Tag: data analysis

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Taking Action to Expand Overtime Protections | whitehouse.gov

The Department of Labor is finalizing a rule to update overtime protections for workers. “In total, the new rule is expected to extend overtime protections to 4.2 million more Americans who are not currently eligible under federal law, and it is expected to boost wages for workers by $12 billion over the next 10 years.”

Source: Taking Action to Expand Overtime Protections | whitehouse.gov

This is a difficult subject for everyone involved – workers and business owners alike. Increases in minimum wage, increases in employee health care costs, and adjustments to wage and hour regulations all serve complicate and cost businesses more.  Fair payment for time worked, a living wage, and protections for workers from employer abuse are things that are expected – deservedly so – by employees.   Definitions vary, as do circumstances, so a one-size rule never really fits all and someone, somewhere, feels the burn.

A USA Today article on the subject describes Labor Secretary Thomas Perez as saying “the salary threshold was originally intended to exempt high-paid executives but instead has denied overtime to low-level retail supervisors and entry-level office workers who often toil 50 to 70 hours a week.”

On the other hand Dan Bosch, head of regulatory policy for the National Federation of Independent Business, was described as saying that “many small businesses can’t absorb the added cost and will instruct employees to work no more than 40 hours a week, bringing on part-time workers to pick up the slack”.  From Trey Kovacs, policy analyst with the Competitive Enterprise Institute: “The Obama rule puts a huge cost and regulatory burden on employers, who will face pressure to cut back on benefits and full-time employees”.

A bill was introduced on Thursday by Republican congressional leadership hoping to block the proposed overtime rule. The proposed legislation, Protecting Workplace Advancement and Opportunity Act, is intended to ensure that the Department of Labor takes a “balanced and responsible approach to updating federal overtime rules.” Sponsors of the legislation include members of the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce.

Part of the bill’s consideration may be the burden of record keeping and information management that just keeps growing ever larger.  The current DOL changes, for example, now suggest that businesses must keep time and attendance records in detail for their salaried employees who might qualify for overtime compensation.  Getting employees to keep time cards or complete timesheets  may not be an easy thing to do, yet punching a timeclock and tracking their hours may become their new normal.  Some employers, on the other hand, will elect to simply raise workers’ base pay to the new threshold, avoiding paying the overtime and skirting the need to keep detailed time records.

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The extension of overtime protection to another 4.2 million Americans, and boosting wages by $12 billion over the next 10 years is the expectation for the new rule’s impact, although opponents suggest that employment (and employers) will suffer, reducing their workforces while absorbing costly HR management processes just in order to comply.

The rule is likely to touch nearly every sector of the U.S. economy, with the most notable adjustments occurring with nonprofits, retailers and hospitality (hotel and restaurants), as these are the industries generally having management-level workers whose salaries are at or below the new threshold.  Whether the outcomes of the rule will be as expected remains to be seen, but it is certain that many businesses must now put in place software, systems and processes which will help not just help them comply with new wage and hour rules, but deliver enough intelligence to support better personnel management, employee scheduling and labor cost containment.

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J

 

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SEC Watchful Eyes Focus On Cybersecurity and Protecting Personal Information

SEC Watchful Eyes Focus On Cybersecurity and Protecting Personal Information  #cybersecurity BehindBars

Information privacy used to be a fairly simple thing.   Systems – what systems there were – weren’t so interconnected and information wasn’t so easy to share with thousands (millions) of people all over the world.  Security used to come down to gaining physical access to the information, which was usually on paper.  If you couldn’t get to the paper, you couldn’t get to the information. Yet those very analog days are long gone, and most of us have come to recognize that our personal information assets are no longer so tangible that we can touch them and feel them and keep them secured safely in the lockbox in the closet. What’s disturbing about the landscape of security in the cyber-world is that it is risky to trust not just the systems but the users – including the folks you want and need to trust – with your personal information.  It isn’t that you can’t trust anyone these days.  You just can’t trust that everyone is taking the precautions necessary to protect YOUR information.  You need to be sure.

Trust has always been an essential element in business and finances, and in every business relationship there is some element of it present. The prudent customer performs necessary due diligence before entering into any business arrangement, but there are often factors taken for granted in the review; factors which are overlooked or remain unconsidered, often due to an essential level of trust which  is placed with the other party. This is among the issues identified by the SEC as it relates to broker/dealers and their recognition of the importance of securing their clients personal information.  Yet recognition of the risk and responsibility isn’t always enough, especially with the number and makeup of bad actors out there. As the threat landscape changes, so must the approaches and technologies used to protect information from those threats.

Consumers place a high level of trust with their financial advisors and generally provide them with a great deal of personal information, and the broker-dealers and advisors generally recognize the importance of protecting the personal information they are entrusted with.  The problem is that these entities too often approach the problem of information security and protection as something with static and unchanging requirements. Compliance in establishing a baseline of protection is met.  A lack of ongoing diligence required to adjust to new threats and changing conditions… not so much. According to a summary report on the subject issued by the SEC in February 2015, the “vast majority” of examined broker-dealers and advisors have adopted written information security policies, yet the report goes on to discuss additional measures and constant reviews which should be applied to better guard the personal information of consumers.

Most of the examined firms reported that they have been the subject of a cyber-related incident.  A majority of the broker-dealers (88%) and the advisers (74%) stated that they have experienced cyber-attacks directly or through one or more of their vendors.  The majority of the cyber-related incidents are related to malware and fraudulent emails.

National Exam Program Risk Alert issued By the Office of Compliance Inspections and Examinations (“OCIE”); Volume IV, Issue 4 February 3, 2015

Among the agencies placing focus on the issues of cybersecurity and personal information protection is the SEC.  Within the SEC (Securities and Exchange Commission) is an office called the Office of Compliance Inspections and Examinations (OCIE).  The OCIE exists to “protect investors through administering the SEC’s nationwide examination and inspection program”.  Registered entities examined by this office (in Washington, DC and the Commission’s 11 regional offices) include broker-dealers, transfer agents, investment advisers, investment companies, municipal advisors, the various national securities exchanges, clearing agencies, and certain self-regulatory organizations (SROs) such as the Financial Industry Regulatory Authority (FINRA) and the Public Company Accounting Oversight Board (PCAOB).

In February 2015, OCIE published a summary of observations of the findings from a SEC-sponsored Cybersecurity Roundtable which included SEC Commissioners and staff as well as industry representatives.  The roundtable discussion, held in March 2014, focused on the important part cybersecurity plays in preserving the integrity of the market system and protecting customer data.  On the heels of the roundtable came a Risk Alert published by OCIE, in which it announced a series of examinations and tests aimed at the identification of cybersecurity risks and assessing the preparedness of the securities industry to meet the challenge.  After all, federal securities laws require registered investment advisers to adopt written policies and procedures reasonably designed to protect customer records and information.

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The watchful eyes of the SEC are looking directly at broker-dealers and advisers, bringing additional attention to messaging about the requirement for these entities to protect consumer personal information.  The message is more likely to be heard when it includes the threat of censure and big fine. In September 2015 the SEC charged an “investment adviser with failing to adopt proper cybersecurity policies and procedures prior to a breach”.  According to the SEC release, the firm “failed to establish the required cybersecurity policies and procedures in advance of a breach that compromised the personally identifiable information (PII) of approximately 100,000 individuals, including thousands of the firm’s clients.”  Also in September, the OCIE communicated another Risk Alert notifying of their intent to focus on cybersecurity compliance and controls, including information about the next round of examinations which will include more testing to evaluate firms’ implementations of procedures and controls around information protection and cybersecurity.

Gathering information on information security and privacy practices is not always easily accomplished for the SEC OCIE.  FinCin (US Dept of the Treasury Financial Crimes Enforcement Network), on the other hand, seems to get more reports of breaches from broker-dealers than does OCIE.  Maybe it is due to the advisor wanting to take more the role of the victim rather than admittance of culpability in any way, but the OCIE reports that roughly 65% of broker-dealers that acknowledged receiving fraudulent emails, for example, reported them to FinCen, yet perhaps 7% or fewer actually reported the information to law enforcement or other regulatory agencies.  It is the public report of the breach which gets the attention, and which continues to spur the efforts within the OCIE.

Public reports of cybersecurity breaches occur with too much frequency.  Sadly many of these events are due to failures or weaknesses in basic controls – failures which might have been identified if testing and review of basic processes, systems and controls was part of regular procedure.  With some of the largest data breaches possibly resulting from hacking of 3rd party vendor systems and platforms, review and assessment of vendors and suppliers must also be folded into the realm of consideration.  Failure to protect personal information of consumers and clients is risk to not just the firm or the client, but also to the entire market.  Risk reduction and management is among the focus areas for OCIE, a charter which supports the recent creation of the Office of Risk and Strategy, and which recognizes the challenge in gaining the information necessary to effectively inform the SEC and the market on cybersecurity issues.

jmbunnyfeetMake Sense?

J

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Report Right or It’ll Cost You (double)

Report Right or It’ll Cost You (double)

paper-stackReporting requirements for business just keep growing, and so do the penalties for doing it wrong.  New this year and just in time for the annual reporting season (makes it sound almost fun, huh?) are new forms to file and an increase in penalties for not making an effort to get the information correct and into the hands of the proper recipient. Failure to file by the due date can cost businesses $250 per item, up to $3,000,000 in penalties ($1,000,000 for small businesses).  Add to that the warning about intentionally not filing or having an “intentional disregard of the requirements to furnish a correct payee statement”, which carries a penalty of at least $500 per payee statement and has no maximum penalty. Clearly, the cost of making sure the information is correct and filed in a timely manner is far less than the cost of not getting it done – or done right.

Growing problems around wage and revenue reporting have caused the IRS to pursue a variety of measures over the years to try to improve information reporting.  The Affordable Care Act has also had quite an impact on wage and benefit reporting, increasing reporting requirements substantially.  From the introduction of health plan reporting on W2s to the new mandatory forms 1095-C and 1094-C (for applicable large employers), businesses of all sizes are feeling the pressure.

February 2016 marks the date when employers and healthcare providers are required to file those shiny new IRS information returns regarding employer-provided healthcare coverage, providing a copy of the return to each employee much like a W2. The information would then enable the IRS to enforce rules established under the Affordable Care Act by revealing whether an individual might be eligible for a premium tax credit, or if an employer may be subject to non-compliance penalties. Penalties for failing to comply essentially double in 2016.  And the IRS suggests that a “good faith effort” standard will be applied to information reporting, offering no relief for employers that fail to make the effort to file timely and correctly.

It wasn’t very long ago that 1099 filing requirements expanded substantially, forcing businesses to get far more detailed in their production of information to the IRS and to payment recipients.  While this filing requirement impacted businesses both large and small, most lived through it (with the help of their trusted accounting professional!) and were able to comply.  That effort informed the IRS on a wide variety of business payments and expenses not previously tracked, in particular payments made for services and non-employee compensation.

The increasing scrutiny of wage and earning information may also help in efforts to curtail tax refund fraud.  Identity thieves use stolen (or borrowed) social security numbers to file false tax returns early in the year. Unfortunately, with the IRS motto of “pay first, prove later” the cross checking won’t likely be done until after the refund check has been sent. Once the task is performed, however, the taxpayer could end up getting a letter from the IRS stating that more than one tax return was filed using the social security number, they owe for a tax year for which they did not file a return, or the IRS indicates that wages were reported from an employer the taxpayer doesn’t know.

The IRS expects tax refund fraud to top $21 billion by 2016, which is an increase of 223% from 2013 numbers. Tax refund fraud costs every taxpayer.  No wonder the IRS is getting tougher with the penalties for not filing information returns accurately or on time.

jmbunnyfeetMake Sense?

J

Following is the text from the IRS, which outlines the “Increase in Penalties for Failure to File Correct Information Returns and to Provide Correct Payee Statements — 31-JUL-2015

L. 114-27, section 806, increased penalties for failure to file correct information returns and provide correct payee statements for information returns required to be filed after December 31, 2015.

Penalties are discussed in Section O in the General Instructions for Certain Information Returns. The penalties in the bulleted list under “Failure To File Correct Information Returns by the Due Date (Section 6721)” are revised as follows.

  • $50 per information return if you correctly file within 30 days (by March 30 if the due date is February 28); maximum penalty $500,000 per year ($175,000 for small businesses).
  • $100 per information return if you correctly file more than 30 days after the due date but by August 1; maximum penalty $1,500,000 per year ($500,000 for small businesses).
  • $250 per information return if you file after August 1 or you do not file required information returns; maximum penalty $3,000,000 per year ($1,000,000 for small businesses).
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Analysis, forecasts and modeling: What’s the point?

Analysis, forecasts and modeling: What’s the point?

financeIn today’s business world, risk, uncertainty and volatility are just par for the course – everyday realities of simply being in business.  Nothing is certain, they say, except death and taxes.  Yet there is a fine art to driving profitable growth in a business, and adapting to existing and emerging risk takes a great deal of experience, information and agility.  While planning and process development may occur at many levels within the organization, it is the FP&A (financial planning and analysis) capability which helps top performing businesses be top performers.

Financial planning and analysis are activities central to enterprise performance management (EPM) and must necessarily extend beyond finance.  Integrating various functional domains in the business (financial, operational and strategic), FP&A should bring data together from the various facets of the business and use the information to help structure and guide the organization toward meeting short-term and long-term goals.  Among the most critical of the duties of FP&A is calculating the financial impact, the monetary effects, of potential business decisions.  Everything in business means money, so there is always an impact to a decision.  With the right information supporting the decision, it is far more likely to have a positive impact and a level of sustainability.

While many CFOs may recognize the importance of performance measurement, planning and forecasting, a great many also believe the process isn’t very effective. The cause is frequently the divide between the various domains in the business and the information systems supporting them.  Operational data are distilled into summary financial information and fed to finance systems, losing much of the underlying intelligence that might be gained from analysis of the details.  Strategic development and planning may overlook certain volatile elements in the market, or may base successful outcomes on an expectation that conditions within the business will not change.  Finding ways to integrate the data from the respective domains into a comprehensive model is essential to developing a better and more robust forecasting and scenario-playing capability.  With the right information, analytics may be applied to all facets of management decision-making, anticipating and shaping business outcomes far more effectively than could be done without the insight.

Small business owners may believe that things like “predictive modeling” and “enterprise performance management” aren’t things they need to worry about, but the small business could use this information just as beneficially as a larger enterprise – perhaps even more as the insight could be the key to small business survival and growth.

Using analytics, the owner is able to adjust and re-align strategy in real-time to keep on the right path and goals clearly in sight.  Analytics can also help a business better understand what really drives revenue, working capital and profits.  Analytics can even help managers align compensation and strategy with business objectives, preventing compensation issues from outpacing business benefit.

There is a cost to growing a business, and some strategies might be more sustainable than others.  Time will tell, but it is great if the business owner has some business intelligence that might indicate what’s going to happen before it actually does.

Make Sense?

J

 

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Two Ways to Get QuickBooks in the Cloud

Get QuickBooks in the Cloud: Hosted QuickBooks Desktop or QuickBooks Online

cloud-computingRunning applications online, or “in the cloud” using today’s parlance, is top priority for a lot of businesses.  It’s not that these organizations have a burning desire to post their financials to the web, which is what a lot of folks thought was going to happen when we first suggested they use their financial applications online.  Rather, business owners and managers have begun to recognize and experience the benefits of connecting their various locations, remote and mobile workers with real time access to business applications and data.  Further, centralization of IT coupled with outsourced IT management and subscription service pricing has introduced financial and operational benefits which make businesses more cost-efficient as well as more agile.  From being the basis for foundational process and workflow improvements to allowing the repositioning of IT costs from capex to opex, online application services are proving their value in various ways every day.

The evident popularity of cloud solutions is clearly visible in one small corner of the global software marketplace: the small business accounting solution market. Intuit’s QuickBooks product, almost a default go-to with entrepreneurs and small business owners, is still the most prevalent accounting solution in use by US small businesses.  While there may be growing usage of other applications on the web, such as Xero or FreshBooks (both are awesome SaaS apps that do what they do quite well), there is equally strong growth in Intuit’s own SaaS version of QuickBooks.  The SaaS applications are easier to localize for different places in the world – different languages and currencies – so international use of these products is likely to continue to grow.  Even more to the point, these solutions address functionality and pricing levels which are acceptable to entirely different classes of users that previously wouldn’t even consider buying accounting software to do the books (like freelancers and solo/soho operators), so the overall size of the market of “businesses who use accounting or bookkeeping software” is actually growing.

Intuit’s QuickBooks Online edition is a true SaaS solution that is quite different from the desktop-based QuickBooks.  While QBO has gained tremendous popularity, it has yet to reach the user numbers the desktop products have.  The desktop solutions boast not just a particular range of functionality, but integrated applications and add-ons, and – perhaps most importantly – being a foundation for a wide variety of financial and business record keeping, bookkeeping, accounting, operationally oriented and reporting processes.  To sum it up: it’s embedded.  People know the software, the data is in a known format, and the product is simply part of how the business operates.

Once a solution is as entrenched as QuickBooks is – kind of like the entrenchment Microsoft Word and Excel have in the productivity area – it doesn’t go away very quickly and only when the value proposition is much greater… and maybe not even then.  Rather, folks find ways to make the solution they want work for them.  This is where hosting comes in and meets with the market’s demand for running applications (yes! even desktop applications!) online, as managed subscription service.

Running your QuickBooks desktop online via a hosting provider is how businesses take advantage of the best benefits of SaaS without actually converting to a SaaS application. They retain investments in training, process and integration yet introduce mobility, remote access and office connectivity, centralized information and predictable costs. QuickBooks-using businesses need to know about hosting their QuickBooks and the providers who can offer anything from standardized to extremely customized service.

As technology continues to evolve at ever-increasing rates, businesses will continue to be faced with new paradigms for doing business.  Some will adopt early and some will adopt later, and some simply won’t adopt.  Certainly the market as a whole doesn’t adopt as quickly as software companies would like, but then that’s always the way it is.  Customers will do what works for customers, and right now hosting is working for QuickBooks customers.

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J

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Accounting for Custom Manufacturing

Accounting for Custom Manufacturing

Accounting and bookkeeping is a part of every business large and small, yet there are myriad details to work with and a multitude of possible approaches to addressing the requirement.  From a summary perspective, there are standards which are fairly easily met, providing the basics of sales and expense tracking and income reporting sufficient for basic tax and compliance work to be performed.  Yet accounting may go much deeper into the operational processes of the business, delving into the details of productivity and profitability in order to find and expose areas where the business might improve both.

mfgManufacturing, particularly custom manufacturing or ETO (engineering to order) is among those industry types that could benefit tremendously from a more intimate and detailed approach to accounting.  Unfortunately, it is often difficult to find experienced professionals with not simply a competence in working with manufacturing industry sector clients, but specifically with ETO process.  Building to order is one thing, but finding the way to improve efficiency and profitability when every job is a custom encounter takes additional skills and a lot of data.  Accounting professionals with these skills are needed to help these custom manufacturers grow, transform their businesses and make the overall operations more efficient and sustainable.

It seems logical that manufacturing and ETO space businesses are ripe for the same bridging of technology and analysis that the accounting industry started broadly approaching some years back.  With bookkeeping processes being more frequently outsourced to non-accountants, the accounting professionals saw increased pressure to find more efficient ways of doing things and had to find new value to deliver to clients.  Technology, data collection and analysis became the foundations for delivering on that new requirement.  With the established model and philosophy, bringing more operational aspects of client systems into the mix and extending the model end-to-end just makes sense.

It takes a combination of systems – from the core accounting solution to the manufacturing control or other operational systems, through to the analytical tools.  Leveraging hosting technologies and cloud service, businesses are finally able to bring the multiple work locations – shops, warehouses and business offices – together in a single software and technology platform, and collect the level of detail necessary to provide a comprehensive and true picture of the business.  The analytical tools then provide the means to explore the details and identify where improvements might be made or where previously unrecognized risk exists.

QuickBooks desktop editions remain among the most popular financial systems used by manufacturing and job shop applications, largely due to the effectiveness of connecting the operational applications to an accounting solution which proves highly workable and which has strong industry support.  Even with the emergence of QuickBooks Online (and the push by Intuit to get customers to adopt this web-based alternative to desktop-based software) the QuickBooks desktop edition products continue to provide more functionality and application support for these working models, as the ability to fully manage the information in the solution exists more in the disk based products than it does in a multitenant web-based application.  Accounting “mechanics” are able to see, access and work with all the data rather than simply view reports where only half of the transaction is visible – making detailed accounting and data analysis more readily available.

 

The key is to leverage the accounting professional, the right software tools, and the platform and delivery environment that allows it all to work in concert for the entire organization.  Add the QuickBooks hosting service so the participants can work more closely together.  Enabling the accounting professional and bringing them closer to their clients (and client systems) allows the deeper move into operational issues, creating the basis for both to receive new and more value from the relationship.

jmbunnyfeetMake Sense?

J