This latest edition includes articles on how to prevent the 3 main sources of fraud, making job descriptions work for your organization, why not-for-profits should carry D&O insurance, wellbeing benefits that wow employees, and depreciation deductions. And, you'll learn about a fast and easy way to get cyber risk protection online!
2. In This Issue…
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Videos
Insurance Strategies.................. 3
Five Reasons Not-for-Profits Should
Carry D&O Insurance
Human Resources...................... 4
Make Job Descriptions Work
for Your Organization
Management &
Performance............................... 5
The Three Main Sources of Fraud &
How to Prevent Them
Employee Benefits .................... 6
Wellbeing Benefits that ‘WOW’
Employees & Prevail Long Term
Tax & Accounting ...................... 7
Depreciation Deduction: A Double-
Edged Sword
CBIZ in the News:
For complete articles, visit
cbiz.com/news/in-the-news.
CBS News
Should that Olympic gold medal
be tax deductible?
August 10, 2016
Money Magazine
Can I unretire to fund a Roth IRA?
July 17, 2016
U.S. News and World Report
Donald Trump vs. Hillary Clinton:
The future of Obamacare
June 16, 2016
2 | BIZGROWTH STRATEGIES – FALL 2016 CBIZ, INC.
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meet specific criteria to safeguard clients’ personal information.
Failing to do so puts your organization at tremendous risk
– not just financially; there are also legal and reputational
consequences.
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QUOTE TODAY!
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Online!Fast&Easy
3. CBIZ, INC. BIZGROWTH STRATEGIES – FALL 2016 | 3
Insurance Strategies
BY BRUCE WALSH
N
ot-for-profit organizations (NFPs) receive the same
treatment as for-profits when it comes to liability
for errors, omissions or other wrongful acts
involving governance, employment practices or misuse
of funds. Penalties and court cases that implicate the
NFP’s leadership and board of directors could occur.
Historically, NFPs have not gotten off any easier
than their for-profit counterparts in settlements.
Resolving employment, financial and governance-
related liabilities can be particularly difficult for NFPs
because they typically operate on smaller budgets, and
they are more likely to be affected by the reputational
consequences. An issue with how your NFP manages
its funds, for example, could have donors reconsidering
their contributions.
Directors and officers (D&O) liability insurance
can help organizations mitigate the liabilities in their
operating environment. If your organization hasn’t
considered adopting or updating its current policy, here
are five reasons why it should.
The ACA brought renewed attention to employee
classification.
Employment practices liability is a standard part
of most D&O insurance policies. This liability coverage
typically can be used in situations that involve
personnel, such as wrongful termination, defamation,
sexual harassment or discrimination. It can also
provide coverage if employees were inaccurately
classified as contractors or wrongly labeled as exempt
from overtime pay.
Classification of employees is receiving heavy scrutiny
from regulators because of the ACA. The employer-provided
health insurance coverage mandate requires employers
with more than 50 full-time employees to provide
affordable healthcare coverage to their full-time staff.
Exceptions are provided for volunteer employees, whose
hours of service do not count as work hours. There are also
special provisions for adjunct faculty and on-call staff.
To ensure insurance coverage requirements are
being met, regulators are taking a closer look at how
organizations are classifying their staff. Your NFP should
have documentation to support how you are determining
which employees are full-time, including which method you
use (monthly or look-back) to make that determination.
Terminations can lead to allegations.
Organizations that have downsized should be
aware that terminations may trigger allegations that the
employee was not classified appropriately or received
unfair treatment. Activity in the sector indicates that
employment-related lawsuits are becoming increasingly
common, and NFPs are being implicated along with their
for-profit counterparts. D&O insurance can help cover the
cost of some of the organization’s legal fees related to
employee allegations.
Volunteers have federal and state protections.
Be aware that although there are federal and
state protections for volunteer-related liabilities, those
protections are designed for the individuals, not the
organizations for which they volunteer.
For example, the Federal Volunteer Protection Act
protects volunteers from liability in the event that:
n the incident occurs while the volunteer is
performing his/her assigned role with the
organization;
n the volunteer has the appropriate accreditation to
do what he/she is doing;
n the incident was not intentional or performed with
conscious disregard for the law; or
n the incident did not involve a motor vehicle.
NFPs with a large volunteer workforce should be
familiar with the volunteer protection statutes in the
jurisdictions in which they conduct operations and ensure
they have DO coverage that protects the organization
from volunteer-related liability.
The spotlight is on how NFPs use contributions.
High-profile reports on how NFPs spend donor
contributions are bringing scrutiny to their financial
management practices. Regulators and the public
will likely be examining how NFPs conduct fundraising
and how they spend donor funds. Included in this
are risks related to how organizations present their
financial position to donors. If they have been engaging
in inaccurate or misleading disclosures of financial
information to donors, they put their organization at risk.
Mismanagement of fundraising and donor funds is
considered a breach of a NFP’s role as a fiduciary to the
community. NFPs often are organized to serve a specific
purpose for the community, and if their handling of donor
FiveReasons
Not-for-Profits
ShouldCarry
DOInsurance
(Continued on page 7)
4. 4 | BIZGROWTH STRATEGIES – FALL 2016 CBIZ, INC.
Human Resources
BY LORAINE FELDMEIER JOE RICE
M
ore than an open position posted online, job
descriptions can function as an integral part of
an organization’s business plan. Job descriptions
can enable strategic initiatives, serve as the cornerstone
of regulation compliance and expedite day-to-day human
capital-related processes. The following are some items to
consider and best practices.
Enable strategic initiatives.
Whether your organization is considering a
restructuring, launching a compensation study or
evaluating workflow processes, job descriptions will
be required at some point. These types of initiatives
can get bogged down by incomplete or outdated
job documentation. For example, at least six weeks
should be added to a Fair Labor Standards Act audit
when job documentation needs to be gathered first.
Preparing the job documentation in advance will allow
your organization to react quickly to strategic initiatives
instead of kicking off a project within a project and
slowing down the process.
Prevent compliance-related issues.
Do you need to consider a reasonable
accommodation to an essential job duty due to
disability? Review a position to evaluate whether
the role is exempt from overtime provisions? Defend
pay practices for a group of employees due to a
discrimination claim? Do you want a health care provider
to have accurate job details when evaluating whether
an employee requesting a leave is able to perform the
duties of the job? These are all compliance-related
issues that an employer may face
where valid and well-written job
descriptions not only aid the
process but also can help
deter lawsuits or at least put
your organization in the best
defensible position possible.
Support human capital-
related processes.
Organizations use job
descriptions every day
Make Job Descriptions
Work for Your Organization
JOE RICE
CBIZ Human Capital Services
St. Louis, MO
314.590.4070 • jrice@cbiz.com
to aid performance reviews, build development plans,
identify career opportunities and recruit for job openings.
Perhaps the most recognized use of job descriptions,
these necessary details enable a mutual understanding
of expectations and requirements between an
organization and its current and potential employees.
Regardless of your organization’s immediate
goals, devising a plan to support the development
and maintenance of job descriptions offers a range of
long-term benefits. Here are some tips to make the job
description process successful:
1. Work in smaller sections of your population. Set a
schedule by department, location or whatever makes
sense in your organization to break the process into
smaller chunks.
2. Set an overall deadline that is the same each year.
Performance review season seems the most natural
time to dust off the job descriptions and discuss any
changes with the incumbent.
3. Engage employees in the process; they know their
jobs best. Asking employees to complete a job analysis
questionnaire is a great way to get started.
4. Set the length, level of detail and format appropriate
for your organization. Job descriptions should be a
reflection of your culture and values.
5. Use technology or a third party to ease the burden
within your organization. Your organization may not
be staffed to meet the scale of a project like this, so
consider utilizing a partner with the staff and expertise
to make the project successful.
Job descriptions are on every HR executive’s to-do list
year after year. Make this year the year to cross this task
off the list.
LORAINE FELDMEIER
CBIZ Human Capital Services
St. Louis, MO
314.692.5807 • lfeldmeier@cbiz.com
5. CBIZ, INC. BIZGROWTH STRATEGIES – FALL 2016 | 5
has a limited number of employees to provide oversight,
it is important that no single employee has too much
authorization power. Divide duties among multiple
employees, such as having one in charge of replenishing
supplies and another who reviews the petty cash
receipts or credit card expenses. Monitor employees for
changes in behavior and look for those who appear to
be living beyond their means. If you notice unexplained
changes in habits, double check expenses to make sure
there is nothing out of the ordinary.
Corruption Schemes
Corruption schemes tend to occur because of
personal relationships and leave little or no paper
trail. This type of fraud includes bribery, conflicts
of interest or kickbacks related to your company’s
business transactions. If one or more of your employees
is accepting inappropriate gifts from your vendors or
certain contractors do not have business addresses
or telephone directory listings, your company may be
the victim of a corruption scheme. Incorporating a
Conflict of Interest Policy and requiring employees to
sign off on it annually will create awareness throughout
your organization. Review all invoice documentation
submitted by your vendors before sending them any
form of payment. Consider including clauses in your
vendor contracts that allow you the right to audit their
financial statements to provide further protection.
Financial Statement Fraud
Financial statement fraud creates a false impression
of your company’s financial strength through the
misrepresentation or omission of data. Most commonly
it involves manipulating revenue figures, but it can
also include delaying the recognition of expenses,
Management Performance
TheThreeMain
SourcesofFraud
HowtoPreventThem
BY BRIAN GREGORY
F
rom paying wages on represented overtime hours
to overstating financial statements, there is a wide
variety of fraudulent activity that can occur within
a company. This activity can devastate a company’s
reputation or finances, especially if it occurs over a long
period of time. According to the participating companies
in the ACFE’s 2016 Report to the Nations, total losses
exceeded $6.3 billion, with an average loss per case of
$2.7 million.
A majority of fraudulent activity will fall within one
of three categories: asset misappropriation, corruption
schemes or financial statement fraud. Understanding
these risk areas and implementing the appropriate controls
can save your company from hassle and expense.
Asset Misappropriation
Asset misappropriation occurs when employees or
vendors who manage an organization’s assets, such as
payroll or intellectual property, steal.
Most commonly, employees conduct cash
misappropriation schemes. For example, an employee
submits false receipts to overstate their expenses and
receive larger reimbursements. Even if your organization (Continued on page 8)
6. 6 | BIZGROWTH STRATEGIES – FALL 2016 CBIZ, INC.
GABRIEL ROSS
CBIZ Benefits Insurance Services, Inc.
Columbia, MD
443.259.3294 • gross@cbiz.com
EMILY NOLL
CBIZ Benefits Insurance Services, Inc.
Columbia, MD
443.259.3287 • enoll@cbiz.com • @thrivexpert
BY EMILY NOLL GABRIEL ROSS
M
any of today’s workers feel that their jobs are
detrimental to their health – a sentiment that
employers are eager to reverse with the help of
corporate wellbeing programs and work/life benefits.
Employees and job candidates alike rank health and
wellbeing programs at the top of their list of employer-
sponsored benefits. Millennials, in particular, cite that a
“culture of health” is essential to the work environment.
With both employers and employees seemingly on
board, it’s puzzling that participation in many wellbeing
programs plateaus shortly after launch.
Perhaps not all health and wellbeing programs are
equally valuable or sustainable. Survey data suggests
that a significant number of employees report being
underwhelmed with wellness program offerings. According
to the National Business Group on Health, a third of
employees think their company’s wellbeing programs aren’t
relevant to their most pressing health needs.
In order to reenergize employees around wellbeing
programs and build a long-term culture of health, consider
the following practices that successful employers use to
enhance both relevance and sustainability.
Relevance
Don’t presume to know what employees need; find
out! Review the data and survey employees. Not only
evaluate employees’ wellbeing priorities – physical,
social, financial, community and career – but also explore
what motivates them and what tools and support they
need to turn healthy behaviors into healthy habits.
In addition to relevant programming and rewards,
tailor wellbeing messages so they are personally
meaningful to employees. Employees also connect
well with success stories about their colleagues;
recognizing employees for their wellbeing efforts
demonstrates that the organization cares and
encourages others to follow suit.
Sustainability
One key to achieving and sustaining long-term
wellbeing results is creating a supportive work
environment where the healthy choices are the easy
choices. Employees need to be able to refuel – physically,
mentally and socially – throughout the workday, as well
as when they are off the clock. Employers can design
their space, provide access to food and activities, and
promote practices in ways that simplify good health.
Another fundamental element of sustainability
is to have enough boots (or tennis shoes) on the
ground to support wellness program efforts. Create
wellbeing champions across the company. These are
employees who are eager to serve as ambassadors for
the program. Wellbeing champions can motivate and
energize employees by localizing wellbeing programs
and messages and asking their coworkers to commit to
impact their workplace long term. Also, empower and
train managers to be self-leaders in their own wellbeing
and to encourage wellbeing in a way that is genuine and
aligns with your organization’s values.
Employers know there is a positive effect when
employees are fully engaged and have high wellbeing.
Employees also want to do and feel their best. At the
end of the day, who doesn’t want to feel good about their
company, their contributions and themselves? With a few
simple tweaks, employer-sponsored wellness programs
can deliver the excitement employees crave and enhance
wellbeing in a way they need and deserve. Employers who
truly commit to a culture of enhancing the wellbeing of
their employee population can expect positive business
outcomes such as improved productivity, retention and
presenteeism, as well as lower absenteeism.
Employee Benefits
‘WOW’WellbeingBenefitsthat
EmployeesPrevailLongTerm
7. CBIZ, INC. BIZGROWTH STRATEGIES – FALL 2016 | 7
DISCLAIMER: This publication is distributed with the understanding that CBIZ is not rendering legal, accounting or other professional
advice. This information is general in nature and may be affected by changes in law or in the interpretation of such laws. The reader
is advised to contact a professional prior to taking any action based upon this information. CBIZ assumes no liability whatsoever in
connection with the use of this information and assumes no obligation to inform the reader of any changes in laws or other factors that
could affect the information contained herein.
(Continued on page 8)
BY PETER BLUMKIN
M
ost business owners recognize the value of
depreciation. Simply put, it is a tax deduction
for the wear and tear of business property.
What’s more enticing is that it’s a recurring deduction
which doesn’t require cash outlay. Whether the
equipment is paid for upfront or financed, it provides
businesses with a stream of tax deductions, lasting
from three to seven years, depending on the type
of asset. Real estate is in a separate category with
depreciation spanning anywhere from 15 to 39 years.
If that’s not a good enough reason to buy new
equipment or upgrade a business vehicle, recent law
Tax Accounting changes and subsequent 2015 extenders created
additional incentives:
n immediate write-off of purchased assets, up to
$500K per year (known as Section 179 deduction)
n bonus depreciation (50 percent of the cost is written
off in the first year equipment is placed into service)
However, depreciation is not a freebie! One must
not overlook the tax consequences when disposing
of business assets. Upon sale, depreciation taken in
prior years increases gain realized and is not afforded
preferential capital gain treatment. Should the sale be
structured on the installment basis (cash is received over
time), tax on prior depreciation (recapture) becomes due
in the year of sale, even if no cash is received.
There are still more positive aspects of the
depreciation concept. For starters, businesses can take
advantage of the time value of money; that is, deduction
now is worth more than income later. Other ways to
reduce or avoid the effects of the recapture trap include
the following scenarios:
n Gifts of property are not subject to the recapture;
instead, their potential tax implications carry over to
the donee.
DepreciationDeduction:
ADouble-Edged
Sword
contributions and fundraising efforts conflicts with this
mission, they could face serious ramifications.
Other fiduciary-related risks, including
mismanagement of an employee benefit plan or grant
contributions, may also trigger consequences. Having
fiduciary liability coverage as part of the DO policy can
help protect NFPs while they address allegations.
Protection for governance-related decisions
DO insurance can also protect from governance-
related errors or omissions. For example, an organization
may not have adequate policies around the practice of
hiring friends and relatives or placing them on the board
of directors. If not monitored appropriately, the NFP
could face allegations of nepotism or other liabilities.
Governance concerns related to risk management also
can arise. If, for example, a NFP’s governance plan does
not adequately monitor and address the risks in its digital
environment and falls victim to a cybersecurity breach,
it could face penalties or fines for negligence. Insurance
protection may help minimize the financial damage post-
breach corrective actions could lead to.
Make sure your plan is solid.
Your organization also should look at certain elements
of its policies to ensure they provide the coverage they say
they do. Look for exceptions, such as insurance coverage
options that pay for employment-related breaches of contract
issues but not breaches of contract not directly related to
an individual’s employment. Also, speak with your insurance
provider about your policy limit and the risk you would have of
exceeding your limit during the coverage period.
To select the right plan for your organization, meet
with an experienced adviser who understands the risks in
a not-for-profit’s environment and is knowledgeable about
what insurance coverage might be appropriate for your
unique risks.
Insurance Strategies (Continued from page 3)
BRUCE WALSH
CBIZ Insurance Services, Inc.
Plymouth Meeting, PA
610.862.2306 • bwalsh@cbiz.com • @RBruceWalsh