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2008 Employer Seminars Intro to: ECORE. Roger Holmes – Benefits Bureau Chief Roger.Holmes@labor.idaho.gov 332-3577 ext 3233 Craig Soelberg – Wage & Hour Compliance Office Craig .Soelberg@labor.idaho.gov 332-3570 ext 3922 John Taylor, Operations Manager John.Taylor@labor.idaho.gov

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slide2
Roger Holmes – Benefits Bureau Chief

Roger.Holmes@labor.idaho.gov

332-3577 ext 3233

Craig Soelberg – Wage & Hour Compliance Office

Craig.Soelberg@labor.idaho.gov

332-3570 ext 3922

John Taylor, Operations Manager

John.Taylor@labor.idaho.gov

332-3576 ext 3258

Robert Courval, ECORE Project Manager

Robert.Courval@labor.idaho.gov

Unemployment Insurance Division

unemployment insurance facts calendar year 2007
134.4M US covered workers +2.3%

654,000 Idaho covered workers +5.5%

7.62 million employers were subject +2%

51,000 +2%

16.9 million initial claims filed +3%

95,412 +15%  

7.6 million received a first benefit check +7%

45,360 received a first benefit check +10%

$32.4 billion paid in benefits +7%

$123,992,000 +9%

$287.71 average weekly benefit amount +4%

$254.97 +5%

15.3 weeks - average duration +1%

11.6 +3%

Unemployment Insurance Facts Calendar Year 2007
slide7
Idaho Department of Labor

Our 25 Local Offices serve Business and Job Seeker Customers!

workforce services
Recruiting Employees for Business

Referring Workers to Jobs and Training

Workforce Services
workforce services9
For Business Customers

Online posting of job openings

Referral of qualified candidates

Knowledgeable staff to assist with recruiting

Office space for hiring events

Business development workshops

Local employer committees offering education & networking sessions

No fees

Workforce Services
workforce services10
For Job Seeker Customers

Access Job Listings

Career Guidance

Job Search Workshops

Computers, faxes, and copies for job search purposes

Services for Veterans

Youth Services

Layoff assistance

Workforce Services
workforce services12
Labor Market Information

Unemployment rate information

Workforce trends

Wage Data

Demographic information

Industry Statistics

Workforce Services
workforce services13
Employee Training

Workforce Development Training Fund

Workforce Investment Act Funds

www.labor.idaho.gov

Workforce Services
for more information
Calendar of Eventswww.labor.idaho.gov

Visit one of our 25 local offices statewide

For more information…
slide16

Unemployment Insurance Benefit Payment Systems

Unemployment Insurance

Benefits Bureau

Roger Holmes, Bureau Chief

Roger.Holmes@labor.idaho.gov

what is a base period
First four of the last five completed quarters.

(Current quarter and the most recently completed quarter have not been reported.)

What is a Base Period?
chargeability and liability
Chargeability and Liability

Two Kinds of Employers:

  • Cost Reimbursement, and
  • Experience Rated
how is chargeability decided
Determine

The Base Period

The Major Base Experience Rated Employer (MBE)

The cause of the final separation from the MBE

How is Chargeability Decided?
experience rated employers
For profit entities

Tax rate based on employer’s experience

Can be relieved of charges

Experience Rated Employers
what is the major base employer mbe
Experience-rated employer

Paid the most wages during the base period

Not always the most recent employer

What is the Major Base Employer (MBE)?
cost reimbursement employers
Non-profit organizations

(501c3)

Government Agencies

schools, hospitals, cities and counties, etc

Do not pay a quarterly tax

Reimburse the fund for benefits paid

ALWAYS liable

Cost Reimbursement Employers
slide23
CURRENT BASE PERIOD

TOTAL

BP

WAGES

EMPLOYER

NAME Jan-Mar 06

Wages Apr-Jun 06

Wages Jul-Sept 06

Wages

Oct-Dec 06

Wages

ABC

(Exp Rated)

MBE

3,000

5,000

5,000

5,000

18,000

GHI

(Exp Rated)

2,200

5,000

5,000

5,000

17,200

TOTAL QTRLY WAGES

5,200

10,000

10,000

10,000

35,200

filing and notification
Claimant files a claim via

Internet

Idaho Department of Labor office

Employer Notification letter sent (Quit, Discharge, or Lack of Work)

Local office staff follow-up

Phone call within 7 business days

Filing and Notification
burden of proof
Discharge

Employer is the moving party

Employer must prove misconduct

Employer has the Burden of Proof

Quit

Claimant is the moving party

Claimant must show good cause

Claimant has the Burden of Proof

Burden of Proof
t o be eligible the claimant must show
Reason for quitting was employment connected

Quit was for good cause

Attempt was made to remedy the situation before quitting

To be eligible the claimant must show:

Quit Issues

discharge issues
Willful disregard of employer’s interest

Deliberate violation of reasonable rules

Disregard for standard of behavior

Discharge Issues

Determining misconduct

Reason for discharge must be:

protect your account
If the claimant is separated for reasons other than lack of work, let us know.

Issue a handbook or policy statement to each employee

Issue written warnings signed by employee & have witnesses

Have consistent methods for conveying policy changes

Protect Your Account
protect your account29
Deal with problems the same way for all employees

Tell IDOL about the last incident causing a discharge

Respond to IDOL requests for information in a timely manner – 48 hour response deadline

Protect Your Account
proving your case
Copies of relevant written policies

Signed acknowledgement forms

Warnings, verbal & written

First person witness statements

Supporting documents

timecards, attendance records, medical reports, etc.

Proving Your Case

Provide Documentation:

how to file a protest
Must be filed within 14 days of the mail date

State this is a protest

Must be in writing and signed by an interested party

Include your business name, address and phone number, the claimants name and SSN

How To File a Protest
how to file a protest32
You can:

Hand-deliver

Mail

Fax

the protest to an IDOL office or the Appeals Bureau

How To File a Protest
how does an appeal work
Employer provided a copy of relevant documents

Advise Appeals Bureau of witnesses

Call in to Conference Connection

Have appropriate parties in attendance

Have questions for claimant prepared

How Does an Appeal Work?
protest process
Protest Process

Local Office Determination

Appeals Bureau

Industrial Commission

Idaho Supreme Court

slide37

Unemployment Insurance Tax and Benefit Fraud

Unemployment Insurance

Compliance Bureau

Don Arnold, Bureau Chief

Don.Arnold@labor.idaho.gov

John Taylor, Operations Manager

John.Taylor@labor.idaho.gov

ui compliance bureau
We strive to ensure the integrity of the unemployment insurance trust fund.

Employer Compliance

Claimant Compliance

Collections

UI Compliance Bureau
employer compliance
Trust Fund

Create a fair playing field

Educate and Assist

Employer Compliance

Collections

Investigations

Audits

Seminars

Handbooks

Web – labor.idaho.gov

employer compliance40
The number of covered employers in Idaho increases:

2.6% in 2003

4.5% in 2004

6.4% in 2005

2.6% in 2006

3.5% In 2007

Currently Idaho has >51,200 covered employers

2007 issues resolved =24,748

Employer Compliance
claimant compliance
Trust Fund

Benefits Fraud & Overpayments

Claimant Compliance

Benefit Accuracy Audits

Fraud Investigations

Overpayment Establishments

Recovery

claimant compliance42
$123,992,000 benefits paid in 2007

$6,695,881 detectable/recoverable overpayments annually

$4,162,788 actually detected in 2007

$3,943,696 recovered in 2007

17th in Nation for Detection

Claimant Compliance
common benefits fraud
Misrepresenting work search efforts

Misreporting weekly earnings

Failing to report a return to work or subsequent quit

Misrepresenting able and available issues

Employer Coercion/Employee Agreement

Common Benefits Fraud
online reporting
Online application is administered by Access Idaho

Same system for online services provided by other government agencies

Linked to Idaho Department of Labor’s system

Online Reporting
online reporting45
Benefits to online reporting

Can easily make status changes

Saves reports for three years

Can upload wage files

Will import all employees reported on the previous quarter

Computes excess wages and tax

Option to pay online when filing

Receive a transaction number to confirm successful filing

Online Reporting
online reporting46
Benefits to online reporting

May associate more than one unemployment insurance account to your username

May upload wage data for multiple employers in one file

May pay online separately for each report filed or may make one payment for multiple reports

Online Reporting
new hire reporting
Primary purpose is to enforce child support orders on wages

Also used to prevent UI benefits fraud

Location and collection efforts

Mandatory to report new hires within 20 days of hire

If a rehire within 12 months of lay off, then not required to report

Report by: faxing W4 to 332-7411or online athttps://labor.idaho.gov/applications/newhire

New Hire Reporting
ecore50
Report employees who are separated

View Statement of Benefit Charges

View current claims

Correspondence Inbox

Links for Appeals, Pay UI tax

ECORE
ecore51
Administer Third Party Account

Manage Addresses and Locations

ECORE
ecore74
Report employees who are separated

View Statement of Benefit Charges

View claimants who have a claim

Correspondence Inbox

Links for Appeals, Pay UI tax

Administer Third Party Account

Manage Addresses and Locations

ECORE
wage and hour what is your labor iq

Wage and Hour What is your Labor IQ?

Administering Idaho’s Labor Laws

Dawn McLees – Area Compliance Officer

topics
Test your Labor Laws I.Q.

Education

Child Labor

Farm Labor Contracting

Discussion

Topics
our purpose
Educate employers and employees of their obligations and rights under the Wage Payment Laws

Enforce Wage Payment Laws

License Farm Labor Contractors and monitor compliance

Our Purpose
minimum wage law
Is this a state or federal Law?

$5.85 an hour, beginning on July 24, 2007

$6.55 an hour, beginning on July 24, 2008

$7.25 an hour, beginning on July 24, 2009

Minimum Wage Law
an employer pays bi monthly and this payday falls on a saturday can the employer pay on monday
An employer pays bi-monthly and this payday falls on a Saturday. Can the employer pay on Monday?
slide89

Employer X is paying a tipped employee the $3.35 an hour required by state law.

Employer X does not have to pay

any more as long as that person

earns $30 or more in tips per month.

True or False?

slide90
Compensatory time is not permissible for covered employees working in the private sector.

True or False?

in idaho at termination or resignation how long does an employer have to pay the employees wages
In Idaho, at termination or resignation, how long does an employer have to pay the employees wages?
slide92

A car salesman is paid on 100% commission. In a given pay period this car salesman does not sell any cars.

Is he owed anything?

slide93

There is no State or Federal

law requiring breaks, lunch

periods, or rest periods of any

kind, provided the worker is

16 years of age or older.

True or False?

slide94

You catch a worker that steals $400 from the till. You fire the individual and turn them into the police. Can you withhold their check to cover your loss?

slide95
An employer conducts a mandatory staff meeting after regular work hours. Do employees have to be paid for the time spent in attendance?
slide96

An employer requires employees to turn in timesheets every Friday. If an employee does not turn in the time sheet, can you wait until they do turn it in to give them a check?

slide97

Employees arrive at the business location load up necessary equipment and head out to the work site. Is the travel time from shop to work site paid time?

what is your labor iq
10 out of 10

9 out of 10

8 out of 10

7 out of 10

6 out of 10

1 to 5

0

Professor of HR

Your employees love ya

Employee of the Month

Not bad

Read-Guide to Idaho Labor Laws

Oh…you again

Please see me after class!

What is your Labor IQ?
education
Employer group presentations

One on one consultation

Policy reviews

High Schools

Education
child labor laws
Federal Enforcement

Gaps in Coverage

Current reform efforts

Problems in this area???

Child Labor Laws
farm labor contracting
Recent Prosecution of Violators

Media Campaign

Field Inspections

Verification of Registration

http://labor.idaho.gov/wh

Farm Labor Contracting
discussion
Questions?

Salary Exemptions

Travel Pay

Overtime Issues

Record Keeping

Discussion
wage hour offices
Wage & Hour Offices

CANYON COUNTY/ WESTERN IDAHO

-Marina Reynoso (208) 364-7783 ext.3195

KELLOGG/NORTH IDAHO

-Dawn McLees (208) 769-1558 ext.3922

POCATELLO/EASTERN IDAHO

-Artie Holmes (208) 236-6710 ext.3659

BOISE/SOUTH WEST IDAHO

-Daniel Rodriguez (208) 332-3570 ext. 3192

BURLEY/SOUTH CENTRAL IDAHO

-Linda Castaneda (208) 678-5518 ext.3128

http://labor.idaho.gov/wh