It’s that time of year again – Ohio BWC True Up! Employers can be intimidated by this process, but it should be relatively easy. Since state fund employers pay Ohio BWC premiums based on projected payrolls, everyone has to settle up at the end of the year. BWC policy years begin on July 1, and you have 7/1 through 8/15 to not only complete the reporting process, but also to pay any resulting balances. If you are unable to pay the entire balance at the end of the reporting process, any future premium payments will first be applied to your delinquent True Up Balance before being applied to any premium installments. Payment plans for True Up balances are only available through the Ohio Attorney General’s office following an application process (and having a balance with the AG could prevent you from getting into a savings program).
Employers should also be prepared to answer the following questions as part of the True Up reporting process:
This is a requirement for any Ohio employer with an open state fund policy, even if no payroll is allocated to the policy. Most self-insured PEOs ask that Ohio employers keep a state fund policy open and pay the annual minimum premium, but report no payroll to it. Even those employers are required to complete the report – essentially verifying that the estimate of $0 in payroll is still accurate. Your PEO might take care of this for you (SuretyHR does), or your payroll provider might assist you with the reporting. If a third party is doing this on your behalf, just be sure to ask them for a receipt or confirmation page.
There is a slight grace period on both the reporting and repayment, but Ohio employers should make every effort to get it all done on time. We also suggest completing the report at least a few days prior to the deadline for several reasons. One reason is that sometimes it can take 2+ business days to post to your BWC account, causing it to appear late. Another reason is that filing early will allow you extra time to do some “creative banking,” if you have a large balance to pay and need to move money around. A late True Up or resulting unpaid balance can disqualify you from BWC savings programs like Group Rating and Group Retro. If you have questions about the True Up process or classifying employees, don’t hesitate to reach out to us at info@spoonerinc.com.
Posted By Brandy King
January 15, 2025
Category: General
The clock is ticking on Group Retro enrollment for the 2025 Ohio BWC policy year! The deadline for Group Retro paperwork is January 27, 2025. If you're a Spooner client enrolling in Retro, you should have already received your program renewal from us. If you haven’t, please reach out to your client services manager. If your BWC policy was disqualified for savings programs for 2025 or you don’t have the flexibility of waiting to see savings, we’d also encourage you to explore SuretyHR, our self-insured PEO (professional employer organization). SuretyHR is an alternative to being insured by Ohio BWC for workers’ compensation. By creating a co-employment relationship with other employers, we’re able to place them in our own self-insured workers’ compensation plan. PEO clients also have the added benefit of SuretyHR’s team assisting with safety, HR, FMLA and unemployment claims administration, and quite a bit more. You can request a savings analysis from SuretyHR
Posted By Brandy King
January 07, 2025
Category: Ohio BWC, Group Retro, 20018 Group Retro, 2019 Group Retro, Group Retro Refunds Withheld
The team at Spooner Risk Control Services, Kent Elastomer Products, Inc. and Roetzel & Andress have scored another win in the fight to get businesses the Group Retro refunds they’ve earned. Background: At the end of 2020, we shared Ohio BWC’s decision to withhold Group Retro refunds owed to participating employers for the 2018 and 2019 policy years. This was based on the concept that employers were already returned 100% of premiums for those years via dividends released to Ohio employers in April and October of 2020. However, dividend distribution and Group Retro refunds are governed by different rules, and different portions of the Ohio Revised Code. We appealed this decision in August 2020, kicking off a legal battle with Ohio BWC that will continue into 2025. After the victory for Group Retro participants in February 2023, BWC appealed the magistrate’s ruling, stating five objections. A hearing was held on November 19, 2024 by the 10th District Court of Appeals, and four of the five objections were overruled. For the reasons detailed here, the court again ruled in favor of Ohio businesses granted a limited writ of mandamus (meaning BWC is obligated to pay out Group Retro refunds). Hellbent on not paying these earned program refunds to employers, BWC chose to file yet another appeal on December 30, 2024 arguing their reasoning for withholding the refunds. From here, the matter will be referred to the Supreme Court of
Posted By Brandy King
December 16, 2024
Category: Non Compete, Employment Law, Non Solicitation Agreement, Ohio
FTC’s Non-Compete Ban Blocked, But Gray Area Remains In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule. A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two. Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.” Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.” For now, bo
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