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1. What is the difference between ASO and PEO services ?
PEO, ( Professional Employer Organization) is a service that contractually allows the PEO to become the employer of record for the administrative functions for that client. Payroll, payroll taxes, benefits including pension plans, human resources, and risk management functions all fall under the direction and liability of the PEO as a co-employer. The employees of the client company are actually hired onto the PEO payroll producing a shared liability for that employee, thus reducing the exposure for the client company.
ASO, (Administrative Service Organization) is an offering that mirrors the services of the PEO, without the co-employment contract. The ASO would provide payroll, payroll taxes, benefits including pension plans, human resources, and risk management functions, but does not assume the responsibility of co-employing the client employees. This service is usually preferred among not for profits, government contract companies, and certain Mortgage companies that write FHA loans.
2. What is OSHA, and who has to pay attention to their requirements ?
OSHA (Occupational Safety and Health Administration) has the responsibility to ensure that all employers provide a safe workplace free from recognized hazards which can cause or are likely to cause death or serious physical harm. OSHA and state OSHA partners (about half the states have their own OSHA plan) employ approximately 2100 inspectors spread over 200 offices throughout the United States to enforce federal and state safety standards and regulations. OSHA inspectors are authorized to issue citations for violations. In addition, the Workers' Compensation system assigns an experience modification rating based on the company's accident history which either increases or decreases the workers' compensation premium. The best way to avoid OSHA citations and reduce workers' compensation premiums is to provide a safe workplace by minimizing hazards to employees and providing them with necessary safety training and protection. Employers are encouraged to establish and maintain an active, effective safety program.
3. What are these laws — HIPAA, ADA, FMLA, FLSA, ADEA, ERISA ?
HIPAA: Health Insurance Portability and Accountability Act - Ensures that individuals who leave or lose their jobs can obtain health coverage even if they or someone in their families has a serious illness or injury or is pregnant.
ADA: Americans with Disabilities Act - Prohibits discrimination against individuals with disabilities.
FMLA: Family Medical Leave Act - Guarantees 12 weeks per year in paid or unpaid leave for birth or adoption of child or serious illness of employee or immediate family member.
FLSA: Fair Labor Standards Act - Establishes a minimum wage; controls hours through premium pay for overtime; controls working hours for children; covers most interstate employers; however, there are some exceptions.
ADEA: Age Discrimination in Employment Act - Prohibits discrimination against persons age 40 and over.
ERISA: Employee Retirement Income Security Act - Protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement; covers most interstate employers.
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