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Greater Gardner
Chamber of Commerce
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The Business Voice- Chamber Newsletter
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LEGISLATIVE UPDATE STATE DELAYS DEADLINES IN HEALTH CARE REFORM PROVISION Massachusetts’ businesses may get a brief hiatus from key provisions to the state’s recently passed health care reform legislation due to changes passed by the legislature in October and signed by the Governor last week. The "technical corrections" tighten the language in some sections in the legislation, reduce paperwork, and delay the launch of the provision of the law that would require some employers to pay their employee’s health care bills.
Prior to this legislative action, businesses with 10 or
more employees would have to offer their employees the opportunity to
purchase health insurance with pre-tax money, by establishing a qualified
Section 125 Plan. With this change, after July 1, 2007, employers will be
required to pay the employee’s health care expenses if those workers use the
free care pool as originally defined in the law, i.e., one employee accesses
it three times in a year, or five employees use it in a year. The costs of establishing a Section 125 Plan for your business is nominal compared to the hefty fines and burdens which could be placed on your business after July 1. The legislature has passed this extension to allow businesses the time to research and setup qualified plans in their business before the July deadline, and the Chamber encourages all our members to do it now. A qualified Section 125 Plan can save your business money. If you need information on a qualified plan, please contact the Chamber of Commerce today at (978) 632-1780. The Fair Share Assessment section of this legislation was untouched by the recent technical changes, and employers with more than 10 employees will have to offer health insurance or risk paying a $295 per year per employee assessment to the Commonwealth. Employers that basically have at least 25% of their full time employees get their insurance through them, or who pay at least 33% of the cost of insurance for those employees who do get their insurance through them will meet the "Fair Share" test (this is a basic test--you must go through the full test to see if your business actually complies), and not be required to pay the assessment. A business must fail both tests to be subject to the assessment. While the tests are only on full time employees, the assessments are on all employees. For more information, contact the Chamber today at 978-632-1780. New State Interpretation OF 1099 CONTRACTOR LAW Could Cause Serious Problems for Your Business Massachusetts recently adopted a new definition of independent contractor that has led some in the legal community to wonder if there is such a thing as an independent contractor in Massachusetts any more. Perhaps the most controversial provision of the statute is a provision that negates independence if an alleged subcontractor is engaged in the same "usual course of business as the employer." If your business regularly hires independent contractors, or if you are regularly hired as an independent contractor, you need to know how this new statute applies to you. Violations of this new law may result in failure to pay wage claims, penalties for unpaid payroll taxes and unemployment compensation premiums, and significant increases in workers compensation premiums. On December 7, 2006 at 8:00 a.m., the Legislative Affairs Committee and Human Resource Committee of the Greater Gardner Chamber of Commerce will present an overview and discussion of the changes to the law. John M. Flick, Esq. and Susan H. Christ, Esq. of Flick & Elliott, P.C. will present an overview of the new law and how it is currently impacting employers in Massachusetts. The discussion will also address how the new law will interact with the recently adopted Massachusetts health care bill. This is a must attend for all local employers and independent contractors.INSURANCE PARTNERSHIP PROGRAM GIVES HELP TO SMALL BUSINESSES Small businesses and their employees can receive help through the Insurance Partnership to reduce the cost of providing and obtaining health insurance. The program is designed to ensure that small businesses, who provide 58% of the jobs in our labor market, are able to give their lower paid employees the opportunity to have affordable health insurance without creating a financial hardship on these same employees. Employers with 50 or fewer workers, who offer or who want to offer comprehensive health insurance to their employees and who contribute at least half of the cost of the insurance purchased by the qualified employee are eligible can participate in the Insurance Partnership Program. The Program will reimburse small businesses up to $1,000 per year toward health-insurance costs for each qualified and income-eligible employee. The amount of reimbursement depends on the tier of coverage (individual, couple, family or single-head of household) chosen by the employee. In addition to the direct support to small businesses for their portion of the cost of the insurance for qualified employee, the Partnership can help your employees also. Qualified employees can get help paying for their share of the health insurance premium through the Partnership. The employee must meet the income standards, and if qualified, in most cases, a currently uninsured employee’s costs for health insurance can be significantly reduced to as little as $12 to $160 per month - the Insurance Partnership pays the balance. EMPLOYEES CANNOT BE CURRENTLY ENROLLED IN THE COMPANY HEALTH PLAN TO APPLY, AS THIS PROGRAM IS FOR UNINSURED EMPLOYEES. (The Chamber is speaking with our legislative delegation regarding this change in the IPP, made as part of the new Health Care Reform Legislation in 2006. We believe it is unfair to those lower paid, long time workers who have been doing the responsible thing by purchasing health insurance to not have the opportunity to benefit from this program, while other longer term employees who did not purchase insurance may benefit from this program.) Members of the Chamber staff are available to speak with your company more about the benefits and requirements of this program. For more information regarding the Insurance Partnership Program or to schedule a presentation on this valuable program please contact the Greater Gardner Chamber of Commerce at (978) 632-1780. MASSACHUSETTS GETS NEW LAW EASING PERMITTING PROCESS Governor Romney signed into law Chapter 205 of the Acts of 2006 on August 2nd, a law that will streamline and expedite the process for residential, commercial and industrial development projects throughout the Commonwealth. This law makes some significant and beneficial changes to the original Expedited Permitting Act, which was first enacted in 2004. The new statute creates provides technical assistance and financial resources for communities and for businesses to enhance permitting and other economic activities, and allows communities to designate specific development sites as eligible for an expedited local permitting process with a timeframe of 180 days, instead of the prevailing two-year average. Smaller developments, from 50,000 square feet, will now be eligible for expedited permitting as well. The new law also creates a Massachusetts Permit Regulatory Office within the Executive Office of Economic Development, let by a Permit Ombudsmen who will serve as the primary state contact for new and expanding businesses dealing with permitting issues. A permitting specialist will be assigned to each of the five regional offices of the Massachusetts Development Finance Agency (MassDevelopment) to assist businesses as they move through the permitting process. The statute also creates a $100 million bond for local infrastructure to accommodate development projects and a new state government "sales force" was formed to encourage job growth. The act also creates a new permit review session of the state’s land court to prevent frivolous use of the legal system to delay development projects. Massachusetts businesses with five or fewer employees may be eligible for a tax exemption, provided that all requirements under MGL Chapter 64H Section 6 (qq) are met. Under Massachusetts Law, the sale of gas, electricity, steam, and heating fuel are taxable when sold to a business. However, under this section of Massachusetts law cited above, these sales may be exempt if the product issued is used solely by a qualifying small business having five or fewer employees. In addition, that small business for whom the energy is purchased must have had gross income of less than $1,000,000 for the preceding calendar year, and must reasonably expect to have gross income of less than $1,000,000 for the current calendar year. In response to legislation enacted last year, the Massachusetts Department of Revenue (DOR) has updated its regulation with regard to the State’s Business Exemption, which exempts from the state’s 5% sales tax the sale gas, steam, electricity and heating fuel from use by qualifying small businesses. If you qualify, all you have to do is complete and sign the Form ST-13 (Small Business Energy Exemption Certificate for Purchases on or After 1, 2006) and present it to your gas, steam, electric, or heating fuel vendor at the time of purchase. Contact your business accountant or visit the Massachusetts Department of Revenue website for more information on this valuable tax exemption. NEW MINIMUM WAGE TO GO INTO EFFECT JANUARY 1, 2007 Although Governor Romney vetoed legislation raising the Massachusetts minium wage, the Massachusetts House and Senate unanimously overrode the Governor’s veto on the final day of formal sessions. The new rate, which goes into effect on January 1, 2007, will raise the state’s minimum wage from the current rate of $6.75 to $7.50 on January 1, 2007, and on January 1, 2008, the rate will increase to $8.00. The law only addresses changes to the minimum wage, and makes no changes to the current tip credit. The Chamber worked tirelessly to defeat proposed legislation which would have tied future increases in the state’s minimum wage to the consumer price index, and these proposals were rejected and not included in the final bill passed by the House and Senate. Members are reminded to not only adjust wages but update their mandatory posters reflecting the increases. Copies of the mandatory posters may be obtained from the Greater Gardner Chamber.
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