Understanding Your Workers Compensation Final Audit

The total cost of your workers compensation program is determined by a number of factors, not the least of which is your final audit. The workers compensation audit process can be confusing, complex and, if done incorrectly, expensive. It doesn’t help that the audit process is set up so that most errors benefit the insurance company. In this post we will try to guide brewers through the process so you are prepared on what to expect and how to get through your audit painlessly. 

The company may simply ask you to send the information needed to perform the audit, or may choose to conduct a physical audit at your brewery. In either case the auditor will probably want to see your State quarterly wage and withholding reports (DE-6s), payroll journals, and any previously filed payroll reports for the period being audited. Occasionally, other records that relate to your workers compensation policy may be requested as well.

Regardless of what records are requested, it is imperative that the payroll is placed in the appropriate classifications and that any rules that could work to your advantage are employed. 

Your premium is based on gross payroll, not net payroll. Gross payroll includes salaries, commissions, bonuses, vacation and holiday pay, sick pay, overtime payments (which can subsequently be deducted), the value of gifts, all substitutes for money earned or paid during the policy period, including meals and lodging in lieu of wages, automobile allowances, and any amount by which an employee’s salary is reduced to fund a pension or deferred compensation plan.

If you subcontract work, you will be asked to supply basic information about the subcontractors, and verification that they have appropriate insurance. Recognize that if they do not carry the appropriate insurance, you will be charged premium based on their exposures.

Some payroll classifications allow you to split an employee’s payroll among various class codes (recognize that many, including clerical, do not allow this). In order to take advantage of such a split, proper payroll records must be kept that specifically identify time worked in each classification.

The following are additional tips that you should be aware of during the course of the audit process:

  1. Appropriate Classifications - Don’t overlook clerical and sales classifications. In addition, if you have several classifications on your policy with various rates, make sure you understand the differences so you can classify your employees in the most favorable category. The brewing class code is much higher than say the sales person class code. If you have someone dividing their time between class codes, you will need to track their time and be able to prove it. This can be time consuming, but also save hundreds or thousands of premium dollars depending on the payroll associated to the split time. 
  2. Executive Officers and Partners - Executive Officers and Partners are capped for payroll purposes. For 2014, the maximum amount that an executive officer or partner in California can be charged is $109,200. If you have elected to exclude executive officers or partners, make certain that their payroll is not included in the audit. A new law passed January 1st 2017 requires 15% or more ownership in order to be excluded. 
  3. Overtime - You are not required to pay workers compensation premium on the overtime portion of a wage. In other words, if somebody who normally makes $10 an hour works an hour of overtime and is paid $15, you would pay premium on the $10 but not the extra $5. It is important that your payroll records be maintained to show the regular rate of pay, the overtime earnings by employee, and a summary by type of operation performed so that the auditor can give you credit for overtime excess.
  4. Severance - If you have paid severance to anyone in the past year, you can deduct this from your audit. You are not required to pay workers compensation premium on severance pay.
  5. Payments to Inactive Employees - Payments to inactive employees are not counted when calculating your workers compensation premium.
  6. Third Party Sick Pay - Were there any employees hurt on the job that received disability payments (short or long term) from a disability carrier or provider? If this third party sick pay was included in the employees W-2 and/or payroll register, you can deduct it.
  7. Travel Expense Offset - Did any employees receive additional funds to offset travel expenses? This is not chargeable as payroll.
  8. Form 1099 - If anyone was paid by Form 1099 through your payroll, was this amount deducted for workers compensation purposes?
  9. Uniform Allowance –- Was anything added to individuals’ payrolls to compensate for required work clothes or safety equipment? If so, this can be deducted.
  10. Any Other Additions or Exclusions –- Other than base pay, bonuses and commissions, were there any other additions or exclusions to payroll?
  11. Owner-Controlled Insurance Programs (“Wrap-Up” Policies) –- Were you involved in any owner-controlled insurance programs (“wrap ups”) that extended to workers compensation? If so, you can deduct this payroll from your audit.

Workers' compensation insurance audits can be confusing. Involve your broker and be prepared in advance. If you have questions about workers' compensation insurance for your brewery or have questions about audits, please consult with us.