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Unemployment Insurance

This is a guest post written for Maryland Chamber members by Ron Adler, President and CEO of Laurdan Associates and Chair of the Maryland Chamber Unemployement Insurance Subcommittee. For more information, contact Ronald Adler, president-CEO, Laurdan Associates, Inc. at (301) 299-4117 or radler@laurdan.com.

Effective July 1, 2011, the “temporary” federal unemployment insurance (UI) surtax of 0.2% or $14/employee — first imposed on employers in the 1970s, and thereafter temporarily extended 8 times -— has finally expired. As a result the net federal UI tax rate drops to 0.6% from 0.8%.

That’s the good news. The bad news: the federal UI Trust Fund has borrowed tens of billions of dollars from general revenues to pay for UI benefits. This debt has to be repaid and at some point the federal UI Trust Fund, which is financed through employers’ UI taxes, has to be replenished. Among the options being considered is an increase the federal taxable wage base from the current $7,000, which hasn’t been raised for more than two decades, to $15,000.

Raising the federal UI taxable wage base has state UI tax implications, since the various states must have taxable wage bases that equal or exceed the federal taxable wage base. Raising the federal taxable wage base to $15,000 will require 34 states, including Maryland, to raise their state taxable wage bases to match the new federal minimum.

As of June 29, 2011, 29 states had borrowed more than $41 billion from the Federal UI Trust Fund and owed more $874 million in interest payments. If these loans are not repaid, interest payments become due in most states this year. And since states are prohibited from making interest payments from their regular UI taxing structure, they will have to find alternative methods to pay the interest on these loans, including imposing additional state UI taxes on employers.

Additionally for 2011, employers in most of these states begin lose to a portion of the federal UI credit reduction and will have to pay their net 2011 federal UI tax at a higher net tax rate.

Please contact me if you have any questions.

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This is a guest post written for Maryland Chamber members by Ron Adler, President and CEO of Laurdan Associates and Chair of the Maryland Chamber Unemployement Insurance Subcommittee. For more information, contact Ronald Adler, president-CEO, Laurdan Associates, Inc. at (301) 299-4117 or radler@laurdan.com.

Maryland employers will soon receive their 2011 unemployment insurance (UI) tax rate notices. Once again tax rates will range from 2.2% ($187 per employee) to 13.5% ($1,147.50 per employee). The 2011 new employer rate—except for new construction employers headquartered in another state who will be assigned a rate of 13.3%–will be 2.6%. NOTE: Employers who want information about their tax rate before the receipt of their tax rate notice may call 1-800-492-5524 and enter “16.”

While there will be no change in the 2011 tax rate or the per employee tax liability for employers that continued to be assigned either the minimum or maximum tax rates, most other Maryland employers are likely to experience significantly higher tax rates as the full effect of the recession impacts tax rate calculations. NOTE: For small and medium employers, two or three UI claims can increase tax liability by more than 200 percent.

With less than seven months remaining to influence their 2012 tax rates, employers need to review management activities to ensure the effectiveness of their UI cost controls. Four specific areas should be addressed.

1) Job descriptions and performance. In response to the recession, organizations have redefined their business objectives and goals, reengineered their workplace, downsized, and introduced new technology and methods. This has changed how jobs are performed and the required performance standards. Your organization should ensure that its job descriptions and performance standards reflect current jobs, not the jobs that used to be performed, and ensure that this new information is used in hiring decisions. Remember liability for UI claims starts at the time of hire—not when the employee is fired. If you hire an employee, who is unable to perform the job or does not meet your performance standards and you terminate that employee, your account will be charged for any benefits collected.

2) Performance management. Performance management plays a critical role in helping organizations achieve their business objectives. More than a just a scorecard of how well employees are performing their jobs, effective performance management is about taking action. Your performance management program should work with top performers on the steps they should take to move the next level in the organization or become more valuable asset, and it should provide poor performers with an action plan to improve their performance and meet your standards. Since the longer a new employee works for your organization the greater your potential liability for UI benefit charges, the more effective your performance management system is in identifying unsatisfactory performance and conduct and in either helping the employee succeed in his/her job or in helping you make the determination to separate the employee, the lower your potential UI liability.

3) Effective communication with DLLR. Employers frequently complain about claimants that have refused a job offer or have returned to work but are still collecting UI benefits. Employers are right, claimants that refuse a suitable job offer or return to work should be disqualified or denied benefits. Unfortunately some of these same employers fail to communicate this information to the Maryland Department of Labor, Licensing and Regulation (DLLR). If as employers we want to strengthen benefit integrity and reduce to amount of erroneous benefits, we have to be more active in communication with DLLR. If you know or suspect that a claimant is erroneously collecting UI benefits, contact DLLR. NOTE: DLLR is currently working with the Maryland Chamber and other stakeholders to enhance employer-DLLR communications. More information on benefit integrity issues is forthcoming.

4) Engagement. For a number of reasons, including the use UI third party administrators, employers have become disengaged from both the process and the results of UI cost management. While UI TPAs can provide cost-effective expertise in UI cost control, organizations should not abdicate control or responsibility. If your organization uses a UI TPA, it should develop performance standards against which the TPA’s performance will be measured

For more information or for assistance in assessing your organization’s 2011 tax rates or in developing effecting UI cost controls, please contact Ronald Adler, President-CEO, Laurdan Associates, Inc. 301.299.4117, radler@laurdan.com.

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DLLR’s Division of Unemployment Insurance is offering a program to assist employers experiencing financial hardship with paying their quarterly unemployment insurance taxes for the first quarter of 2010, due April 30, 2010. A similar program will be offered for the second quarter obligations due on August 2, 2010.

The payment plan options are:

Plan 1:

  • Quarterly Tax Return and Wage Report filed timely;
  • 50% of Tax paid when the Quarterly return is filed;
  • Remaining tax due is spread over three equal monthly installments, due on the last day of the next three months;
  • Note that the last installment of this plan coincides with the due date of the next quarter, and unless another payment plan is in place, the reports and tax must be filed by the due date;

Plan 2:

  • Quarterly Tax Return and Wage Report filed timely;
  • Tax due is spread over 6 equal monthly installments, with the first installment due on the Quarterly due date;
  • Note that this plan overlaps the due date of the next quarter, and unless another payment plan is in place, the reports and tax for the overlapped quarter must be filed and paid by the due date;

Plan 3:

  • Quarterly Tax Return and Wage Report filed timely;
  • Tax due is spread over 9 equal monthly installments, with the first installment due on the Quarterly due date;
  • Note that this plan overlaps the due date of the next two quarters, and unless another payment plan is in place, the reports and tax for the overlapped quarters must be filed and paid by the due date;

Plan 4

  • An individual plan as established with the Division of Unemployment Insurance.

For more information or to establish a payment plan for the first quarter obligations, contact the Skip Trace and Investigations Unit at (410) 767-2525, or email uitaxskip@dllr.state.md.us.

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The 2010 Maryland General Assembly session ended at 12 a.m. this morning. During the 90-day session the Maryland Chamber took positions on 146 of the 2,700 bills introduced. You can view all of our bill positions here and access our legislative updates here.

Here are a few items of interest from the 2010 session:

Unemployment Insurance: The biggest issue of the session for most Maryland employers was the Administration’s unemployment insurance bill (SB 107). As introduced, the legislation would have liberalized several standards for granting unemployment insurance benefits in order for the state receive a one-time payment of $127 million in federal stimulus funds. While well-intentioned, the bill would have increased state borrowing from the federal government and increased long-term costs to employers. The Maryland Chamber stood united with other business organizations to insist on amendments to the bill that contained employer costs. The resulting compromise was enacted in a manner that will qualify the state for the federal funds, strengthen the long-term health of the unemployment insurance trust fund, reduce interest on late payments, and allow employers to use payment plans to extend unemployment insurance payments this year.

Budget: The state operating budget was again balanced through heavy reliance on fund shifts and borrowing from special funds, and federal stimulus funds. Significant downside risks continue, with an uncertain economic recovery, an anticipated further loss of over $1 billion in federal stimulus funds next year, and an ongoing gap between state spending and revenues of over $1.5 billion. This could lead to pressure for increased taxes, which we think would be ill-advised on top of the $1.3 billion of new taxes adopted in 2007. The new General Assembly will face major budget decisions.

Taxes: The General Assembly resisted efforts to adopt new taxes this session. The business community worked to defeat a number of tax proposals, including legislation to extend the duration of the 6.25 percent individual income tax bracket on high wage earners and legislation to implement a corporate income tax system of unitary combined reporting. We worked to achieve passage of legislation to extend the research and development tax credit and a bill to allow small businesses with real property tax bills of less than $50,000 to pay their taxes in semiannual installments, starting in 2011.

Workplace Regulation: There were a number of bills dealing with workplace regulation. We worked to defeat legislation that would have expanded Maryland employers’ obligations under the federal Family and Medical Leave Act, prohibited employers from using an applicant’s credit history when making hiring decisions, required employers to compensate employees for jury duty and more.

Stormwater Management: The Maryland Chamber and its business allies successfully advocated changes to the stormwater regulations set to take effect in May 2010. The emergency regulations will give developers more time to complete their projects before having to meet the new, stricter stormwater management rules. The compromise will “grandfather” some additional projects that were already in the planning pipeline and also give developers additional flexibility for redevelopment projects in designated growth areas.

To review our complete 2010 session recap here.

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Unemployment Insurance Update

March 22, 2010

This is a guest post written for Maryland Chamber members by Ron Adler, President and CEO of Laurdan Associates and Chair of the Maryland Chamber Unemployement Insurance Subcommittee. For more information, contact Ronald Adler, president-CEO, Laurdan Associates, Inc. at (301) 299-4117 or radler@laurdan.com. Maryland 2010 unemployment insurance (UI) taxes have gone up. The majority of [...]

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Maryland Chamber Supports Amended Unemployment Insurance Bill

March 1, 2010

The Maryland Chamber’s Legislative Committee voted this afternoon to support an amended version of the unemployment insurance bill (SB 107). The committee took action after reviewing a draft of the amended bill and meeting with Senate Finance Committee Chairman Thomas McLain (Mac) Middleton (D-Dist. 28) and Senate Minority Leader Alan H. Kittleman (R-Dist. 9), a [...]

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This Week in Annapolis – Jan. 29, 2010

January 29, 2010

Here are some of this week’s legislative updates from the Chamber Action Network blog: Chamber Supports Extension of R&D Tax Credit The Maryland Chamber believes the R&D tax credit is an important incentive for the state to compete with other states in attracting and retaining manufacturing operations and technology companies Lawmakers Urge Business People to [...]

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This Week in Annapolis – Jan. 22, 2010

January 22, 2010

Here are some of this week’s legislative updates from the Chamber Action Network blog: State Budget Flat, But Shaky Some initial thoughts on the state budget from Maryland Chamber Vice President of Government Affairs Ron Wineholt. UI Bill Hearing is Next Week The Maryland Chamber of Commerce opposes the Administration’s proposal to modify Maryland’s unemployment [...]

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Chamber Opposes UI Tax Proposal

December 19, 2009

The Maryland Chamber of Commerce opposes the Administration’s proposal to modify Maryland’s unemployment insurance (UI) system to permanently expand eligibility and benefits in order to obtain one-time federal stimulus funds. “We’re looking at more people collecting for longer periods of time with increased eligibility and perhaps higher benefit amounts. That’s not a recipe that’s sustainable,” [...]

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Maryland Employers Face Hefty UI Tax Increase

October 1, 2009

Maryland employers will face significantly higher unemployment insurance (UI) tax rates beginning next year. Tax rates will increase for all employers, but the specific tax rate an employer pays is determined by the employer’s individual experience, factoring in whether the employer had laid off any employees in the past year. In Maryland, the first $8,500 [...]

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