Is Trump’s ban on immigrants a ban on business too?

Whether you agree with President Trump’s policies or not, everyone can agree that the new President has definitely started his first term in office with plenty of sound and fury. Whether it signifies nothing or not is yet to be seen. However, many business owners are wondering how his ideology and campaign agenda will affect business. Are they looking at massive changes in regulations, hiring practices, insurance laws or is it just going to be business as usual?

Trump claims to be a friend of business; his recently signed executive order pledging to repeal two existing regulations for every new one, a promise to reduce business tax rates to 15%, his appointment of Linda McMahon to the SBA, Scott Pruitt to head the EPA and nominating Neil Gorsuch to the Supreme Court all seem to indicate he is moving in that direction.  NFIB CEO and President commended Trump on his address to Congress (2.28.17), stating “President Trump delivered a very strong economic message that hit the right notes,” regarding tax reform, repealing the affordable care act and reducing business regulations.

But its Trump’s other agenda, i.e., his crackdown on illegal immigrants that has some businesses worried. Trump’s push to tighten our borders may provide some unanticipated challenges for business owners, they include:

  1. The controversial travel ban to the U.S. from specific countries
  2. A limit on H-1B and other visas allowing foreigners to come to the U.S. to work
  3. Stricter enforcement of the E-Verify system that is meant to screen these workers.

As such, many businesses are wondering how Trump’s immigration plans will affect their staffing strategies, business travel and expansion plans.

Trump is suggesting that this crackdown and his “America first” agenda is meant to create new jobs, but many are skeptical if that will truly be the case.  While we tend to think of immigrants taking low paying jobs and therefore having little effect on business, according to a recent survey conducted by Envoy, an immigration service provider, 63% of U.S. employers describe foreign workers as being extremely important to their company’s recruiting and hiring strategies.  Many would be surprised to know that a majority of new patents in the U.S. are registered by non-U.S. citizens.

Additionally, immigrants have been responsible for some of the most successful U.S. startup companies, which in turn, has created many jobs for U.S. citizens.

Foreigners have always been a crucial source of talent across all industries, and if qualified options are not available in the U.S. talent pool, companies may be looking to move or expand their offices outside of the U.S. or outsource some of their tasks to foreign companies.  In addition, companies will be hesitant to send current employees to overseas conferences, short term assignments or client meetings, further limiting a company’s growth potential.

Additionally, Trump’s strict policies have more dire consequences, says immigration lawyer, Austin T. Fragomen Jr., (Fragomen, Bernsen & Loewy), “making the U.S. an undesirable location because of the unpredictably, sends a very negative message,” and will further scare qualified foreign workers from taking U.S. jobs.  Giselle Carson, a corporate lawyer who litigates for many companies employing immigrants, echoes this sentiment, stating, “The Trump administration actions sends a message to talented foreign nationals that ‘You’re not welcome,’  and we don’t want to send a message that we’re closing our doors and closing our borders.”

This leaves many businesses wondering, what’s a company to do in the face of Trump’s obvious commitment to his hard stance on immigration?  While the uncertainty at this time makes it difficult to come up with a concrete plan, there are several things a business owner can do right now to ensure that if the immigration hammer does fall, he is not left crushed by it.

  1. Make sure you are up to date on immigration policy, including not just hiring policy, but firing policy, as well, which can have additional ramifications to the firing of an U.S. Citizen.
  2. Know the legal status of all your foreign employees, including being on the lookout for discrepancies in any employee’s information. Employers have an obligation to verify the identity and visa status through the I-9 process. While this process is old news, the increased enforcement, with risk of imprisonment for not complying is relatively new and can have dire consequences for a business owner. Businesses should be aware that as of this January, a new I-9 form has been introduced, which will most likely mean more government scrutinization, inter-agency cross referencing and stricter enforcement.
  3. Many recruiting firms suggest using these immigration policy changes as an opportunity to train and create better workers from your current talent pool.

Seems a bit overwhelming, no?

This is of course where a PEO comes into play. (You had to know a PEO was going to come up at some point.)  Partnering with a PEO to provide your HR solutions can help you with all of the above items. Through providing assistance with recruiting and hiring, a PEO can help you strategize to hire qualified employees from the U.S., along with generous employee benefit packages that PEOs can provide can also help attract and retain these employees.  A PEO firm stays on top of immigration law, so you don’t have to, ensuring that you’re always compliant. It is always a good idea to reach out to your PEO to review your current immigration and policy procedure to ensure compliance and to review any new and/or applicable laws that may pertain to your specific workforce.

Finally, through offering employee training programs, a PEO can help you build up a better workforce internally, which may be the direction business owners are going to need to begin considering.

So while Trump definitely does seem to be a great friend to business, we can only hope that he keeps in mind how his need to “build a wall” can and will affect U.S. businesses.

Unleashing the Power of Your PEO

By: Shraga Jacobowitz

So, you’ve just joined a PEO or perhaps you’ve been part of a PEO for a while already. We’re sure you’re happy to have all the nitty gritty of your Human Resources department off your plate, (after all you didn’t start your business to become a Human Resource manager).

But, are you sure you’re really taking full advantage of your PEO partnership?

If you’re simply using a PEO to handle your human resources needs such as benefit packages, insurance, liability and risk management, to name a few, the answer to that questions is a resounding NO!

When partnered with the correct PEO, your company should not only be benefiting from the ability to handle your current needs, but should be able to leverage this partnership to gain top talent, maximize the potential of your current workforce and prevent employee turnover.

The primary reason a company chooses a PEO, over, for example, outsourcing their HR management jobs is because PEOs are a co-employment arrangement allowing companies to maximize their benefits without losing control of their employees. Thus, the partnership should be geared to helping your company, not only maintain control of, but getting the most out of your workforce.

So, how does a company leverage their PEO to maximize their workforce potential?  Here’s three ways your company can use your PEO partnership to do exactly that.

  1. Offer attractive benefit packages. In the changing market of millennial hires, attracting top talent is about more than just the paycheck. Potential employees are looking for great employee benefit packages as well.  And these new hires want it all….the best health insurance plans, a retirement plan that makes sense, life insurance, etc.  Because PEOs aggregate employees from multiple companies, partnering with the right PEO allows you to offer the benefit package of larger corporations at competitive prices.  The PEO’s ability to leverage the combined amount of employees also allows you to offer flexible benefit packages, so you can create the perfect match for your employees’ needs and lifestyle.

So how do you ensure you’re offering your current and potential employees the best packages? When discussing benefit packages, make sure your PEO is offering you and your employees the following:

  • A wide range of options for each employee to choose from.
  • Coverage for new hires with little or no waiting period.
  • A stable health care provider network with an updated administration system.
  • Familiarity with your needs, including a mastery of the complex issues associated with a dispersed workforce, if you are looking to expand out of state or overseas.
  • And finally, make sure that your PEO partners only with companies that resemble your own industry and workforce profile. In this way, your low risk business isn’t being lumped together with high risk companies, or high wage employees with blue collar employees, which can cause your insurance rates to rise and benefit packages to be limited.
  1. Take advantage of professional development and employee training opportunities. Many PEOs offer live/on-site, virtual/video or other learning opportunities for your employees so that they can develop their skills and expand their knowledge and expertise. The ability to offer such development and training is a great way to attract potential employees as well as utilize the full potential of your current ones. Make sure to ask your PEO about such opportunities so that you can take full advantage of what they have to offer.
  1. Utilize their HR professionals. While all PEOs have HR professionals on staff, when you choose a PEO to partner with, make sure that their pros understand YOUR business.  With the right HR professional in your corner, they can help you anticipate and resolve problems before they even develop. These pros can also help you with the interview, training, performance management processes so that you’re assured that you’re hiring the best employee for your business and its potential growth.

An added benefit to having HR pros on your side….it’s their job to stay on top of new regulations and compliance issues, so you don’t have to.  Keeping you up to date, notifying you of and dealing with any regulation and/or compliance changes should be part of your PEO package. Again having pros who understand YOUR business, ensures that they’re aware of any and all regulations or compliance laws that affect YOU specifically allowing you to always be on top of your game.

Taking advantage of these three points are just some ways to maximize your benefits from your PEO partnership.  Knowing all the benefits that can be gained from the PEO partnership is an important component of maintaining your PEO partnership.  Whether you’ve been partnered with a PEO for one day or for several years, reviewing the benefits you’re currently receiving and exploring others that you’re not, can definitely maximize what you are getting out of your PEO partnership.

That way, when you’re asked next whether you know if you’re taking full advantage of your PEO partnership or not, you can answer a resounding YES with absolute certainty.

Not sure how to take the next step in taking full advantage, ARC Consultants can help you review your current PEO and ensure that you are.  Give us a call or email to see how we can assist you in maximizing your benefits.

Will TrumpCare trump the need for PEO’s?

By: Shraga Jacobowitz

Donald Trump has been saying from Day One of his campaign that if he is elected President, one of his first acts will be to repeal ObamaCare.  Combined with Trump’s hard stance on immigration, a staple of Trump’s campaign platform which can affect some business’ hiring policies, business owners are left to wonder how the new administration will affect their HR, insurance coverage and benefit packages. After Trump’s shocking (shocking to Hillary staunch supporters, at least) win, experts are not so surprised to hear that Trump doesn’t plan to repeal the Affordable Care Act (ACA) in its entirety. Trump stated to The Wall Street Journal that he would consider keeping two of [ACA’s] most popular provisions, hinting that a complete repeal and replace is not in the future plans.

In all honesty, repealing Obamacare is not as simple as Trump’s platform had suggested. As a report released by PricewaterHouse Coopers last week stated, “The White House is just one part of a much larger machine. To really put his stamp on health policy, Trump must work with a patchwork of federal lawmakers, regulatory agencies, trade and advocacy groups and the Supreme Court.”  In other words, change to the Affordable Care Act are going to be long and slow in coming.  In addition to the holdup that will occur with Trump needing to work with these various institutions, his administration will definitely balk at the political ramifications of leaving over 20 million people suddenly without coverage. Without a viable replacement proposal that can lower the number of Americans left without coverage, repealing ObamaCare is in no way going to be as instantaneous as Trump’s campaign rhetoric indicated.

In fact, as the Obama administration was quick to report via Twitter the day immediately following Trump’s election, many Americans are still enrolling on The Exchange.:

“Best day yet this Open Enrollment. Nov 9: Over 100K plan selections on . Consumers shopping & enrolling. #GetCovered

While an entire repeal and replace is not in the immediate works, the Republican administration can deliver on Trump’s campaign promises through several smaller changes, which may include, but are not limited to:

  1. Stopping the Legal Fighting: While the outgoing administration has been appealing both the ruling stating that it is illegal to pay insurance companies to help keep health insurance costs down for low income clients and fighting lawsuits against the mandate that employers pay for birth control for women covered under insurance plans, the Republicans would be smart to drop the appeals and stop the fighting, upholding the Federal court’s May decision and making Conservatives happy.
  1. Exchanging the Exchange: The web-based system for buying health insurance has been highly unpopular and unnecessary. Trump has put forward the idea of allowing people to buy health insurance across state lines that could lower costs by creating more competition. 
  1. Repealing the Mandate: While not repealing the entirety of ObamaCare, the Trump administration may target the individual mandate to buy health insurance and employer mandate to offer insurance to employees (business over 50 employees), which has proven extremely burdensome on small to mid-level companies. However, targeting the individual mandate, may have one caveat. Experts warn that if Trump decides to uphold the regulation that carriers must accept preexisting conditions, then by default he will also need to uphold the individual mandate to buy insurance as well. Keeping the former without the latter will simply cause a devastating dynamic where Americans will not buy insurance until they actually need it. 
  1. Doing NOTHING: That’s right, the easiest way for the Trump administration to steamroll ObamaCare is simply to stop promoting open enrollment on the Exchange. Timothy Jost, a professor emeritus at the Washington and Lee University School of Law and an expert on health care policy explains why, stating, “It has been a full court press by the Obama administration since 2010 to get this thing implemented and it has taken a Herculean effort. As soon as it stops moving forward, it could start moving backward pretty quickly. Almost just by doing nothing, there could be some very negative effects.”

But Jost also has a word of warning for those Americans and business owners who feel that Trump’s win means an end to the troubles ObamaCare has caused, stating, “Frankly, everything that has gone wrong with the health care system for the past six years has been blamed on ObamaCare,” Jost says. “Everything that goes wrong with the health care system for the next four years will be blamed on TrumpCare. People who think we can just repeal Obamacare and everything will be great are in for a very, very, very rude surprise.”

So whether the Trump administration delivers on overall change (repeal & replace, which isn’t looking very likely) or implements smaller changes (meaning we won’t be seeing the end of ObamaCare just yet), businesses will need to be able to navigate the complicated health insurance regulations that can affect them. And despite how Trump will fulfill his campaign promise (which still remains to be seen), the fact remains that every new administration brings with it change that impacts both employer and employees. Having the resources, strength & security that a PEO provides behind your company’s insurance & benefit packages, can help your company weather whatever change Trump’s administration does end up implementing.

Furthermore, using an independent PEO consultant during these times of healthcare and policy uncertainty, can ensure minimal upheaval with whatever changes may be coming down the pipeline. As the Trump administration unfolds their plan for a “better” health care system, a PEO consultant stays up to date with the changes and new regulations so that they can ensure that their clients’ PEOs are still working for them regardless of the new political climate.



Check out ARC Consultants HR related statistics:

Statistic # 121 – HR related tasks contribute to 25-35% of the average business owner’s time or their key personnel.

Statistic # 122 – 35% of CEOs said it is an absolute necessity for HR managers to be “proficient” in workforce analytics.

Statistic # 123 – More than 3,000,000 workplace injuries occur each year in the US.

Statistic # 124 – Workplace injuries cost U.S. businesses nearly $250 million each year.

Statistic # 125 – Employees that are satisfied with their employee benefits are almost 4X more satisfied with their jobs.

Statistic # 126 – Being proactive in creating a safe workplace can yield up to a $6.15 return on each dollar invested.

Statistic # 127 – A $1,000 Workers Comp claim can potentially cost an employer over $5,000.

Statistic # 128 – On average, there are 12 workplace death accidents per day in the U.S.

Statistic # 129 – Companies with fewer than 20 employees have 60% higher compliance costs.

Statistic # 130 – 7-25% of a small business owner’s time is spent handling employee paperwork.

Statistic # 131 – 36% of surveyed companies have had problems retaining employees in the past 12 months.

Statistic # 132 – 33% of surveyed companies had used benefits to retain employees in the past year.

Statistic # 133 – 90% of respondents reported increases in their health plan premiums.

Statistic # 134 – 80% of the companies surveyed used healthcare benefits to keep employees in the past year.

Statistic # 135 – The average small business owner is now spending as much as 13 hours a month to comply with ACA (Affordable Care Act).

Statistic # 136 – 57% businesses surveyed offered retirement savings benefits to help retain employees.

Statistic # 137 – According to the U.S. Bureau of Labor Statistics the average employer pays about 70% of an employee’s health insurance premium.

Statistic # 138 – 20% of surveyed companies said their health insurance premium increase exceeded 20%.

Statistic # 139 – 40% of employers in the United States report difficulty filling certain jobs.

Statistic # 140 – 40% of HR functions are being restructured.

Statistic # 141 – Businesses across the US have a nearly 12% chance of an employee legal action.

Statistic # 142 – 6 in 10 companies plan to increase spending on HR in the next 12 to 18 months.

Statistic # 143 – Almost 50% of all HR departments will be restructured in 2015 or 2016.

Statistic # 144 – 40% of small businesses incur IRS penalties.

Statistic # 145 – An average employee legal case against a mid-sized employer takes 275 days to resolve and carries a cost of $125,000.

Statistic # 146 – 48% of companies that partnered with a PEO made that decision to lower healthcare benefit costs.

Statistic # 147 – 40% of companies that partnered with a PEO made that decision because of the need to focus on their core business.

Statistic # 148 – 38% of companies that partnered with a PEO made that decision in order to offer quality HR service to assist in recruiting and retention.

ARC Consultants is a PEO consulting firm, we broker out PEO services for all the leading PEO companies. We have exceptional knowledge in the industry, and all the latest products. With our expertise and knowledge, we are able to better understand our client’s needs and concerns and assist them in navigating through the complexities of making the correct decision in partnering with a PEO. We assist our clients in finding them the PEO that best suits their specific needs. We as well, negotiate on their behalf and service them throughout our relationship. We maintain exceptional relationships with our PEO providers and thereby we have the ability to service our client’s needs and advocate on their behalf.

Reach out to ARC Consultants now, so we can start assisting you in finding the solution that’s just right for you……

For more statistics and the latest in the PEO industry follow us on LinkedIn.

Now You Know!!


Check out ARC Consultants HR related statistics:

Statistic # 91 – The DOL enforces over 180 Federal laws affecting 10 million employers and 125 million workers.

Statistic # 92 – Client’s outsourcing multiple functions to a single vendor save 32% over those using multiple vendors.

Statistic # 93 – . Payroll and taxes is ranked the #1 administrative burden among businesses.

Statistic # 94 – 35% of HR managers spend more time now on human capital management related to compliance than they did 2 years ago.

Statistic # 95 – Companies that partner with a #PEO have nearly a 10% higher employment growth rate, than companies not with a PEO.

Statistic # 96 – Companies that partner with a #PEO save on average 21% on HR and administration than companies not with a PEO.

Statistic # 97 – 40% of businesses that use a #PEO upgrade their benefit packages.

Statistic # 98 – PEOs improve the work environment and increase safety by 20%.

Statistic # 99 – There is a 33% lower employee turnover at companies that partner with a #PEO.

Statistic # 100 –At ARC Consultants we strive to deliver to our client’s responsive, competent and unparalleled 100% satisfactory service.

Statistic # 101 – 48% of CEOs surveyed said their companies had lost money because of inefficient hiring processes.

Statistic # 102 –65% of executives say that HR opinions carry greater weight with senior management, the need for their HR teams to come forward with data-driven, competitive approaches and efficient technologies is more critical than ever.

Statistic # 103 – Only 58% of business owners know how to effectively drive down costs, and only 22% have been able to execute an action plan.

Statistic # 104 – Employees who are very satisfied with benefits are almost 4x more likely (81% versus 22%) to be very satisfied with their jobs.

Statistic # 105 – 9 in 10 employers say they are facing increases in the premiums they pay for employee health plans.

Statistic # 106 – Nearly 25% of employers are seeing health benefit rate increases in the double digits.

Statistic # 107 – The top employee benefits concern among employers, is the continued rise in the cost of providing group medical coverage for employees.

Statistic # 108 – 67% of employers are cost-shifting the rise in healthcare costs to employees.

Statistic # 109 – About 50% of employers say they are considering changing health carriers to condense costs.

Statistic # 110 – Despite the increasing cost pressures, 97% of companies say they plan to continue providing employer-sponsored coverage to employees.

Statistic # 111 – 75% of employment practices claims are groundless – but still require significant expense to defend.

Statistic # 112 – 90% of CEOs say it is important for HR managers to be “proficient” in workforce analytics.

Statistic # 113 –10% of small business owners cite that the most difficult aspect of running a business is hiring and managing a staff.

Statistic # 114 – 57% of employees said they’re likely to accept jobs with slightly lower compensation but better benefits.

Statistic # 115 – The price tag of a “bad hire” has cost some U.S. companies more than $50,000.

Statistic # 116 – That a third of business owners say they’ve experienced fines and penalties for non-compliance with government regulations.

Statistic # 117 – Employees whose bosses encourage them to take breaks during the day are 81% more likely to stay in their jobs.

Statistic # 118 – 41% of business owners hiring in the last 3 months reported few or no qualified applicants.

Statistic # 119 – 80% of CFOs say they feel powerless when it comes to managing their company’s healthcare spending.

Statistic # 120 – A recent survey found that 52% of employees expect their employer to pay at least 80% of the cost of their medical insurance.

ARC Consultants is a PEO consulting firm, we broker out PEO services for all the leading PEO companies. We have exceptional knowledge in the industry, and all the latest products. With our expertise and knowledge we are able to better understand our client’s needs and concerns and assist them in navigating through the complexities of making the correct decision in partnering with a PEO. We assist our clients in finding them the PEO that best suits their specific needs. We as well, negotiate on their behalf and service them throughout our relationship. We maintain exceptional relationships with our PEO providers and thereby we have the ability to service our client’s needs and advocate on their behalf.

Reach out to ARC Consultants now, so we can start assisting you in finding the solution that’s just right for you……

For more statistics and the latest in the PEO industry follow us on LinkedIn.

Now You Know!!


Check out ARC Consultants HR related statistics:

Statistic # 61 – Did you know?? 71% of employers believe the costliest years of complying with PPACA lie ahead.

Statistic # 62 – In response to ACA challenges 70% of midsized employers are shifting costs to employees.

Statistic # 63 – 19% of surveyed employers think general administrative costs will be the top compliance-related cost-drivers in the years to come.

Statistic # 64 – Only 12% of employees are extremely satisfied with their benefits, and only 14% believe their benefits package meets their current family needs extremely well.

Statistic # 65 – According to a recent study by the DOL 90% of business are not in compliance.

Statistic # 66 – The U.S. Department of Labor estimates that approximately 70 percent of employers violate the FLSA’s classification requirements.

Statistic # 67 – Last year, employers paid out $18 million in penalties to 19,000 misclassified workers. Under federal law, an employee’s specific job duties and salary must meet all the requirements of the Department of Labor’s regulations.

Statistic # 68 – 96% of employers plan to continue to offer employer sponsored health care coverage, despite the fact that they feel #ACA has had a negative impact on their organization.

Statistic # 69 – 27% of employers believe the largest cost increase under #ACA will occur in 2018, when the Cadillac tax kicks in.

Statistic # 70 –  50% of employers believe their current plan would trigger the Cadillac tax, but only 3% say they plan to pay it in.

Statistic # 71 –  70% of midsized and 80% of large businesses, are shifting costs to employees, by changing or increasing employee co-pays due to #ACA challenges.

Statistic # 72 – 29% of midsized companies capped part time hours to manage their ACA costs.

Statistic # 73 – 54% of midsized and 49% of large businesses are not prepared to manage IRS annual ACA health care reporting.

Statistic # 74 –  30% of midsized companies reported unexpected expenses – such as fines, penalties and lawsuits – in the past 12 months as a result of noncompliance.

Statistic # 75 – 47% of employees surveyed stated that improving their benefits packages is one thing their employers could do to keep them in their job.

Statistic # 76 – Companies that join a #PEO have a 21% savings on HR Administration.

Statistic # 77 – According to a new report by the DOL, every 3.5 seconds a labor law changes.

Statistic # 78 – 97% of companies that partnered with a #PEO through ARC Consultants had a significant savings with their Workers’ Compensations costs.

Statistic # 79 –  A recent survey finds that 70% of business leaders are concerned about their access to employees with key skills to grow the business, and 53% of these business leaders report that their HR department is not prepared to find, develop, and source new talent.

Statistic # 80 – A recent survey finds 75% of surveyed companies are currently in the process of researching ACA solutions options.

Statistic # 81 – A recent survey finds that only a little over 15% of companies are confidently prepared for the ACA reporting mandates.

Statistic # 82 – The PEO industry is growing by over 15% annually.

Statistic # 83 – 59% of businesses with fewer than 1,000 employees, and 60% of businesses with fewer than 100 employees plan to invest in human resources technology this year.

Statistic # 84 – There are roughly 900 PEO companies in the US today.

Statistic # 85 – HR tasks can cost up to 8.5% of your annual gross payroll.

Statistic # 86 – 75% of companies are struggling to attract and recruit the top people they need.

Statistic # 87 – 88% of employees do not have a passion for their work.

Statistic # 88 – 30% of small business owners wear 5 to 6 hats a day.

Statistic # 89 – PEO clients are 28% more satisfied with their selection of healthcare benefits.

Statistic # 90 – Affordable Care Act (ACA) administration and compliance costs an average of $15,000 per year.


ARC Consultants is a PEO consulting firm, we broker out PEO services for all the leading PEO companies. We have exceptional knowledge in the industry, and all the latest products. With our expertise and knowledge we are able to better understand our client’s needs and concerns and assist them in navigating through the complexities of making the correct decision in partnering with a PEO. We assist our clients in finding them the PEO that best suits their specific needs. We as well, negotiate on their behalf and service them throughout our relationship. We maintain exceptional relationships with our PEO providers and thereby we have the ability to service our client’s needs and advocate on their behalf.

Reach out to ARC Consultants now, so we can start assisting you in finding the solution that’s just right for you……

For more statistics and the latest in the PEO industry follow us on LinkedIn.

Time for Change…..

Mark your calendars for January 1, 2016

On this date, the small group employer definition will change from 2 to 50 employees to 1 to 100 employees, which will ultimately impact your company.


  • Fewer Choices and Rate Increases Will Cause Disruptive Renewals.
  • Your health benefit premiums are likely to increase.
  • Your renewal process will be complex and painful.
  • You may experience significant disruption in their plan designs and contribution strategy.


Act Now to Lessen Impact.

Minimize the pain and partner with a Professional Employer Organization (PEO). Partnering with a PEO is the perfect opportunity to eliminate the impact of this definition change. A PEO offers large group innovative benefits–and many different ACA-compliant plan designs to choose from–which not only alleviate the burden and pain you are facing with regards to ACA regulations, but also assists you in delivering competitive healthcare and employee benefit options that meet your company’s needs, to attract and retain top talent.

Reach out to ARC Consultants so we can start assisting in finding the solution that’s just right for you…..

The Small Business Efficiency Act (SBEA) and It’s Effect To The PEO Industry  

Dec. 22, 2014 – PRESIDENT SIGNS LEGISLATION DEFINING PROFESSIONAL EMPLOYER ORGANIZATIONS IN THE FEDERAL TAX CODE. President Obama signed the Small Business Efficiency Act (SBEA), shortly after the Senate approval on December 19th, 2014. The SBEA constructs a certification process for PEO’s within the Internal Revenue Service, and makes it easier and safer for small businesses to use PEOs to fulfil their employment tax obligations. Effective Jan. 1, 2016, the Act will impact several aspects of PEOs. Recognition Means PEOs Can Help More Small Businesses Grow and Thrive.

The National Association of Professional Employer Organizations (NAPEO) today hailed President Obama’s signing of tax extenders legislation that included provisions defining professional employer organizations (PEOs) in the federal tax code and creating a voluntary certification program for PEOs within the IRS. PEOs provide comprehensive HR, benefits, tax administration, and compliance services for small and mid-size businesses. “This is an historic moment for the PEO industry because Congress has now formally codified PEOs within the tax code and recognized the key role PEOs play in helping small businesses grow and thrive,” said NAPEO President and CEO Pat Cleary. “The certification program created by this legislation provides added assurance to small business owners who want to turn to a PEO to handle their employment tax issues and back office administrative and HR tasks.”

The legislation (the Small business Efficiency Act/SBEA) creates a voluntary certification program for PEOs within the IRS. To become IRS-certified, a PEO would have to meet financial standards (including bonding and independent financial audit requirements) and satisfy reporting obligations and other appropriate standards set by the IRS. Once certified, a PEO would take on sole liability for the collection and remission of federal employment taxes for worksite employees. Small and mid-sized businesses that contract with certified PEOs would be assured that they would not be liable for employment taxes once they remit their employees’ tax withholdings to the PEO.

The key champions of the bill were Reps. Kevin Brady (R-TX) and Mike Thompson (DCA), and Sens. Chuck Grassley (R-IA) and Bill Nelson (D-FL). “Now that the bill has been signed, we look forward to rolling up our sleeves and working with the administration to develop an effective regulatory framework. Our hope is that the process will begin soon since the bill language provides a relatively tight implementation timeline,” said Cleary.

According to NAPEO approximately 250,000 businesses use PEOs, and PEOs provide access to healthcare coverage for as many as six million people. Through a PEO, the employees of small businesses gain access to employee benefits such as 401(k) plans; health, dental, life, and other insurance; dependent care; and other benefits typically provided by large companies. According to a recent study, by noted economist Laurie Bassi, businesses in a PEO arrangement grow 7-9 percent faster, have 23-32 percent lower employee turnover, and are 50 percent less likely to go out of business than companies not using a PEO.

What Does the SBEA do for the PEO industry?

  • Creates a certification process for PEOs within the IRS;
  • Gives certified PEOs (CPEOs) the clear statutory authority to collect and remit federal employment taxes;
  • Eliminates the wage base restart for PEO clients join or leave a PEO relationship; and,
  • Codifies that customers of CPEOs will qualify for specified federal tax credits that the customers would be entitled to claim if there were no PEO relationship.

Next Steps…..

  • The IRS must issue regulations to implement the SBEA. The regulations to implement the certification program must be issued by July 1. Any additional regulations implementing the SBEA must be issued by the IRS no later than January 1, 2016.
  • The SBEA become effective on January 1, 2016.

Additional Material on the SBEA

  • A copy of the SBEA legislative language can be found here.
  • Background material from the House of Representatives on the ABLE Act (which contains the House Ways and Means Committee analysis of the SBEA) can be found here.

To learn more about the passage of the SBEA and what it means for the PEO Industry, view NAPEO’s one page summary here: