Commonsense CPA: Employee Retention is Top of Mind in 2022
“The secret of my success is that we have gone to exceptional lengths to hire the best people in the world” - Steve Jobs
There’s not a business conversation that goes by these days that doesn’t turn, seemingly within minutes, to the challenges of the tightest labor market in living memory. Although there are signs that the labor market is beginning to cool, the Labor Department still announced last week that there were 11.3 million new job postings in May, compared with only 5.95 million workers who were unemployed, but looking for work. In a market like this, the question of “Where did all of the workers go?!” ranks second to only “What do I have to do to keep my employees from leaving?”
On the one hand, it is important to realize that the current employment environment is predictable. In the 1970’s, many employees responded to inflation by turning to their union reps who negotiated with employers for long term contracts with guaranteed inflationary raises. By the 2020’s, employee participation in private sector unions had declined to 6.1% nationally, and the employees in our highly decentralized labor force responded to inflation by job hopping at a breathtaking rate, looking for pay and benefit (remote work) increases.
This month’s Commonsense CPA focuses on an attractive retention tool that is generally underutilized by small businesses: Educational Assistance Programs. You may not be able to beat the entire labor market by expanding your benefits, but I believe that investing in your people will always pay dividends, plus a well designed plan can be easy to administer and adapt to the current economic conditions of your business.
We hope you’re enjoying your summer!
Matt Hetrick, CPA
President and founder of Harmony Group Inc.
Educational Assistance Programs Can Benefit Your Business
It’s become shop-worn wisdom that the greatest investment you make is in yourself. Skill development through educational attainment or experience is portable, doesn’t depreciate and compounds as you gain more knowledge. As an employer, business owner or employee, skill and knowledge development should be at the forefront of investment of your key resources of time, money and effort.
If investing in yourself is the best investment you can make, investing in the development of your employees is a close second. Creating an educational benefit program for employees to further their development will lead to a more skilled workforce, better retention and easier hiring.
If planned and implemented correctly, there are ways to get tax-advantaged treatment for these vital benefits.
Two sections of the Revenue Code pertain to employee educational assistance benefits: Section 127 and Section 132. Both code sections allow employers to provide educational benefits to employees without paying the employer share of FICA taxes and allow the employee to not be taxed on any educational assistance benefit. These plans are not subject to ERISA rules (subject to the limitations in the code).
An Educational Assistance Program (§127) is ideal for employers who desire to provide a maximum educational benefit of $5,250 per employee (the statutory maximum). A §127 plan must be written, for the exclusive benefits of employees who have reasonable notification of the availability and terms of the plan and not be discriminatory to highly compensated employees. Additionally, employers cannot offer a choice between the benefit or other compensation.
Additionally, as a coronavirus relief measure, §127 was expanded through 2025 to allow employers to offer the maximum educational benefit ($5,250) to employees for student loan repayment. While not directly upskilling employees this tool is extremely popular among younger employees burdened by student debt.
If employers want to provide assistance for education in excess of $5,250 or choose not to have a qualifying Educational Assistance Program monies provided in furtherance of an employee’s education can still be tax-exempt. Code §132(a)(3) exempts from taxation “working condition fringe” benefits that can include job-related education.
To qualify the education must meet one of the following tests:
The education is required by the employer or by law for the employee to keep his or her present salary, status, or job. The required education must serve a bona fide business purpose of the employer.
The education maintains or improves skills needed in the job.
However even if the education meets one of the two standards it will not qualify if the education:
Is needed to meet the minimum educational requirements of the employee's present trade or business, or
Is part of a program of study that will qualify the employee for a new trade or business.
Finally, each course must be evaluated separately for qualification as a working condition benefit. Although the IRS has been expansive in qualification, choosing to provide education assistance as a working condition fringe benefit is very fact intensive and should be done in consultation with legal and tax professional advisors.
It’s critical to make sure that the educational assistance plan is appropriately tailored to meet your strategic goals for your business. As with all benefits the chief goals need to be return on investment in the form of effective utilization and staff retention.
Like any outlays of capital, goals and benchmarks should be established for utilization of the program including how many employees are availing themselves of the benefit, course completion rates and effects on overall employee retention. Progress towards objectives and metrics should be reviewed on a regular basis.
A Common concern with paying for employee education is investing in the development of employees who leave shortly after receiving the benefits and receiving enhanced job skills and qualifications. To address this well-founded concern many employers utilize a written contractual agreement providing that employees who avail themselves of an educational benefit may be liable to repay a portion of the benefit if they don’t stay a certain amount of time after utilizing the educational assistance.
Commonly called Tuition Reimbursement Agreements, these agreements often provide that the employees will have to repay funds given for education if they don’t complete the course work or leave voluntarily for a certain period after the grants have been advanced. These agreements need to clearly state the amounts be given, the coursework to be completed by the employee and be graduated in repayment terms. A sample timeline is below:
It should be emphasized that any contractual agreement doesn’t constitute an employment agreement and have standard provisions including but not limited to integration, severability, choice of law, choice of forum, and disposition of attorney’s fees. Contract should be drafted in conjunction with legal counsel.
While there are complexities in setting up and implementing a smart, well designed educational assistance benefit is a great way for employers to offer additional compensation in a tax advantaged way that signals an interest in investing in the most important asset of your company – your employees.
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All information in this post is to be used for general informational purposes only and doesn’t constitute business, legal or tax advice. Consult your professional advisors for more clarity or advice on any issues raised in this post. Harmony Group takes no liability for any reliance on any information in this post.