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Our HR Consulting practice provides access to a level of HR support that may seem to be out of reach.
Through EnsuriseHR Solutions, Risk Cooperative offers employers the expert human resources assistance they need, exactly when they need it, ensuring compliance and helping them achieve strategic and day-to-day business objectives.
The partnership starts with an assessment of HR practices and policies covering three general categories: compliance, risk, and culture. We can make recommendations, offering access to the full scope of services while only paying what you use.
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Scope of Services
Employee Relations
Employee Handbooks & Policy Manuals
Employee Opinion Surveys
Exit Interviews
Coaching & Documentation for Performance Issues
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Compensation & Benefit Administration
Benchmark Job Market Pricing (Salary Studies)
Salary Grade/Range Structure Design
Incentive Plan Design
Salary Administration Policies
Merit Matrices
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On-Boarding Programs
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Org. Structure Design
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Interview Process & Systems
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Affirmative Action Plans
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EEO-1 Filings
Employee Handbooks
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Reductions In Force (RIF)
HR Assessments
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Resource Library
Failure to understand the regulations that apply to your organization and be in compliance with them can create significant problems that distract from your mission. As a complement to EnsuriseHR’s webinar session on Organizational Risk & Compliance, we summarize many of the key regulations that impact U.S. employers.
Disclaimer: This is not exhaustive of all legislation, nor is it meant to be interpreted as detailing the exact requirements of each law.
26 Federal Employment Laws You Need to Know
In the United States, not all labor law applies to all employers. The smaller your organization, the fewer regulations you will need to be concerned with. Additionally, the laws are applied using a 6-12 month average for number of employees, giving you a grace period to comply with added regulations and requiring sustained compliance before dropping reducing requirements.
The Big Fifteen (for 1 to 15 employees)
These fifteen labor laws date back as far as 1935, cover the gamut of fundamental employee protections in the United States, and apply to all U.S. employers with at least one employee. (Sole proprietorships are exempt.)
Overview: Outlines key requirements for employee pay and payroll records, including – minimum pay rate, hourly vs salary, overtime, under 18, and record keeping that applies to your payroll.
Points of Confusion: Not all roles are permitted to be classified as independent contractors, and exempt, non-exempt, and independent contractor versus W-2 classifications can be really confusing for business and nonprofit leaders. Failure to comply correctly can result in extremely expensive back payments, fines, and penalties.
Bonus: States often have additional rules that apply and constitute key compliance risks.
Overview: Requires employers to confirm employment eligibility for all W-2 employees within three days of their hire date and keep completed I-9 forms in case of audit.
Points of Confusion:
- Employers must view employee’s work authorization documents in person, unless permitted an exception (not common).
- Employers are responsible for tracking expiration of visas or temporary work authorizations and ensuring that up to date documentation is provided.
- The E-Verify program incorporates but does not take the place of I-9 requirements.
Bonus: Federal government contractors with contracts over $10,000 and employers in 9 U.S. states are required to use E-Verify.
Tip: Don’t assume that your forms are correct just because they’re in your payroll system. We actually find the most errors in third-party systems and fines for incomplete or missing forms can run up to $2,789 per form.
Overview: All employers have some obligations under the ACA. Even if your organization does not sponsor health insurance plans you still must provide an annual marketplace notice or face fines. Stipends (recorded as taxable income) instead of sponsored coverage are permissible for employers with fewer than 50 employees.
Point of Confusion: If you are a smaller organization that voluntarily provides employer-sponsored coverage, then all aspects of the Affordable Care Act, except some reporting requirements, apply to you.
Bonus: ACA also requires all employers to provide break time for nursing mothers.
Overview: Requires that all employers keep health related information confidential.
Point of Confusion: The employee can tell anyone they choose about their condition, but you, the supervisor or the leader, may not share the information without that employee’s express permission.
Tip: Provide guidance at hiring or promotion of supervisory staff, plus an annual reminder to protect against privacy violations that could result in claims for your organization.
Overview: UGESP provides guidance on employment selection procedures requirements that all recruitment and hiring procedures must be relevant, valid, and reliable. USERRA protects past, current and future service members from discrimination and all employers must provide military leave.
Point of Confusion: It may not be compliant to require a college degree (rather than equivalent work experience) for certain jobs.
Bonus: Federal government contractors must post all available jobs on designated veteran outreach sites.
Tip: Consistency on things like educational requirements, application forms and assessments, is key to compliance. We recommend putting processes and templates in place to streamline interview and onboarding.
Overview: Requires that men and women in the same workplace receive equal pay for performing jobs that require substantially equal skill, effort, and responsibility. Lilly Ledbetter allows up to 300 days to claim an EPA violation.
Point of Confusion: The law allows for differences, making it very challenging for employers to identify acceptable exceptions.
Tip: We find that the best way to avoid equal pay claims is to establish market-based pay ranges by position for each role in your organization, rather than negotiating pay on a person-by-person basis.
Overview: Requires all employers to provide unpaid, job-protected time off for documented jury service.
Bonus: Some state laws and the District of Columbia require paid time off.
Overview: If using polygraphs in your hiring process it’s important to confirm that your organization is covered under an exception to the Employee Polygraph Protection Act.
Overview: Employers are required to comply with legal garnishments or court orders from creditors to collect a debt from an employee.
Tip: Payroll services will ensure that you do not exceed the permissible withholding. But we recommend that you carefully confirm each garnishment before implementing to avoid fraudulent requests.
Overview: Both NLRA and Taft-Hartly Acts both refer to regulations relating to labor organizing.
Tip: If you have or may have union employees, you should consult an employment attorney to ensure every T is crossed and every I is dotted.
Overview: A highly technical set of regulations related to employee benefit and welfare plans like medical, dental, 401k.
Tip: A payroll provider will ensure compliance, but if you’re doing in-house payroll you should have a deep and thorough understanding of ERISA to avoid significant fines and penalties that come with making mistakes.
Overview: Employers are only permitted to take pre-tax deductions for medical or other benefit plans if they have a formal written Premium Only Plan (POP) documents in place. Compliance errors can result in costly penalties and tax assessments by the IRS against employees.
Tip: Some payroll platforms offer to create POP documents for a significant fee. Whereas most brokers will provide you with a POP for a minimal fee.
Overview: This law regulates federal payroll taxes.
Tip: Your payroll provider is your best protection to ensure your contributions in reporting are correct.
Overview: Limits employers’ right to candidate or employee credit information. If you are performing credit checks on candidates or employees, you will need to also provide very specific notifications and then access to any information that you receive based on that check.
Bonus: May states have laws to add additional limits on employers. You’ll want to make sure you’re aware of state regulations before performing credit or background checks.
Overview: Outlines a wide scope of health and safety requirements for U.S. workplaces, including training and notification requirements.
Additional Regulations for Larger Employers
For organizations with 15 employees or more, employers are required to comply with these additional regulations.
Overview:
- Creates protection against discrimination based on race, color, religion, sex, national origin in all employment practices, including hiring, firing, compensation, promotion.
- Prohibits hostile work environment tied to a protected class.
- Requires employers to provide a reasonable accommodation for religious practices.
Point of Confusion: With 40-50% of EEOC claims including charges of retaliation, the most frequently alleged basis of discrimination and the most common reason employers lose.
Tip: A comprehensive and authentic policy is key, including warnings with regard to and protections against retaliation.
Bonus: The Supreme Court’s decision on June 5, 2025 in Ames vs Ohio Department of Youth Services determines that all employment decisions cannot include any protected status as a factor, including gender, race, or other class. We expect that this decision will now open the door to a significant increase in types and number of claims.
Overview: Requires employers to define essential functions of the job for employment decisions and for candidates or employees with qualifying disabilities, and to make reasonable accommodation to allow these candidates or employees to perform their jobs.
Points of Confusion: The regulations require a particular sequence of documents and approvals that are not difficult, but they are very specific. There are essentially two factors to a reasonable accommodation: cost, making crushingly expensive accommodations would not be required., and the accommodation allows the employee’s ability to perform the essential functions of the job.
Tips: We recommend putting in common sense accommodations so that you’re prepared for common, reasonable requests.
Overview: Requirements related to pregnant workers, including prohibitions against discrimination, requiring pregnant workers to resign, or non-medical leave of absence.
Point of Confusion: Pregnant workers are not exempt from performing the essential functions of their job and are not inoculated against layoffs or other workplace actions.
Bonus: As of 2024, there’s an affirmative requirement to provide reasonable accommodation for pregnant workers.
Tip: Your best protection against a claim related to pregnancy is to have policies and processes in place that are consistently applied.
Overview: Employers are not permitted to request or require employees or employees’ family members to provide genetic information.
Overview: Employers must take reasonable measures to protect the personal information of your employees. All transmissions of employee personal data must be secure.
Point of Confusion: If an employee’s identity is breached based on your failure to protect it, there are significant risks so NEVER send or request social security numbers, personal identity documents or other confidential information via unencrypted email.
Tip: It’s easy to set up a portal or a drop box to move this information in a completely protected environment.
Overview: Prohibits age discrimination in employment, including the setting of mandatory retirement ages for employees over 40.
Tip: Follow all the same recommendations noted for Title 7 protected classes.
Overview: Requires all employers who offer medical benefits to groups over 20 employees to permit covered employees and or their dependents to extend their health insurance coverage after a eligible life event (such as divorce, employment termination, new dependent, etc.) for up to 36 months by paying the full premium.
Points of Confusion: Specific notices are required for new hires and departing or otherwise qualified employees, and they’re required within very specific deadlines. Many companies choose to outsource their COBRA administration to a third-party vendor because of the technical nature of the requirement, but it is possible to do it yourself.
Bonus: 44 of the 50 states plus the District of Columbia have COBRA laws which may have to apply even if you have fewer than 20 employees.
Overview: Requires employers to provide unpaid, job-protected leave to qualifying employees for qualified events.
Points of Confusion: Each situation requires analysis to know if the person and the reason qualifies, the length of the leave, documentation of the leave on very specific forms, and careful attention to ensure correct and consistent application of the regulation.
Tip: With hundreds of iterations it may be prudent to review your FMLA policy and process with a consultant to confirm compliance.
Overview: In addition to all of the notice regulations that apply to all employers, organizations with 50 or more employees also have the requirement to :
- provide health insurance coverage to employees who work 30 or more hours per week
- send annual reporting to employees regarding health care costs
Points of Confusion: The look-back period to meet the 30 hour threshhold is 6 to 12 months, depending on your policy. Also, at this level, stipends are not permitted.
Tip: Because of the technical nature of the reports, many employers choose to outsource this either to their payroll provider or to another third party.
Overview: Employers with at least 100 employees must give at least 60 days advanced notice of plant closings or layoffs under certain situations.
Bonus: 13 states have additional WARN requirements, which may need to be considered as well.
Overview: In addition to the regulations that apply to all employers, organizations with 100 or more employees OR federal contractors with 50 or more employees also have the requirement to file an annual EE01 report
Tip: This report requires extensive data tracking and most qualifying employers use their payroll system to create all the required fields.
Special Requirements for Federal Contractors
If you receive funds from the federal government, there are additional regulations that may apply depending on the amount and type of grant or contract. If you receive any federal government funds and especially if you’re subject to an audit of your contract or grant, you want to read the contract carefully to understand all of the labor related requirements.
Brief Overview of State and International Labor Law
Some jurisdictions have virtually no labor laws, while others have extensive regulation. Even some cities have passed their own labor laws. All of these may apply to you if you are a multi-jurisdiction employer.
If you have international work from anywhere policy, your organization is also subject to tax and labor law in the country in which you have workers. If you have international employees or U.S. employees working internationally, you need to talk to a consultant or a labor law attorney to protect your organization.
All U.S. companies are subject to what are called the nexus laws require that you know and follow state labor law for any state or the District of Columbia in which an employee spends 51% or more of their working time– regardless of the location of your organization’s headquarters or main office. If you are a multi-state employer we strongly recommend an audit of employee locations to ensure that you are compliant by location.
Conclusion
Compliance and risk mitigation may not be the top of mind for building a thriving organization. However, because of the complexity and variation of labor laws — and the cost of mistakes — it’s prudent for organizational leadership to check the compliance box early and often.
During COVID, patients and healthcare providers were forced to opt for virtual care, even if it wasn’t their preference. Since then, the virtual care model isn’t limited to urgent care; it has really expanded to find it’s place in a wide swath of healthcare specialties. Now with five years of practical experience, research confirms the effectiveness of this new practice.
Though favored by many patients, telemedicine is nevertheless an underused modality. With the potential to transform modern healthcare, understanding the benefits of telemedicine – why it’s important and how it’s affecting patient experience – is a critical issue for employers and benefits administrators to grapple with this year.
Data Reveals a Harsh Truth
Calculating transportation time and waiting for in-person visits adds up to significant lost productivity and lost wages, which affects both employees and employers. In one study, telehealth visits saved patients an average four hours saved – per visit. Another study documented 11,000 cancer patients that collectively saved 30,000 hours and 3.8 million miles in 14 months. These are big numbers.
Consider also the costs of vehicle wear and tear, risk of car accidents, exposure to contagious illnesses, and greenhouse gas emissions, which are all reduced when patients take advantage of telehealth options.
In terms of saving money on the care itself, findings universally demonstrate that access to virtual care lowers the overall costs. One study reported that visits with 24-7 copayment-free telemedicine programs were 23% less expensive than in-person visits for the same conditions. As an employer with claims utilization metrics affecting renewal increases, this is not insignificant. Redirecting care from emergency rooms and urgent care centers to telehealth saves between $309 and $1,500 per visit, but cost savings are there for routine visits as well.
Between social impact, premium cost increases, worker productivity and the very real cost of care, telemedicine has economic effects that are getting noticed. In fact, telehealth is seen as an essential healthcare option by employees. For employers to be competitive in their recruiting and retention strategies, they need to have virtual care options included in their benefits package.
But, How Does It Work?
While there are many telehealth vendors, CloseKnit Health is a completely virtual (also known as virtual first care, or V1C) provider practice that has been part of the CareFirst benefit plan since 2021. Care through CloseKnit is available to every CareFirst member (not an add on) and a free CloseKnit smartphone app helps make the services easily accessible when and where it’s needed.
All the services of an in-person provider practice are available with virtual care, including appointments, referrals, doctor’s notes and prescriptions. Indeed, in-person care is always available to Carefirst members even if they’ve chosen to try CloseKnit virtual care.
CloseKnit benefits are completely virtual and in-network. Wherever you are – at home or away – patients are paired with providers that can write prescriptions in the state where they are located. And, urgent mental and physical care will always be addressed by in-network providers, regardless of the member’s specific medical plan.
While some employers may be just a little intimidated with trying a new tech-based service, the oldest Closeknit patient in 2024 was 94 years old! This speaks volumes about the accessibility and ease of use.
Available When & Where You Need It
Virtual care services are available to help patients manage their healthcare in every capacity – from urgent, one-time needs to coordinated routine care and management of chronic conditions.
Urgent Care | Often, urgent care is the first time a patient experiences virtual care. It may happen during a holiday, weekend, or vacation where the patient’s providers are not available to help address a medical concern. Serving patients as young as 2 years old, CloseKnit urgent care is available every day and at all hours for 24/7/265 accessibility. The goal is to get the patient triaged, treated, and moving on with feeling better as quickly as possible – it takes roughly 10 minutes to be connected with an urgent care provider.
Primary Care | For more routine medical attention, CloseKnit primary care is provided to members 18+ through a dedicated practitioner chosen by the patient, with appointments scheduled within a few days anywhere in the U.S. and at any time – so as to be convenient for unconventional schedules and locations. Bluetooth-enabled kits help providers remotely administer preventive care assessments and monitor chronic conditions, and a chat feature lets patients text with their care team to ask for prescription refills or follow up questions. The chat plus urgent care through Closeknit does an amazing job at helping to keep patients out of the emergency room (unless it’s for a true emergency.)
Mental Health | When patients aren’t sure how to get started with mental health therapy, an optional survey is available to help orient them. First appointments may take three-to-four-days to schedule. After the initial consultation, a treatment plan will be set with regular appointments for the appropriate duration.
Short-term therapy based on Cognitive Behavioral Therapy (CBT) typically lasts for 8-12 weeks. CloseKnit patients who completed short-term therapy have reported seeing their anxiety decrease by 63%, depression down by 61%, and stress down by 49%.
Long-term therapy can go for as long as the patient and therapist deem necessary to address complex mental health issues like ADHD, trauma, or substance abuse. A psychiatrist would join the care team if any type of medication management is needed.
And More | After choosing a primary care provider, a nurse practitioner and other CloseKnit providers will coordinate to ensure that everything is working the way it should behind the scenes for your medical wellness, mental health care and coordinating prescriptions. Additionally, parents can schedule appointments with a lactation consultant, a doula, a nurse, or a prenatal therapist. Behavioral therapy and urgent care are available for children, and nutrition services help provide evidence-based guidance for members ages five and above.
Conclusion
We know that the average number of Closeknit primary care visits is 6 per year, with additional support through the chat, and we can see that the utilization and coordination of care has been at its highest levels in 2024. With new reporting coming out next year, we’re interested to see how the data matures shows how virtual first care is impacts healthcare at large.
Despite being underused, virtual care is extremely valuable. The patient/provider relationships that can come about when you remove the barriers to accessing care help are essential to building a healthier workforce.
Washington, D.C. – Independent insurance brokerage and advisory firm, Ensurise, LLC, and HR advisory firm, Barker HR Consulting, today announced their partnership effective October 1st, 2024.
Ensurise, one of the largest independent insurance brokerages in Greater Washington, understands the ever evolving needs of its customers and shifting insurance landscape. By providing first class resources and tools to support their expanding roster of agency divisions, they help to deliver superior insurance solutions to all clients under the Ensurise banner.
“We are pleased to introduce Barker HR Consulting as our newest partner. They will enhance our expanding employee benefits practice, led by Ensurise’s Risk Cooperative division, with the HR expertise to guide clients through the increasingly complex demands of employee benefits, compliance, and other related workforce challenges beyond core insurance needs.” said Jonathan Nobil, Managing Member of Ensurise, LLC. “This partnership is the latest addition to our suite of comprehensive employee benefits solutions, offering clients HR consulting services as an add-on to our existing advisory practice.”
Founded in 2013, Barker HR Consulting specializes in providing area business owners access to seasoned HR professional services to keep them compliant and on track to meet strategic and day-to-day business objectives, providing employee relations and talent management capabilities that are often out of reach for smaller and start-up enterprises.
Ensurise is leading the charge to integrate compliance, workforce training, and customized HR support to meet the complex leadership challenges organizations face in today’s business landcape. “We are very excited to join Ensurise and partner with this team,” says Barker HR Consulting Chief HR Partner, Amy Barker, “and to continue offering the business savvy workforce guidance we built our reputation on.”
“As one of the most respected fractional HR consulting firms in the area, with deep knowledge in recruitment, compliance, compensation, and benefits administration, Barker HR Consulting will round out Ensurise’s employee benefits capabilities to beyond what is expected from much larger organizations,” said Mr. Nobil. “We are ready to make waves in this space.”
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About Ensurise, LLC
Ensurise, LLC is an independent insurance brokerage organization that partners with high-quality quality insurance advisory organizations in Washington, D.C., Maryland, and Virginia. The enterprise brings a differentiated approach to agency perpetuation and is committed to delivering superior risk management services to its clients. For more information, please visit www.ensurise.com.
jnobil@ensurise.com | 202-573-7988
About Barker HR Consulting
Barker HR Consulting provides people solutions for small business, giving employers in the DC metro area the customized big-time support they need, when they need it, and at a high level of expertise – allowing the leadership to focus on building a thriving business.
Ultimately, at every level of the healthcare supply chain – insurance carriers, benefits brokers, providers, employers, and end-users – we all need to be creative about ways to contain costs while still supporting health and wellness. So, how can a health insurance carrier provide you with solutions that bring competent and quality healthcare to your employees?
Rising Costs
Employers and employees alike rank health-related benefits as the most important offered – more than paid leave, financial incentives, and retirement planning – and this value is shown in a positive ROI. In 2022, employer sponsored insurance (ESI) drove $275.6 billion in improved productivity, $101 billion reduction in direct medical costs, and $119.2 billion in tax benefits. Additionally, post-pandemic changes to health-related employee benefits include adding valuable services like telemedicine (93% of surveyed organizations) and mental healthcare (91%).
Healthcare costs have outpaced rates of inflation for decades, and we’re expecting this growth to continue, ultimately totaling nearly 20% of the U.S. economy by 2029. Data from the Centers for Medicare and Medicaid Services (CMS) indicate an increase in health spending tripled between 2000 and 2022 to $4.5 trillion. While multiple factors contribute to this growth, often cited are an aging population, labor pressure, and new high-cost prescription drugs.
In fact, we can see the cost of care increases reflected in the rising insurance costs over time with the average per-employee cost reaching a record high in 2023. Developments in the pharmaceutical market are apparent, with the pharmacy benefit cited as the fastest growing component of plan cost. Large employers have been mitigating these increases by increasing deductibles and out-of-pocket maximums, but this trend is difficult for the mid-size businesses to manage, as they’re subject to certain regulations but tend to have less ability to allocate additional resources to their employee benefits package.
What is Max Performance Plus?
Carefirst launched Max Performance Plus on June 1, 2024 as an add-on to a fully insured benefit that allows employers to receive a surplus of net-billed premium not used over the plan year. It’s essentially a funding mechanism that allows you to take a fully-insured product and adds the potential to receive 100% of the surplus, up to 15% of the net premium, at the end of the contract period.
The Max Performance Plus program carries a higher risk premium charge (a.k.a. retention item) and can be sold with any fully-insured Carefirst medical or prescription drug plan. It’s not a separate plan, it’s an add-on to the Carefirst fully-insured product portfolio. While you cannot cancel mid year, you can opt to remove the Max Performance Plus product at renewal and still continue with your fully-insured plan.
In contrast to a self-insured product, Max Performance Plus takes your current fully-insured product and adds a performance element. Many groups want to know how they are performing as a group. By adding Max Performance Plus, employers get the reporting function for more information about performance, while getting surplus back as a payment.
Remember, with a self-insured plan, the employer pays claims beyond what insurance will cover, up to a pre-set amount. Performance reporting allows groups to track that claim activity. Mid-size groups 50-150 employees are often not able to take full advantage of all of the self-insured product’s benefits, and these plans calculates surplus potential as a percentage of an administrative credit.
Surplus Payment
It typically takes 60-110 days to finish paying claims after the end of the plan year. At that point your surplus payment is given as a check or electronic funds transfer – not just a premium credit. Groups are eligible to receive their surplus payments as long as they remain in a fully-insured product with Carefirst and have paid in full – even if they decide not to renew the Max Performance Plus program. Deficits do not affect the surplus payment, nor do they carry forward.
Reporting
Groups of 51-99 employees using this program will have access to monthly reporting features they wouldn’t otherwise have on a fully-insured plan; Executive Summary and Account Experience Reports are easily access via the employer portal under Account Insights. Larger groups, which previously had access to reporting, will also see additional performance data around demographics, cost analysis, utilization, site of care, high-cost claimants and pharmacy use. The reporting data gives employers information that can help inform and educate employees about more cost-effective healthcare choices, such as the value of in-network providers and avoiding expensive ER visits for urgent care needs.