Archive for June, 2009

6/29/09 – What is Employment Practices Liability Insurance (EPLI)?

by P. Lewis Robinson
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Jun
29

EPLI covers businesses against claims by workers that their legal rights as employees of the company have been violated.

The number of lawsuits filed by employees against their employers has been rising. While most suits are filed against large corporations, no company is immune to such lawsuits.  Recognizing that smaller companies now need this kind of protection, some insurers provide this coverage as an endorsement to their Business Owners Policy (BOP). An endorsement changes the terms and conditions of the policy.  Other companies offer EPLI as stand-alone coverage.

EPLI provides protection against many kinds of employee lawsuits, including claims of:

  • Sexual harassment
  • Discrimination
  • Wrongful termination
  • Breach of employment contract
  • Negligent evaluation
  • Failure to employ or promote
  • Wrongful discipline
  • Deprivation of career opportunity
  • Wrongful infliction of emotional distress
  • Mismanagement of employee benefit plans
The cost of EPLI coverage depends on your type of business, the number of employees you have, and various risk factors such as whether your company has been sued over employment practices in the past.  The policies will reimburse your company against the costs of defending a lawsuit in court and for judgments and settlements. The policy covers legal costs, whether your company wins or loses the suit.  Policies also typically do not pay for punitive damages or civil or criminal fines. Liabilities covered by other insurance policies such as workers compensation are excluded from EPLI policies.

To prevent employee lawsuits and educate your managers and employees so that you minimize problems in the first place:

  • Create effective hiring and screening programs to avoid discrimination in hiring.
  • Post corporate policies throughout the workplace and place them in employee handbooks so policies are clear to everyone.
  • Show employees what steps to take if they are the object of sexual harassment or discrimination by a supervisor. Make sure supervisors know where the company stands on what behaviors are not permissible.
  • Document everything that occurs and the steps your company is taking to prevent and solve employee disputes.

Information from the Insurance Information Institute webpage.

6/29/09 QUOTE – “It is absurd that a man should rule others, who cannot rule himself.” -Latin Proverb

by P. Lewis Robinson
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Jun
29

6/26/09 QUOTE – “Greet each new sunrise with joy, and you will greet each sunset with peace.”

by P. Lewis Robinson
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Jun
29

6/24/09 QUOTE – “Freedom is not the ability to run from our responsibilities, but the courage to soar toward our possibilities.”

by P. Lewis Robinson
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Jun
29

6/22/09 – Making Work Pay Tax Credit

by P. Lewis Robinson
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Jun
29
The Making Work Pay tax credit is a new credit worth up to $400. This tax credit is temporary and will only be in effect for 2009 and 2010. This credit has already been factored into the withholding tables used to calculate how much tax to deduct from your paycheck.
 
The credit is worth 6.2% of an individual’s earned income, with a maximum credit of $400 per person. Married couples who file a joint tax return thus have a maximum credit of $800. 
 
*People working more than two jobs and who expect to earn more than $75,000, as well as people receiving Social Security benefits AND working may need to review their withholding with their accountants to be sure that they do not have too little withholding.

6/22/09 QUOTE – “If you have built castles in the air, your work need not be lost.; that is where they should be. Now put foundations under them.” -Henry David Thoreau

by P. Lewis Robinson
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Jun
29

6/17/09 QUOTE – “We must not leave goodness up to others. If each person waits for the next to take a step, the world may die while we stand in line.”

by P. Lewis Robinson
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Jun
17

6/15/09 QUOTE – “If we command through intimidation, we may create followers. But if we lead through gentle strength, we will build good leaders.”

by P. Lewis Robinson
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Jun
15

06/15/09 – Built-In Gains Period Reduced by 2009 Economic Recovery Act

by P. Lewis Robinson
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Jun
15

The built-in gains tax applies the highest corporate tax rate (currently 35%) when a C Corporation elects to become an S Corporation, which absorbs “built-in gains” into its income.  Built-in gains are items for which a former C Corporation had accrued an economic benefit when it became effective as an S Corporation.  Typically, property and any other appreciated items contribute to built-in gains.  For example, if a corporation owned a piece of land worth $200,000 when it became an S Corporation, and the land had a basis of $120,000, the built-in gain would be $80,000.
 
Generally the built-in gains period extends to the corporation’s first 10 years as an S Corporation.  Therefore, companies often avoid selling any items subject to the built-in gains tax until the ten year period has expired.  However, the 2009 Economic Recovery Act has reduced the period to seven years for the 2009 and 2010 tax years.  Essentially, companies that became S Corporations in 2002 and 2003 will no longer be subject to the built-in gains tax in 2009 and 2010, respectively.

6/12/09 QUOTE – “Nothing takes the taste out of peanut butter quite like unrequited love.” -Charlie Brown

by P. Lewis Robinson
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Jun
12

Charlie-brown-valentine