and box trucks have the correct rental reimbursement coverage in the case of an auto accident.

To discuss this potential gap within your current insurance program or any other commercial insurance for your tree care business, contact me at (619) 486-6437 or randerson@ranchomesa.com.

Three Changes to Your Routine That Increases Safety

Author, Greg Garcia, Account Executive, Landscape Group, Rancho Mesa Insurance Services, Inc.

Every landscape company wants to be safe. So, I want to discuss three ways to improve safety in your workplace, starting today.

1) Routine Equipment Maintenance

Routine maintenance and cleaning of equipment is essential for any landscape company wanting to make sure all of their equipment is running properly and is ready for a day’s work. From a safety standpoint, we see the biggest risk comes from those companies who use sprayers to fertilize lawns and plants for their clients. By not cleaning the sprayers out daily, landscape companies are putting their employees at risk of being exposed to pesticides and herbicides, which can be detrimental to the employee’s heath. Therefore, routinely checking and cleaning pieces of equipment can not only improve your productivity and profitability by making sure equipment is ready for work, but can also lead to a much safer working environment for your employees.

2) personal protective equipment (PPE) checks

Personal protective equipment is one of the most important things landscape employees can use to protect themselves while they work. Whether it be thorny bushes to cut back, the use of loud chainsaws or mowers, or just the effects of being out in the sun, it is important to assess the job site hazards and make proper PPE choices. A few examples that landscape companies are doing to help their employees fight the effects of being exposed to the sun are: wearing long sleeve shirts, wearing sun hats that provide shade to the face and neck, and wearing proper sunglasses to help with the heavy glare. Always keeping up to date and staying informed on proper PPE will ensure that your landscape company is doing all they can to stay safe.

3) assessing job site hazards

Finally, addressing job site hazards is vital for companies in the landscape industry. The safety manager, supervisor or foreman need to get out to job sites and really see what hazards are out there. For example, look to see if there are any poisonous plants at the jobsite and/or any pieces of debris or puddles in the walk ways that could create a trip and fall hazard. All of these exposures need to be noted to ensure everyone is aware of potential risks. Every jobsite is different, so it is crucial that your team remain proactive and really hone in on the potential risks at each particular jobsite.

If equipment checks, PPE checks, and job site checks are not currently in your landscape company’s safety routine, I would strongly suggest starting that routine, today.

Subscribe to our weekly landscape-specific safety emails to ensure you are getting relevant training materials every week.

If you have questions about how to mitigate your company’s risk, reach out to Greg Garcia at (619) 438-6905 or ggarcia@ranchomesa.com.